Employment law for employers

Settlement agreements
for employers.

Agreements that close a dispute on clear terms, drafted to meet the legal requirements and negotiated with care.

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  • Highly CommendedLaw Society Excellence Awards 2021
  • 160+Client reviews

Ending things on agreed terms

A settlement agreement, formerly known as a compromise agreement, is a legally binding contract in which an employee agrees to give up claims against your business, usually in return for a payment. It is often used at the end of employment, including on redundancy, but it can also resolve a dispute during employment. Used well, it helps you avoid the cost, time and uncertainty of an employment tribunal.

For the employee’s statutory claims to be validly settled, the agreement must meet conditions set out in the Employment Rights Act 1996 and the Equality Act 2010. Among other things, it must be in writing, relate to the particular complaints being settled, and the employee must have received advice on its terms and effect from a relevant independent adviser. If those conditions are not met, the employee may still be able to bring the claims you thought were closed.

How you reach the agreement matters too. Discussions can take place on a “without prejudice” basis where a genuine dispute already exists, and the Employment Rights Act 1996 also protects pre-termination negotiations in ordinary unfair dismissal claims. Neither protection is unlimited. Threats, undue pressure, discrimination or misleading statements can remove it and expose your business to further risk.

We draft agreements that are clear about what is being settled and on what terms, including payments, notice, confidentiality and references. Where the employee is represented, we negotiate with their adviser. Where ACAS is involved, we can advise on a COT3 agreement instead, which needs the same care over its wording.

What we do for you

  • Agreements drafted to meet the statutory conditions
  • Preparation for without prejudice conversations
  • Negotiation with the employee’s adviser
  • Clear wording on which claims are settled
  • Confidentiality, references and announcements
  • ACAS COT3 agreements where conciliation is under way

How it works

A clear process that keeps you in control of the terms.

  1. Review the position

    We look at the dispute, the employee’s possible claims and the risks to your business. We then advise whether a settlement is the right route.

  2. Plan the approach

    We help you prepare for any without prejudice or pre-termination discussion so it is handled appropriately.

  3. Draft and negotiate

    We prepare the agreement and negotiate its terms with the employee’s independent adviser.

  4. Sign and close

    Once terms are agreed, the agreement is signed and the adviser confirms the advice given. We make sure payments and ongoing obligations are clear.

Attiq Malik

Key contact

Attiq Malik

Director and solicitor-advocate

Attiq is an experienced employment lawyer who has represented employees and businesses in a variety of matters, including those involving the RMT, T&G and CWU. He has a deep understanding of employment law and is skilled in negotiating settlements and representing clients in tribunals. He has acted for businesses ranging from SMEs to multinational companies.

What our clients say

Real feedback from the people we have represented, published on ReviewSolicitors and Google.

Craig Woods
Craig Woods
★★★★★
Contacted liberty law and from start to finish very happy with the whole process very helpful polite and easy to deal with they real do now there stuff
Karen
Karen
★★★★★
I could not recommend this firm enough. They manage to maintain complete professionalism whilst also being personable. Rasheda and Dean clearly explained every step of the process from beginning to end, with Dean taking the time to explain all of legal jargon. I really appreciated this as it made, what started as a daunting experience, so much easier to complete. I am so glad that I took the time to look around and read reviews before choosing any local firm. It really made a difference. Thank you Liberty Law.
Muhammad Khan
Muhammad Khan
★★★★★
Liberty Law took over my case at its hardest point. Dean Garrett was calm, straight-talking and on top of every detail from the first call: he strengthened my case, instructed an outstanding barrister, and his judgement was right at every turn. Rasheda kept everything running smoothly behind the scenes — calls arranged, documents where they needed to be, nothing ever too much trouble. My case concluded on day two of the final hearing, with an outcome I was very pleased with. They believed in my case when it mattered, and they delivered. Highly recommended.
Chapo
Chapo
★★★★★
I had an excellent experience. They were professional, knowledgeable, and always kept me informed throughout the process. They took the time to answer my questions, provided clear advice, and worked hard to achieve a great outcome. I highly recommend their services to anyone looking for reliable and dedicated legal representation. If you are looking for professionalism and results you have come to the right place!!
Tinksy 37
Tinksy 37
★★★★★
Cannot thank the guys enough my solicitor went absolutely above and beyond
Abdul Basit
Abdul Basit
★★★★★
I contacted Liberty Law Solicitors regarding one of my legal cases. Throughout the past year, Mr. Faris Nazar handled my case with exceptional dedication, honesty, sincerity, and professionalism. Thanks to his hard work and expertise, I was ultimately successful in my case. I can confidently say that this firm is highly professional and genuinely committed to serving its clients. They have earned my trust, and I would highly recommend their services.👏
Mohammed
Mohammed
★★★★★
Where do I even start from the start to the very end they delivered I can’t thank the team and Itsam Malik enough for the results we was looking at 16-20 years and they got it down to 3 years which turned into 10 months the whole team and Itsam malik are great people!
M. T
M. T
★★★★★
I cannot thank Liberty Law Solicitors enough for the support and representation I received during a very difficult and stressful time. My solicitor Dean Garrett was honest, clear, and professional from the outset, explaining my situation and the possible outcomes without giving false reassurance. I really appreciated that level of transparency. The preparation for the hearing was thorough and made a real difference. I felt well guided throughout the process and was able to stay calm and focused because of the support I received. I am very grateful for the work carried out on my case and would highly recommend Liberty Law Solicitors to anyone in need of strong, honest, and professional legal representation.
Kamal Hussain
Kamal Hussain
★★★★★
I recently sought advice and support from Atiq at Liberty Law Solicitors regarding an employment matter. I’m genuinely grateful for the way Atiq handled everything. He made the whole process feel manageable, took the time to explain things clearly, and provided steady reassurance throughout. Knowing I had someone knowledgeable and dependable guiding me made a big difference. It’s incredibly reassuring to have Atiq and the team at Liberty Law in your corner. I can’t recommend them highly enough.
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Questions people ask

General information, not advice on your case. For that, speak to us — the first conversation costs nothing.

Does the employee need legal advice?

Yes. A settlement agreement only validly settles statutory employment claims if the employee has received advice on its terms and effect from a relevant independent adviser. Employers commonly contribute to the cost of that advice, and the amount is usually set out in the agreement.

Can we offer a settlement agreement to someone who is still employed?

Yes. Settlement agreements are most often used at the end of employment, but they can also resolve a specific dispute while the employee stays in post. The approach needs care, so it is worth taking advice before you raise it.

Is everything said in a settlement discussion confidential?

Not automatically. Without prejudice protection generally requires a genuine existing dispute, and the statutory protection for pre-termination negotiations applies only to ordinary unfair dismissal claims. Improper behaviour, such as threats or undue pressure, can remove the protection.

What is the difference between a settlement agreement and a COT3?

A COT3 is a binding agreement reached through ACAS conciliation. Unlike a settlement agreement, there is no statutory requirement for the employee to take independent legal advice before it becomes binding. The scope of what is settled depends on the wording, so it needs careful drafting.

Nothing on this page is legal advice, and no solicitor–client relationship is created by reading it. Every case turns on its own facts.

Tell us what has happened.

The first conversation costs nothing and commits you to nothing. Two offices, one emergency line, and a solicitor at the end of it.

Luton office

01582 853 783
43 Windmill Road
Luton LU1 3XL

9am to 5.30pm, Monday to Friday

London office

0208 528 1019
107–111 Fleet Street
London EC4A 2AB

9am to 5.30pm, Monday to Friday

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