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Do I have to accept the Settlement Agreement? 
A Settlement Agreement is entirely voluntary. However, it can be withdrawn at any time by the employer until both parties have signed. It is important that you take the time to read through the agreement carefully. The ACAS Code of Practice suggests ten days to review the Settlement Agreement but your employer may have set a shorter deadline.
What happens during the negotiation process?
Negotiations are usually done face to face, and sometimes during a ‘protected conversation’ where you can have a colleague or union rep with you.
It is important to state you are negotiating ‘without prejudice’ which means nobody can refer to the discussions in a legal case. As part of our service, we can take over the negotiations.
What is a protected conversation?
Employers and employees are encouraged to have open discussions with a view to avoiding employment tribunals. ‘Protected Conversations’ are a special type of meeting in which the parties can speak about possible solutions or settlements without worrying about conversations forming part of a legal case.
This is really a simpler way of having a ‘without prejudice’ discussion but these days there is no need for an actual dispute. It is important to follow some very simple procedures and guidelines and we can help with this.
Are payments for Settlement Agreements tax free?
If offered, or offering, a Settlement Agreement it is clearly important to understand the tax implications of what is on offer especially as this is an area that can, and has, changed recently. Calculating the tax that might be payable on a settlement (compromise) agreement is not always straightforward. Settlement payments of up to £30000 are usually tax-free though this does not apply to all payments and the tax implications of any payment need careful consideration.