123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Who Actually Looks After The Settlement Of Settlement Agreement?

Profile Picture
By Author: Hudson Mckenzie
Total Articles: 24
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

The objective of a settlement agreement between an employer and employee is initially to safeguard the employer from rights by the employee, and in response, for the employee surrendering their rights to emerge out claims the employer pays a decided sum in compensation.
Of course, there are numbers of other terms encompassed, including intellectual property, privacy, restrictive agreements, and more. Most often the agreement is also the legal tool that dismisses the employee’s contract of employment, so there is no resignation or dismissal, but this differs depending on the conditions.

The settlement agreement turns into a binding contract once it is brought into action. This includes both parties entering into it (sometimes as a deed) and generally also the adviser signing an added certificate (more on this later). But if, in most of the cases, the document holds a waiver of statutory employment rights (instead of just contractual rights), then it isn’t compulsory, or at least is challengeable if does not fulfil with the statutory requirements overriding settlement agreements.

These are a group of provisions ...
... limited primarily in section 203(3) of the Employment Rights Act 1996 and reflected within numerous other pieces of legislation which come in an extra stage of protection for the employee.
They include:
• The agreement should be in writing

• It must associate with a specific complaint or proceedings, i.e. list the potential claims being waived

• The employee must seek legal advice from settlement agreement lawyers in London on the terms and effect of the agreement and its effect on their ability to challenge any rights before an employment tribunal

• The third-party adviser must have an existing contract of insurance, or professional indemnity insurance, including the risk of a claim against them by the employee in regard to the advice

• The agreement must determine the adviser

• It must mention that the conditions controlling settlement
agreements under the relevant statutory provisions have been met.

If there is any confusion about the eligibility of an employee’s settlement agreement lawyers in London, then the employer must gratify itself that the individual suggesting the employee is in fact properly qualified and fulfils one of the statutory categories set out above. If they’re unable to do this, then as the employer, they carry the risk that the waivers in the agreement may not be applicable, and no employer wishes to transfer money in return for a promise that isn’t worth the paper it is mentioned on.

As the statutory safeguards are there to protect the employee in these conditions, there is no corresponding statutory need that the employer has to obtain legal advice. However, this would be highly practical in the circumstances, and in most of the cases, employers do. It is highly imperative for both parties to teach a (different) specialist employment lawyer to ensure their rights and interests are displayed, and their legal obligations clarified to them.

More About the Author

We are a city law firm based in London with the personal approach, responsiveness and creativity of a boutique practice to our clients. It is recognized for its best expertise by various legal directories including The Legal 500. Lawyers and Solicitors who understand you and your problem and helps to recover from it.

Total Views: 451Word Count: 465See All articles From Author

Add Comment

Legal Articles

1. Family Law Attorney In Virginia Beach – Guiding You Through Life’s Toughest Moments
Author: family lawyer

2. Understanding “what Is Bankruptcy”: Definition, Types & Things To Know
Author: RecoveryLawGroup

3. Role Of A Divorce Lawyer In Child Custody And Support Cases
Author: Singapore Sole Parent

4. Can You Represent Yourself Instead Of Hiring A Divorce Lawyer In Singapore?
Author: Singapore Sole Parent

5. Understanding Debt Negotiation And Consumer Rights With Jpmorgan Chase & Co
Author: Matt Williams

6. Motorcycle Lawyer In Lubbock: Protecting Your Rights On The Road
Author: Mark Taylor

7. Motorcycle Lawyer Waco: Protecting Your Rights On The Road
Author: Mark Taylor

8. Motorcycle Lawyer Austin: Your Trusted Advocate On Two Wheels
Author: Mark Taylor

9. Inside Deportation Defense: Miami Immigration Attorneys At Work
Author: Tim B Scott

10. Litigation Services In Kazakhstan: A Complete Guide
Author: Haider

11. The Best And Amazing Accident Law Firm St. Tammany Parish La
Author: Smith Johnson

12. Why Protecting Intellectual Property Is Crucial For Dubai-based Businesses
Author: Dr. Hassan Elhais

13. Vehicle Finance Claims - Resolving Your Disputes With Fair Legal
Author: Fairlegal UK

14. Advocate For Nri In Chennai: Your Trusted Legal Partner Back Home
Author: Sonu

15. Family Law In Dubai For Expats: What You Need To Know Before Filing A Case
Author: Dr. Hassan Elhais

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: