Employee Advice Settlement Agreement FAQS

Your employer cannot force you to sign the offer straight away. According to ACAS guidance, employees should be given a minimum of 10 calendar days to consider the offer and decide whether they want to agree to it.  If your employer is putting you under pressure, talk to your lawyer about it. They may have acted improperly, and this could work against them.

If you refuse to sign the Settlement Agreement your employer may be able to legally and fairly terminate your employment.  In this case, you would not receive a contribution from your employer towards your legal fees. If you turn down an offer, you might not get a better one.  It is important to seek expert advice throughout the process to make sure your interests are protected and the optimal outcome is achieved.

Yes, generally it is possible to withdraw a settlement offer at any stage before it has been signed.

This depends on the specific confidentiality clauses in your agreement. Sometimes you are able to tell people that you have come to an agreement with your employer but not say what the terms of the agreement are.  In more sensitive cases, or for some other commercial reason, the employer might insist that you keep the fact that you’ve reached an agreement at all completely confidential.

Generally, there are only three types of claims that you could make after signing a Settlement Agreement. Firstly, you could claim a breach of contract if your employer does something contrary to the terms agreed.  For example, not paying the agreed amount.  Secondly, unless excluded at the time, you are usually able to make a personal injury claim for illnesses or injuries that come to light in the future if they were caused by your working conditions (except if they relate to another claim which has been settled).  Thirdly, you should still be able to make claims in respect of accrued pension rights.