Welcome back to The Settlement Agreement Solicitor blog, where we break down everything you need to know about settlement agreements and help you navigate employment law with confidence. I’m Geoffrey Caesar, a solicitor with over 20 years of experience, and today we’re tackling an essential question: Where can I get independent legal advice about my settlement agreement?
If you’re facing a settlement agreement, you might feel uncertain about what steps to take. The good news is, by law, your employer is required to ensure you receive independent legal advice before the agreement becomes binding. But not all legal advice is created equal, and in this post, I’ll explain why getting advice from a solicitor who specialises in settlement agreements is one of the best decisions you can make.
Why Is Independent Legal Advice Essential?
For a settlement agreement to be legally binding, the law requires that you, the employee, receive independent legal advice about the terms and effects of the agreement. This is crucial because settlement agreements often involve waiving significant employment rights, including the right to bring future claims against your employer. Fully understanding what you’re agreeing to is vital.
However, it’s not enough to receive advice from just anyone. The law is clear about who can provide this advice, and you need to choose carefully. While trade union advisors, voluntary sector advisors, and some legal executives can act in this capacity, I strongly recommend seeking advice from a solicitor who specialises in settlement agreements. Here’s why.
Who Can Provide Independent Legal Advice?
Under the law, several categories of professionals are authorised to provide independent legal advice for settlement agreements. Let’s briefly review them:
- Qualified Lawyers: Solicitors and barristers with practising certificates are the most common and comprehensive source of advice. They are authorised to conduct litigation and appear in court.
- Trade Union Advisors: If you’re a union member, some certified officers within your union can provide legal advice.
- Voluntary Sector Advisors: Advisors at certain advice centres can provide legal guidance, as long as you aren’t paying them directly.
- Chartered Legal Executives: Some legal executives employed by regulated law firms can also offer advice, though their role may be more limited compared to solicitors.
Why Choose a Specialist Solicitor?
While all these options exist, not all advisors are created equal. Here’s why opting for a solicitor who specialises in settlement agreements can make a world of difference:
1. Expertise in Employment Law
A solicitor who specialises in settlement agreements brings a deeper understanding of employment law. They’ve handled countless agreements, negotiated with various employers, and know how to identify potential issues that others might miss.
From spotting overly restrictive confidentiality clauses to understanding the nuances of settlement sums, specialist solicitors are experienced in safeguarding your rights. They can also ensure that the agreement is free from any ambiguous or unfair clauses.
2. Tailored Negotiation Skills
A settlement agreement may look final, but it’s often negotiable. A specialist solicitor can help you negotiate a better deal, including a higher financial settlement, an extended notice period, or even a more favourable reference. Their expertise allows them to assess what is reasonable and negotiate terms that best serve your interests.
3. Ensuring Full Protection of Your Rights
Settlement agreements often involve waiving future claims. A specialist solicitor will make sure the scope of claims you’re waiving is fair and necessary. This is particularly important if ongoing issues exist, such as potential claims for discrimination, harassment, or whistleblowing. Without proper advice, you could accidentally give up your rights to pursue legitimate claims later.
4. Keeping You Up to Date with Legal Changes
Employment law is constantly evolving. For instance, recent discussions around confidentiality clauses—especially following the #MeToo movement—are leading to changes in how they should be handled. A specialist solicitor stays on top of these legal updates, ensuring that any agreement you sign complies with current regulations.
5. Peace of Mind and Professional Insurance
A solicitor advising on a settlement agreement must have professional indemnity insurance, giving you protection if anything goes wrong. More importantly, working with a specialist gives you confidence that the advice you’re receiving is comprehensive and aligned with your best interests. This peace of mind is invaluable when signing a document that could significantly impact your career and future.
The Risks of Choosing Non-Specialist Advice
While non-solicitor advisors can provide competent advice, they may lack the breadth of experience or the ability to offer tailored strategic guidance. In some cases, this can leave you with unanswered questions or, worse, in a position where you’re not fully protected.
A recent case, Allison v University Hospitals of Morecambe Bay NHS Trust, highlights the risks of not receiving proper independent advice. The settlement agreement was ruled invalid because the claimant didn’t get adequate legal counsel, underscoring the importance of choosing the right advisor.
The Takeaway: Choose a Specialist Solicitor
Yes, there are several routes you could take to get independent legal advice on your settlement agreement. However, if you want the best possible outcome, choosing a solicitor who specialises in settlement agreements is the smartest choice. They’ll provide expert guidance, ensure your rights are protected, and help you achieve the most favourable result.
If you’re facing a settlement agreement and are wondering what to do next, feel free to get in touch. I’m a specialist settlement agreement solicitor, dedicated to making sure your agreement works for you.
Thank you for reading this post on The Settlement Agreement Solicitor. If you found it helpful, please share it with anyone who might benefit from this advice.
Until next time, remember to seek the right advice, stay informed, and stay empowered.
