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There are a number of statutory requirements in order to make a Settlement Agreement valid and enforceable, namely:
• The Settlement Agreement must be in written form with attestation clauses for signature. E-signature attestation is now acceptable
• The Settlement Agreement must be deemed to be in settlement of a dispute between the employer and employee. Details of the same needs to be expressly included in the agreement.
• The employee is required to take independent legal advice on the terms, nature and effect of entering into a Settlement Agreement with the employer. In particular, they need to be advised on their inability to pursue their dispute before an Employment Tribunal or Court
• The independent legal advisor must complete and sign the Advisors Certificate to verify they meet the statutory requirements in their capacity as Legal Advisor. Only a qualified solicitor with a current practising certificate who is covered under professional indemnity insurance may advise under the terms of a Settlement Agreement.
• The Settlement Agreement must expressly set out the statutory provisions which are relevant to the dispute, including the statutes which relate to the dispute in hand.
If you have received a Settlement Agreement and you would like advice on the terms contained, or if you are an employer who would like an agreement drafted, please contact our employment team on 01827 317070 or employment@pickerings-solicitors.com
For more information go to the relevant page on Settlement Agreements:
The contents of this article are intended for general information purposes only and shall not be deemed to be or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
