Welcome back to The Settlement Agreement Solicitor blog, where I, Geoffrey Caesar, a solicitor with over 20 years of experience in settlement agreements, guide you through the intricacies of employment law. Today, we're addressing a common question: Can I still settle after I’ve left my job? The short answer is yes, but the process has its own nuances that are worth exploring.
Why Settle After You’ve Left?
Even after you’ve left your job, there might be unresolved issues. Whether you resigned, were dismissed, or left under mutual agreement, a post-termination settlement can still be an option. This can be particularly important if you feel you were constructively dismissed, made redundant without following the correct process, or even unfairly dismissed.
Rather than pursuing a potentially lengthy and stressful tribunal claim, many employees opt for a settlement. Settling is typically faster, less expensive, and more predictable than going to a tribunal. A settlement agreement can also offer perks that a tribunal can’t, such as an agreed reference or an enhancement to your termination payment.
When Can a Post-Termination Settlement Happen?
A post-termination settlement typically becomes an option once a grievance or potential claim has been raised. This might happen after you’ve sent a letter before action, or even after lodging a claim with the Employment Tribunal. In some instances, the employer may initiate settlement discussions themselves to avoid the risks and costs of legal proceedings.
If your employer offers a settlement, it’s vital not to rush into accepting the first deal. This is where legal advice becomes crucial. Understanding the legal implications and comparing the offer to what you could achieve at a tribunal is key to making an informed decision.
What Can a Post-Termination Settlement Agreement Include?
Even after your employment has ended, a settlement agreement can cover the same elements as if you were still employed. These typically include:
- Final settlement payment: This payment is made to avoid any future claims and could be higher than a tribunal award.
- Agreed reference: Securing a positive reference is often a top priority for professionals moving on to new employment.
- Confidentiality clauses: Both parties usually agree not to disclose the terms of the settlement.
- Waiver of claims: You’ll typically agree to waive any potential claims, such as for unfair dismissal or discrimination.
- Tax indemnity: If any part of the payment is taxable, provisions for handling this are often included.
The Importance of Legal Advice
Before signing any settlement agreement—especially after you’ve left your job—seek legal advice. Your solicitor will help you assess the strength of your claims, negotiate a fair deal, and ensure you fully understand the legal terms. The good news? Employers are usually required to contribute to the legal costs for advice on settlement agreements, meaning it shouldn’t cost you anything out of pocket.
Can You Still Pursue a Tribunal Claim?
If settlement negotiations don’t go your way, or if the offer is not reasonable, you can still pursue a tribunal claim. However, be mindful of time limits—usually, you have three months less one day from the date of your dismissal to file a claim for unfair dismissal or discrimination. Settlement talks don’t pause this deadline, so keep an eye on the clock.
Wrapping Up
So, can you settle after you’ve left your job? Absolutely. In many cases, it’s a quicker and more predictable route than going through the tribunal process. However, it’s essential to get professional legal advice to ensure you’re securing the best possible outcome for your specific circumstances.
If you’re navigating this situation and need advice, feel free to reach out to me for a free, confidential consultation.
Thank you for reading this blog post from The Settlement Agreement Solicitor. If you have any questions or want to explore a specific topic, feel free to contact me via my website at yoursettlementagreementsolicitor.com.
Until next time, take care—and remember, settling smart is key to moving forward confidently.
