Choosing the Right Settlement Agreement Solicitor

A settlement agreement is often used to bring an employment relationship, workplace issue or potential dispute to an agreed end.

In return for certain payments or terms, you are normally asked to waive the right to bring specific employment claims against your employer.

For many settlement agreements to be legally binding, the employee must receive independent legal advice from an appropriate adviser.

This is one of the reasons employers often contribute towards the cost of settlement agreement legal advice.

But the legal requirement is only one part of the picture.

The advice should help you understand:

• What rights and claims you are giving up
• What payments you are receiving
• What obligations may continue after you leave
• What signing the agreement means for your next step

Good settlement agreement advice should leave you with a clearer understanding of the agreement, not simply confirmation that the legal advice requirement has been met or that the adviser certificate can be signed.

A settlement agreement solicitor should explain the legal and practical effect of the agreement before you sign.

This means looking beyond the fact that the document can be signed and helping you understand what the terms mean for you.

This may include explaining the payments, the claims being waived, any continuing obligations, the legal fee contribution and whether any wording should be clarified.

For an employee, the value of a solicitor is not just the adviser certificate.

It is having clear advice on what the agreement means, what you may be giving up and whether there is anything you should consider before making a decision.

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Some settlement agreements look straightforward at first glance. The payment may seem acceptable, the leaving date may be agreed, and the employer may say the wording is standard.

Even so, important details may still need to be checked. A specialist settlement agreement solicitor may look at whether:

• Notice pay has been clearly separated from compensation
• Holiday pay, bonus or commission has been included where relevant
• The tax treatment of payments is properly understood
• Payment dates and the legal fee contribution are clear
• Agreed references have been properly recorded
• Confidentiality clauses or non-disparagement clauses are wider than expected
• Restrictive covenants or post-termination restrictions could affect your next role
• The claims waiver is clear and properly understood
• The offer reflects your role, circumstances and any relevant employment claims

These points matter because a settlement agreement may affect you after your employment has ended. It may influence your rights, what you can say, where you can work, who you can contact, and how easily you can move into a new role.

The value of employment-focused settlement agreement advice is that it can help identify whether these issues are relevant to you before the agreement becomes binding.



If the agreement is suitable, you may be able to sign with confidence. If something needs clarifying or negotiating, you can understand what to raise and why.

Understand how settlement agreement payments work, what you may be owed, which terms could be negotiable and how tax can affect the final amount.

When choosing a settlement agreement solicitor, it is worth asking whether they regularly advise employees on settlement agreements and employment law issues.

Before instructing a solicitor, you may want to ask:

• Do you regularly advise employees on settlement agreements?
• Are you an employment law solicitor or employment solicitor with experience in this area?
• Will you explain the agreement in plain English?
• Will you check the payment structure, waivers and restrictions?
• Will you advise whether anything should be clarified or negotiated?
• Will you act for me, even if my employer pays or contributes to the legal fees?
• How quickly can you advise on the agreement?
• Are your fees transparent before I proceed?

Your solicitor should also act for you, not your employer.

Even if your employer is contributing towards the legal advice costs, your solicitor should be independent and focused on helping you understand your own position before you decide whether to sign.



If your employer recommends a solicitor, you can still consider whether that adviser is the right fit for you and whether you would prefer to choose a settlement agreement solicitor independently.

The table below shows how basic sign-off may differ from employment-focused settlement agreement advice.

Ellis Hass & Co advise employees on settlement agreements across a wide range of workplace situations, including redundancy, exits by agreement, grievances, disputes, performance concerns and senior employee departures.

This may include straightforward agreements, senior employee exits, discrimination issues, redundancy settlement agreements or more complex workplace circumstances.

With more than 30 years’ experience, Ellis Hass understands that many employees want clear advice without unnecessary conflict.

They want a careful review of the agreement, plain-English advice on what it means, and practical guidance on whether they can sign or whether any points should be clarified first.

Where Ellis Hass advises you on a settlement agreement, we act for you.

Our role is to explain the agreement clearly and help you understand:

• Whether the payment structure is clear and complete
• What rights and employment claims you are being asked to waive
• Whether notice pay, holiday pay, bonus, commission or benefits need checking
• Whether confidentiality, reference or restriction clauses may affect you later
• Whether the employer’s contribution to legal advice costs appears sufficient for the advice required
• Whether any points should be clarified or negotiated before you sign

The aim is to give you practical, independent advice so you can make an informed decision before signing.

If you have been offered a settlement agreement and are unsure who should advise you, an Introduction Call with Ellis Hass can help you explain your situation and discuss what kind of advice may be needed.

During the call, you can talk through what you have received, any deadlines you have been given, and whether the agreement may need employment law experience before you decide who should advise you.

You can expect to discuss:

• What your settlement agreement appears to involve
• Whether the payment, rights, restrictions or employment law issues may need closer review
• Whether there are any deadlines, practical concerns or documents Ellis Hass would need to consider
• What the next steps could look like if Ellis Hass is able to assist



Choosing the right solicitor does not need to make the process more difficult. The aim of the initial call is to understand your position, identify what may need checking and help you decide whether to take the next step towards getting advice.