The first thing to realise is that whether or not you think the offer being made by your employer in a Settlement Agreement is fair or not, you still have to take advice. What you might think is fair, may not actually be fair. But in the converse, what you think is not fair may still be acceptable in the eyes of the law. A solicitor trained and experienced in dealing with Settlement Agreements will be able to guide you on this.

However, with respect to the concept of fairness, it actually depends on whether your employer has grounds to dismiss you or not.

If your employer DOES NOT have grounds to dismiss you…

If your employer does not have grounds to dismiss you, then the fairness of the Settlement Agreement in front of you is assessed with regard to its merits and the potential value in bringing a claim of unfair dismissal against them. Your solicitor will be able to advise you of the value in pursuing this route.

The following are factors that may be taken into account in order for you to decide this:

• How likely is it that you can get another job on a similar salary?
• What damages for loss of earnings are likely?

If you have a job already in the pipeline, your losses are far more limited, and thus the offer in your Settlement Agreement may then start to appear more attractive. Of course, the opposite could be true if you have no other employment lined up.

If your employer DOES have grounds to dismiss you…

If your employer does have grounds to dismiss, it might be that what is being offered to you in the settlement agreement is fair. However, there are still additional factors that an experienced solicitor may be able to work in your favour.

How can an experienced Settlement Agreement solicitor help me?

Whether your employer has grounds to dismiss you or not, a solicitor experienced in dealing with Settlement Agreements may still be able to:

• Negotiate additional things for you that cost your employer little but are of benefit to you – eg. a reference.
• Investigate any holiday pay entitlements you have, or bonus, or commission, for example.
• Consider how the sum payable to you can be more tax efficient.
• Negotiate with your employer to get them to contribute more than originally on offer to cover your legal costs.

So, as you can see, it’s critical that you obtain advice from a knowledgeable solicitor who has experience of dealing with Settlement Agreements. You will then be able to ensure you obtain the fairest outcome for your situation.