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Employment and HR Support - KBL Solicitors

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T: 01204 527777 T: 01254 268790 E: enquiries@kbl.co.uk
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Settlement Agreements

Settlement Agreements
  • > Confidentiality & Post Termination Restrictions
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  • > Unfair/Wrongful Dismissal Claims

Where an employment dispute arises it may be possible (and appropriate) to seek to settle matters without turning to the Employment Tribunal.

By law an employee cannot waive statutory claims unless he enters into a settlement agreement or binding ACAS agreement. The latter is therefore commonly used once proceedings have been issued and the former is adopted prior to proceedings having been issued.

The employee must, as a matter of law, receive independent legal advice on the settlement agreement to secure a binding waiver of all the employee’s statutory and contractual claims.

The reported cases show us that employees have been allowed to proceed with claims where the settlement agreement was not properly drafted and executed.

All employers seeking to enter into without prejudice discussions must do so with caution. Simply labelling correspondence or discussions ‘without prejudice’ shall not guarantee that a Court or Employment Tribunal will be prohibited from hearing evidence of those discussions or reviewing the correspondence. The concept of a ‘protected conversation’ has now been introduced which can offer employers additional protection when approaching an employee in relation to an exit package.

We have the expertise to advise and assist your business in relation to employment disputes, conducting settlement negotiations and drafting settlement agreements.

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KBL Solicitors LLP, a Limited Liability Partnership. Registered in England number OC402496 VAT Reg. No. 421 8505 72 Service provided by solicitors of England and Wales Authorised and Regulated by the Solicitors Regulation Authority SRA Number 627254 www.sra.org.uk

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KBL Solicitors Bolton

New Mansion House
63-65 Chorley New Road
Bolton
BL1 4QR

Tel: 01204 527777 Fax: 01204 388940 E: enquiries@kbl.co.uk
KBL Solicitors Blackburn

12 Cunningham Court
Blackburn
BB1 2QX

Tel: 01254 268790
E: enquiries@kbl.co.uk

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Made in Freshfield

  • Home
  • Business
    • Commercial Litigation
      • Bank & Financial Investment Mis-Selling
      • Business Disputes
      • Construction Disputes
      • Contract / Terms & Conditions
      • Intellectual Property
      • Manufacturing Disputes
      • Mediation
      • Professional Negligence
      • Property Litigation
    • Commercial Property
      • Academy Conversion
      • Acquisitions & Disposals
      • Compulsory Purchase Orders
      • Energy Performance Certificates (EPC’s)
      • Landlord & Tenant Matters
      • Land Tribunal Work
      • Leases
      • Licensed Trade Premises
      • Option Agreements
      • Secured Lending
    • Corporate & Commercial
      • Agency & Distribution Agreements
      • Banking & Lending Services
      • Business Sales & Purchases
      • Commercial Contracts
      • Group & Company Restructures
      • Company Formation & Registrations
      • Joint Ventures
      • Share Options
      • Shareholders’ Agreements
      • Terms & Conditions
    • Employment / HR Support
      • Confidentiality & Post Termination Restrictions
      • Defending & Preventing Harassment Claims
      • Discrimination
      • Employment Contracts
      • HR Advice Service
      • HR Training
      • Policies & Procedures
      • Redundancy
      • Settlement Agreements
      • TUPE / Business Transfers
      • Unfair/Wrongful Dismissal Claims
    • Insolvency & Restructuring
      • Directors Disqualification
  • Personal
    • Divorce & Family Law
      • Child Arrangement Orders
      • Children
      • Civil Partnerships
      • Co-Habitation Agreements
      • Divorce & Your Business
      • Financial Remedy Proceedings
      • Just Living Together
      • Living together – the future
      • Parental Responsibility
      • Pre-Nuptial Agreements
      • The end of a Relationship
    • Employee Rights & Disputes
      • Directors / Senior Executives
      • Discrimination in the Workplace
      • Redundancy Situations
      • Settlement Agreements
      • TUPE for Employees
      • Unfair Dismissal
    • Litigation / Disputes
      • Debt Recovery
      • Financial Services Disputes
      • Professional Negligence
      • Property Disputes
      • Probate Litigation
    • Personal Insolvency
    • Property
      • Buying a house
      • Equity Release
      • Remortgaging
      • Residential Property Disputes
      • Selling a house
    • Wills, Trusts, Tax & Probate
      • Advice for the Elderly Client
      • Court of Protection
      • Inheritance Tax
      • Power of Attorney
      • Probate & Estate Administration
      • Probate Disputes
      • Trust Advice
      • Will Preparation
  • About us
    • Careers at KBL
    • Testimonials
    • Factsheets
  • Meet the Team
  • News & Events
  • Contact us
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Get in touch

T: 01204 527777 T: 01254 268790 E: enquiries@kbl.co.uk
Request callback