It’s important for us to clarify that your employer is not actually legally required to allow you to be accompanied by anyone to a settlement agreement discussion. Whether you feel you’d like to be supported by a work colleague, a trade union representative, or a solicitor who specialises in settlement agreements, it makes no difference. However, with that said, most employers understand that having someone at the settlement agreement discussion who understands the process often helps to progress the meeting faster.

Protected conversations…

A settlement Agreement discussion can also be referred to as a ‘protected conversation’. These kinds of conversations have a particular standing in employment law and it’s important you understand the implications of a ‘protected conversation’ (read here for more information). So if you receive advance notice of a protected conversation, there is no reason why you can’t ask whether it’s alright for you to bring someone with you.

Reasonable time to consider…

Don’t be thrown if your employer refuses your request to be accompanied to a settlement agreement discussion. You are not under any obligation whatsoever to agree to anything immediately. And you are not obliged in any way to accept a Settlement Agreement, full stop. You are entitled to be given reasonable time (usually a minimum of 10 days) to consider what’s being proposed. And it’s a legal requirement that you obtain independent legal advice from an adviser experienced in dealing with Settlement Agreements.

It’s worth noting that if your employer doesn’t allow you reasonable time to consider what they are proposing, this could be deemed ‘improper behaviour’ on their part. This is significant because normally any protected conversations relating to a Settlement Agreement, and even the fact that a Settlement Agreement has been offered to you, cannot be used as evidence in a claim for ordinary unfair dismissal. However, where an employer’s behaviour is deemed improper this rule does not apply.

The key is to make sure you speak to an employment law specialist who regularly deals with Settlement Agreements before you attend any discussions. This will help to ensure you fully understand what is and isn’t acceptable, and what you need to do.