A settlement agreement brings the relationship between employer and employee to a formal end. It records in detail any settlement that you have reached with your former employer. If you sign a settlement agreement you waive your right to bring legal action against your former employer, in exchange for a financial payout.
A settlement agreement will be legally binding if all of the following criteria are met:
- It must be in writing
- It must only relate to your dispute, and cannot be used as a barrier to future claims against your employer
- You must have received legal advice before entering into a settlement agreement. The agreement must refer to whom you have consulted, and they must hold professional indemnity insurance
- The agreement must state that all conditions have been met
Legal advice is essential
Your settlement agreement will cover aspects such as the amount of money that you are to be paid and when this is due, whether you will receive a reference from your employer, whether you are bound by confidentiality in relation to the settlement agreement and whether your employer is required to meet your legal expenses. Because of the binding nature of your settlement agreement, as well as the numerous criteria that need to be met, it is essential to get legal advice at the earliest opportunity.
Quick turnaround with your desired settlement amount
Stirling Ackroyd Legal have a number of years of experience in helping employees get what they want with their settlement. If you are in a position to check over your offered package and need a quick turnaround, one of our solicitors will be more than happy to help you.
Disciplinary proceedings are used by employers to deal with problems involving the work or the behaviour of their staff, such as poor performance. Disciplinary action varies according to the circumstances, from a written warning to dismissal.
The first step
The first step in the disciplinary process may be an informal warning, for example for persistent lateness, which gives the employee the opportunity to improve their conduct.
The disciplinary procedure will usually consist of the following:
- A letter that puts the matter in writing
- A disciplinary meeting
- A disciplinary decision
- The opportunity for you to appeal this decision
Your employer should make all employees aware of their disciplinary procedure. This should provide examples of the type of conduct that will lead to disciplinary action and set down the procedure that will be followed. At the disciplinary meeting, the evidence will be presented, and you should be able to explain your side of the story.
You may be accompanied to this meeting, although you must inform your employer in advance if you intend to take somebody with you. This could be a colleague or a trade union representative. A decision will then be made, and disciplinary action may be taken against you, although you will have the right of appeal.
Making a claim
You can make a claim to an employment tribunal if this action is unfair, e.g. because it is discriminatory, or because you have been unfairly dismissed or unfair deductions have been made to your pay. You must do this within three months (minus one day) of the termination of your employment or the disciplinary decision.
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