When providing our standard service, we assess the terms of your employment contract and other employment documents, enquire into your employment history and explain your legal position to you.
Your employment documents
There will be key terms in your employment documents that will be relevant to the terms of your Settlement Agreement. These should be identified and considered to see how the Settlement Agreement deals with them.
They will include:
- Your length of service (including any past service rights).
- Your notice entitlement.
- Your salary and other entitlements to remuneration (bonus, commission, variable pay), including any entitlements arising from underpayment.
- Your entitlement to employment benefits and your pension entitlement.
- Your holiday and sickness entitlements.
- Your entitlement under any share options or other incentive schemes.
- Your employer’s policies and procedures (including disciplinary and grievance procedures).
- Any restrictive covenants or other post termination restraints.
We will examine these terms with you and evaluate the Settlement Agreement in light of them.
Your employment history
There may be key events in your recent employment history relevant to the issue of the Settlement Agreement to you.
These may include:
- A redundancy situation.
- A disciplinary case against you.
- A capability procedure relating the performance of your work.
- Sickness or other absences.
- A grievance relating to your treatment at work.
- A health and safety or whistleblowing issue.
- Whether you have been approached in a ‘protected conversation’.
The facts of these, and many other possible situations, will be of considerable importance in determining how an employee should respond to the Settlement Agreement.
We will advise you on the situation that is relevant to you. For more information, please email info@gssettlementagreements.co.uk or contact the team on 020 8305 3544.