There may come a point in time where your relationship with your employer needs to come to an end, as part of which you may be offered a settlement agreement to resolve an ongoing dispute. A settlement agreement is a legally binding agreement that sets out the terms and conditions in terminating an employee’s employment or resolving a dispute and must be agreed upon by both parties to be lawful.
Why choose Community to assist with your settlement agreement?
For your settlement agreement to be legally binding, you must seek legal advice, and as a member of Community, this service is provided 100% free to Community members, and your employer will be invoiced for any fees incurred.
Our in-house legal team has extensive knowledge and experience in advising and supporting our members across different sectors and industries in understanding the terms of your settlement agreement, as well as what your employer’s obligations are. We cannot advise you on whether the terms of your settlement agreement are good or bad.
Following advice, we then certificate the advice and return this to your employer, making it legally binding.
How do I get advice regarding a settlement agreement from Community?
If you have been offered a settlement agreement, you should speak to your Branch Secretary (if you are in a recognised Community branch) or our Member Service Centre on 0800 389 6332, at help@community-tu.org, or by filling out this form. Please note that Community is unable to assist with any issue that pre-exists your membership with us.
Your matter will then be passed on to a Community Regional Officer or representative who will assist you in completing an application for legal assistance, and a relevant legal representative will be appointed to advise you on your settlement agreement.
Frequently asked questions about settlement agreements
No, you cannot as you weren’t covered by our membership at the time of being offered a settlement agreement.
If you are a member of Community, you must remain a member of the union until the conclusion of the settlement agreement as we cannot assist non-members.
We would advise you contact ACAS who offer free advice over the phone, however, cannot represent you in the workplace like us. Alternatively, you can seek a legal representative from a legal firm of your choice.
You are required by law to speak to a legal advisor to ensure your settlement agreement is legally sound and binding, so we would advise you contact us as soon as you receive your agreement terms.
You should not agree to any terms set out in a settlement agreement before seeking advice from Community.
If you are a member of Community, this service is provided 100% free as part of your membership.
Following agreement by both parties, Community will send the invoice to your employer (as agreed in the settlement agreement). Your employer is responsible for any legal fees incurred by a settlement agreement.
A settlement agreement is a legally binding contract used by employers to set out terms and conditions to terminate an employee’s employment or to resolve a dispute.
These must be agreed upon by the employee affected by the settlement agreement.
Yes, by law you are required to seek expert legal advice before signing a settlement agreement. Any and all settlement agreements must be reviewed by and signed by a qualified legal professional before being deemed legally binding.
Typically, employers will ask employees to sign a settlement agreement as a way to record an agreement to NOT to pursue legal action against them following an issue at work or termination of employment.
No, if you don’t agree to the terms outlined in a settlement agreement, you have the right to negotiate better terms. If you are unsure about the terms outlined in a settlement agreement, you should contact Community immediately for support. Our legal team can then explain what the terms mean for you, and outline any obligations your employer has.
Settlement agreements are 100% voluntary and you are not legally required to sign one if you don’t accept the terms. If you do not agree to the terms and refuse to sign the agreement, it is deemed invalid, in which case you can then bring or continue any legal claim against your employer, such as unfair dismissal or discrimination. During this period, you will remain employed, unless your employer decides to terminate your employment via other means, such as disciplinary.
If you wish to pursue legal action against your employer, you should contact us immediately for legal advice and support.
If you are happy with the terms outlined in the agreement, our legal team will provide advice and guidance to ensure you fully understand what you are agreeing to.
Following this, we will review the terms proposed in the settlement agreement to ensure they are reasonable and that your legal rights are protected throughout the process.
Upon completion, we will certificate the advice and send it to your employer, letting them know that you wish to proceed with the terms outlined in the agreement.
