Unfortunately, in this situation, your employer is likely to blame you for the breakdown in the relationship. There is a chance you may receive less compensation. However, if you can prove that discrimination or unfairness led to the proposed disciplinary action, it is possible that a generous settlement can be obtained.
Read moreBecause it may be more difficult for you to find another position, it is likely any financial compensation under a settlement agreement will be higher.
Read moreBonus payments and commissions present a challenge as they are paid at the employer’s discretion, as opposed to being a contractual right. Our team will fight tenaciously to ensure you receive as much of your yearly bonus or commission as possible as part of the financial compensation.
Read moreYour annual salary and any bonuses will greatly affect your financial compensation, as the more you earn, the higher the payment.
Read moreYou have to remember that your employer’s motivation in entering into a settlement agreement is to ensure you leave the company and do not make a Tribunal claim. Leaving your job before signing an agreement removes much of the need for the employer to be generous, or even reasonable. Compensation is to make up for […]
Read moreIt can do. If you are relatively young and inexperienced, your award may be less, as you may face fewer challenges in finding another job. However, if you are nearing retirement age and are highly specialised, the fact you are likely to have trouble finding new employment is a favourable factor in negotiations.
Read moreIn most cases, a settlement payment will be more than you could receive in the Employment Tribunal, especially if you have strong legal representation who can robustly negotiate for you. If you win your case in the Employment Tribunal, you will be taxed on any award the judge orders. You will also have to pay […]
Read moreIt is in your employer’s best interest to ensure that by signing a settlement agreement, you waive your right to bring almost every possible type of employment claim against them. There are certain statutory and personal injury claims that cannot be covered by a settlement agreement. These include: not consulting or informing representatives in a […]
Read moreIt is rare for a settlement agreement to not include a confidentiality clause. It is vital that you get legal advice on the terms and breadth of the confidentiality clause, as breaking it could lead to you having to pay back part or even all of your compensation. Following the exposure of Harvey Weinstein’s sexual […]
Read moreSettlement agreement payments are comprised of two parts: Contractual payments Compensation payments Contractual payments consist of payments you are due in accordance with the terms of your employment contract. Examples include holiday pay and bonuses. These will be subject to income tax and National Insurance (NI) payments. The compensatory payment, also known as an ex-gratia […]
Read more