Employment Law
Settlement Agreement Barristers
Independent legal advice on your settlement agreement, and help negotiating better terms, from a specialist employment Barrister.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
A settlement agreement is a legally binding contract in which you agree not to bring certain employment claims against your employer, usually in return for a payment and other agreed terms. Most statutory employment rights cannot be signed away by a private agreement, so the law sets strict conditions. Under section 203 of the Employment Rights Act 1996, and the equivalent provisions in section 147 of the Equality Act 2010 for discrimination claims, the agreement must be in writing, must relate to particular complaints or proceedings, and you must have received advice from a relevant independent adviser on its terms and effect, in particular its effect on your ability to pursue your rights before an Employment Tribunal.
A qualified lawyer, which includes a Barrister, can be your relevant independent adviser, provided they are covered by professional indemnity insurance for the advice. The agreement must name the adviser and state that the statutory conditions have been met. Your Barrister will usually sign an adviser's certificate confirming that the advice has been given. If these conditions are not satisfied, the waiver of your statutory claims may not be binding.
Settlement discussions often take place on a "without prejudice" basis, which generally prevents what is said being used as evidence if there is already a dispute between you. Separately, section 111A of the Employment Rights Act 1996 allows "protected conversations" about ending employment even where no dispute exists yet. That protection is narrower: it applies only to ordinary unfair dismissal claims, not to discrimination or automatically unfair dismissal claims, and it can be lost where there has been improper behaviour. The ACAS Code of Practice on settlement agreements gives guidance, including that you should be given a reasonable period to consider the offer.
Employers often make a contribution towards the cost of your independent legal advice, and the amount is set out in the agreement. A Barrister instructed directly can review the draft, explain what you are giving up, assess the value of any potential claims and, where appropriate, help you negotiate better terms, while you remain in control of the discussions with your employer.
What Settlement Agreement Barristers Do
Independent Advice
Your Barrister can:
- Act as your relevant independent adviser
- Explain the terms and their legal effect
- Sign the adviser's certificate where appropriate
- Advise on which claims you are waiving
- Explain confidentiality and non-disparagement clauses
- Advise on post-termination restrictions
Valuing Your Position
Specialist guidance on:
- Strength of any unfair dismissal claim
- Potential discrimination or whistleblowing claims
- Notice pay, holiday pay and bonus entitlements
- How tax may apply to different payments
- Whether the offer reflects your likely losses
- Risks of rejecting the offer
Negotiation and Drafting
Your Barrister can draft:
- Counter-proposals to your employer
- Without prejudice correspondence for you to send
- Amendments to the draft agreement
- An agreed reference
- Agreed announcement wording
- Grievance or claim documents if talks fail
Your Barrister prepares the documents and advises on strategy. You send correspondence to your employer and sign the agreement yourself.
What You Handle
With Direct Access:
- Providing your contract, payslips and the draft agreement
- Telling your Barrister about any potential claims
- Corresponding with your employer or HR
- Signing and returning the final agreement
- Returning company property as agreed
- Keeping a record of your own deadlines
How Direct Access Works
- 1
Send Us the Draft
Share the draft agreement, your contract and any relevant correspondence. Tell us about any deadline your employer has given you.
- 2
Review
Your Barrister reviews the terms, checks that the statutory conditions are met and identifies any clauses that need clarifying or changing.
- 3
Advice Meeting
You meet your Barrister by video or phone. They explain the terms, the claims you would be giving up and how the offer compares with your legal position.
- 4
Negotiation
If you want to push for better terms, your Barrister drafts proposals for you to put to your employer and advises you on their response.
- 5
Final Agreement
Once the terms are agreed, your Barrister checks the final version and, if satisfied the advice has been given, signs the adviser's certificate.
- 6
Completion
You sign the agreement and return it to your employer. Payment is then made in line with the timescales set out in the agreement.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Can a Barrister be my independent adviser for a settlement agreement?
Yes. A qualified lawyer, including a Barrister, can be a relevant independent adviser under section 203 of the Employment Rights Act 1996 and section 147 of the Equality Act 2010, as long as they have professional indemnity insurance covering the advice. Through Direct Access you can instruct a Barrister for this without going through a Solicitor.
Will my employer pay for the advice?
Employers often agree to contribute towards the cost of independent legal advice, and the contribution is normally written into the agreement. The amount varies from employer to employer. If the contribution does not cover the work needed, for example where there is significant negotiation, your Barrister will agree any additional fee with you before starting.
What is a protected conversation?
Section 111A of the Employment Rights Act 1996 allows an employer and employee to discuss ending the employment on agreed terms without that discussion being used as evidence in an ordinary unfair dismissal claim. It does not protect the conversation in a discrimination or whistleblowing claim, and the protection can be lost if the employer behaves improperly, for example by applying undue pressure.
What is the difference between without prejudice and a protected conversation?
Without prejudice protection comes from the common law and normally requires an existing dispute and a genuine attempt to settle it. Protected conversations are a statutory rule that can apply even where there is no dispute yet, but only in relation to ordinary unfair dismissal claims. Which protection applies affects what can later be shown to a tribunal.
Can I negotiate the terms?
Usually, yes. A first offer is often a starting point. Your Barrister can assess what claims you might have and their likely value, and help you decide whether to ask for a higher payment, a better reference, changes to restrictive covenants or other terms. Negotiation carries the risk that the offer is withdrawn, which your Barrister will discuss with you.
Is a settlement payment tax-free?
It depends on what the payment is for. Contractual payments, notice pay and holiday pay are normally taxed in the usual way, while a genuine compensation payment for loss of employment may benefit from a tax exemption up to a statutory limit. Your Barrister can explain how the agreement treats each element, but you may also want specialist tax advice for larger or unusual payments.
How long do I have to consider the agreement?
The ACAS Code of Practice says you should be given a reasonable period to consider the proposed agreement, and its accompanying guidance suggests at least 10 calendar days unless the parties agree otherwise. If you are being rushed, tell your Barrister so they can advise on how to respond.
Been Offered a Settlement Agreement?
Get independent advice from a specialist employment Barrister before you sign.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.