Settlement Agreements and Protected Conversations - EL for Business - MLP Law

Settlement Agreements
and Protected Conversations

Sometimes there is little to be gained from dragging out a failing employment relationship. Where an employee’s conduct or performance, or a redundancy situation, means that it would be better if they left the business, the offer of a Settlement Agreement, made during a “protected conversation”, can make commercial sense for all concerned.

It can also save a lot of time, money and stress for the employer and avoid the risk of a lengthy (and expensive) legal dispute.

Request a consultation with our expert Employment Law solicitors to discuss
how to conduct Protected Conversations and use Settlement Agreements to effectively manage risks to your business.

Request a consultation

We prepare bespoke Settlement Agreements to ensure your business has maximum protection
and complies with the specific statutory requirements for such agreements.

Our services include:

  • Drafting bespoke Settlement Agreements;
  • Providing you with scripts, and related letters, enabling you to conduct effective protected conversations; and
  • Providing bespoke training to managers conducting protected conversations.

Our Approach

All of our highly experienced Employment Law solicitors are Legal 500 recommended leaders in their field, who provide jargon-free, commercial legal advice. We speak to you in plain English and provide specialist, practical and pro-active solutions for your business.

We take the time to understand your business and the challenges you face, enabling us to provide bespoke advice which is tailored to you.

Testimonial

“The experience has been fantastic, and head and shoulders above our experience with other professional service firms. They are responsive, professional, understanding of our business needs and patient with us as a client.”

Rob Sandbach, Managing Director, Indiespring

FAQs

  1. What is a Settlement Agreement?

    In a nutshell, a Settlement Agreement is a legal document which waives an employee’s rights against their employer (such as to bring claims for unfair dismissal, discrimination etc), usually in return for an agreed severance package.

  2. What is the benefit of a Settlement Agreement for my business?

    The commercial rationale for the employer is that the cost of this process is often significantly lower than would be incurred if the employer had to defend an Employment Tribunal claim.

  3. What is a protected conversation?

    A protected conversation is an ‘off the record’ or ‘without prejudice’ conversation which employers are legally entitled to hold with employees as a means to resolve issues between them without the need for a claim. If held appropriately, such a conversation generally cannot later be relied upon or referred to in an unfair dismissal claim in the event that it does not lead to a resolution.

  4. Does the employee need their own solicitor before signing a Settlement Agreement?

    A Settlement Agreement is not binding unless a relevant adviser has explained the terms and the effect of the Agreement to the employee, as he or she is giving up legal rights surrounding their employment and its termination. A relevant adviser can include a solicitor or a trade union representative.

Speak to us to see
how we can help

0161 926 9969

Why choose the mlplaw team?

  • Unparalleled Experience and Expertise

We are vastly experienced, Legal-500 recommended
legal experts who live and breathe Employment Law. We provide no-nonsense, commercial advice, achieving
successful outcomes for employers.

  • Your business, your service

Your business is unique, as are the challenges it faces.
That’s why our approach is always as unique as your business itself.

We don’t like one-size-fits-all strategies. We’re all about crafting tailored strategies that fit your specific needs.

Communication is key. We’re fluent in plain language and have no time for legal jargon. We believe in complete transparency and proactivity, providing you with a clear path and fixed fees so you’re never caught off guard.

  • We are proactive and keep your options open

Most businesses only call their lawyers when things go wrong. By then, it may be too late. We know that prevention is always better than the cure. We work with you proactively to identify vulnerabilities, mitigate risks and ensure successful outcomes before problems arise. We save you time, money and the stress that comes with handling legal issues.


    Request a consultation

    Simply complete the form below and one of our experienced team will be in touch soon




    Must-read Employment Law Blogs

    Q&A Session – Managing Sickness Absence
    13th Feb 2024

    Sickness absence can have a disruptive effect on a business and should...

    Read

    4 mins read

    Read

    14 mins read