Terminating the employment of an employee or group of employees is a difficult decision but sometimes it can’t be avoided. Our employment solicitors will guide you through the process to minimise the risk of unfair or wrongful dismissal claims.
When an employer and employee disagree, they can use a Settlement Agreement to resolve the issue to both parties’ mutual satisfaction. Employers and employees most commonly use these agreements when their relationship has become unsustainable, requiring a clean break.
The content of a Settlement Agreement reflects the outcomes of negotiations between the employer and employee; therefore, it’s unwise to generalize about the specifics of every Settlement Agreement, as details depend on the circumstances of each case.
However, a properly negotiated and accurately drafted Settlement Agreement typically includes the following:
An employee agrees to waive any right to initiate legal proceedings in the courts or employment tribunal against their employer; and an employer agrees to provide the employee with a level of compensation as part of the agreement.
The timing of the use of a Settlement Agreement is a matter of judgment. It is generally advisable that both employer and employee use every option open to them, through negotiation and discussion, to attempt to resolve their difficulties without recourse to litigation.
A Settlement Agreement should generally be part of broader discussions and negotiations between employer and employee regarding employment conditions. In severe cases, when both parties believe they have sufficient grounds for termination, a Settlement Agreement often arises.
We take great pride in our history of partnering with employers to resolve their differences with employees through Settlement Agreements that reflect their specific circumstances. Employers and employees create complex legal contracts known as Settlement Agreements, which must be negotiated and drafted with the assistance of specialist employment lawyers.
If you require legal advice on any of the above services or any other legal matter, get in touch on touch +353 1 663 2000 to speak with one of our experienced solicitors.
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