Negotiation Information for Settlement Agreements – Monaco Solicitors

Negotiations

Learn how to negotiate a settlement agreement (aka compromise agreement), by browsing our advice articles and template letter examples. These free resources will help you to negotiate your compromise agreement deal. Of course if you want the professionals to negotiate for you then you’ve come to the right place too.

Negotiating a Settlement Agreement

Negotiating settlement agreements (previously known as compromise agreements) can be a daunting prospect, and in this article we take an in-depth look at how you, the employee, should go about it. Don’t be misled by the humour we have injected into our negotiating guide below. This is a deadly serious...

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Is my redundancy fair? Correct redundancy procedure explained

If you find yourself in a redundancy dispute with your employer it is important to be armed with the information that you need to know whether or not the redundancy is fair. If the redundancy is not fair then it could amount to an unfair dismissal in breach of the...

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Are You Being Bullied or Harassed in the Workplace?

What is bullying and harassment? Bullying and harassment in the workplace is worryingly common. According to a recent study, bullying and harassment in the workplace is increasingly prevalent with 75% of participants saying they had been the victim of or had seen others being subject to bullying and harassment at work. It...

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Are Employers Entitled to Investigate Your ‘Private’ Correspondence?

Can your employer check your emails? Yes, if they are sent from your work email and impact on work related matters. In the case of Garamukanwa v Solent NHS case the Claimant was a manager for the NHS trust. He developed a relationship with a staff nurse. However, things started to...

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Settlement Agreements & Compromise Agreements – How Much?

"How much should I get in my settlement agreement?" (also known as a compromise agreement) is probably the question which we get asked the most. If you’re reading this you’re probably thinking about leaving your job and negotiating a settlement agreement package, either due to a redundancy situation or a...

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Disability at Work: Developments in Disability Discrimination Law

The law requires employers to make reasonable adjustments to accommodate their employees who have a disability. It has long been established that an employer’s obligation to make reasonable adjustments includes making reasonable adjustments to job roles and descriptions. Are you disabled? For example if a disabled employee is unable to perform certain...

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Whistleblowing Settlement Agreements

Whistleblowing settlement agreements are fairly common ways to conclude what can be a difficult chapter in an employee's career. As you will see below, the paths of a whistleblower can be fraught with difficulty. It is a noble effort to blow the whistle, and there is nothing wrong with getting...

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Unfair Dismissal Settlement Agreements

Unfair dismissal settlement agreements are fairly commonplace, and in order to understand whether you deserve a settlement agreement in your case, it is necessary to understand more about unfair dismissal itself. This article is a guide to unfair dismissal, setting out the basics for you, the employee who has actually...

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How to Keep Records (And Win Your Case)

Often in Employment Tribunal claims, most of the evidence is in the hands of the employer and that gives them more power. The Tribunal can only make decisions on the evidence that is put before it and that means what is contained in documents presented, and what is given by...

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Without Prejudice Settlement Agreements and Letters

If you have a document marked ‘without prejudice settlement agreement’ then you are probably an employee wishing to resolve your workplace dispute or negotiation in the context of UK employment law. Without prejudice settlement agreements are marked as such for important reasons which we will explain below. Maybe you wish to...

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Without Prejudice Meetings

Without prejudice meetings in employment situations are held to discuss how much money your employer is willing to offer you as part of your exit package. 'Without prejudice' essentially means 'off the record' and is not something which you (or they) can later rely on in an employment tribunal. It gives...

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Negotiating Better Redundancy Pay

Negotiating better redundancy pay for your settlement agreement is often the first thing on your mind when made redundant. This is especially the case when you feel singled out unfairly for redundancy and therefore the standard severance package does not seem like a fair outcome. One thing to analyse is...

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Is My Redundancy Fair? Correct Redundancy Procedure Explained

Have you experienced a situation at work that is leaving you thinking "Is my redundancy fair?" If you find yourself in a redundancy dispute with your employer it is important to be armed with the information that you need to know whether or not the redundancy is fair. If the redundancy...

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Redundancy Law and Advice

Your redundancy settlement agreement may show you that there's often a big difference between the statutory redundancy payment and the actual payment received. Fortunately the latter amount is often much higher. This is due to discrepancies in the redundancy process whereby managers often get rid of people as personal agenda....

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Survival Tips for Negotiating Whilst Employed

What to do if your employer is making your life hell Keep a written record of everything said verbally / in meetings Try to keep everything to emails Raise it informally Raise it as a formal Grievance Take time off sick if you feel stressed Hope that they offer you...

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Maternity and Pregnancy Discrimination Settlement Agreements

How to Negotiate a Settlement Agreement for Maternity & Pregnancy Discrimination A shocking report published by the Equality and Human Rights Commission earlier this year found that 77% of mums felt that they had been discriminated against at work, but only 28% raised this with a manager, only 3% submitted a grievance...

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Settlement Offers: Who Will Crack First?

In this article, we consider whether you should make the first compromise agreement or settlement agreement offer and why.  To just get a quick idea of the value of your claim, try the Settlement Agreements Calculator. As with resigning, every case is different and so there are no hard and fast rules....

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Grievance Procedure

Understanding the grievance process is crucial if you wish to successfully raise a grievance with your employer. Once you have tried raising a matter verbally or informally in writing, and there is still no resolution, then it is time to consider instigating a formal written grievance process. Taking this serious...

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Attending a Grievance Meeting: Dos and Don’ts

A grievance meeting is an important step in trying to resolve the issues that you have with your employer. It is also very often the trigger for settlement negotiations. Therefore, it is useful to understand what might happen at the meeting and what you should and should not do! When does...

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How to Write a Grievance Letter

How to write a grievance letter to your employer is an important skill. Not only for getting things off your chest, but also for giving you the maximum chance of entering into a settlement agreement whereby you receive a tax free lump sum payment to tide you over until you...

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Restrictive Covenants, Settlement Agreements & Injunctions

What is a restrictive covenant? Restrictive covenants, injunctions & settlement agreements are explained in this article. Restrictive covenants are a common feature in contracts of employment and to a lesser extent consultancy contracts, and these operate to restrict you from doing certain things after the termination of your employment. As a result,...

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Settlement Agreements & Payments in Lieu of Notice

A settlement agreement payment in lieu of notice means that your employer pays your salary, and perhaps also benefits, for your notice period. You do not have to work during that time. For example, if an employee has a three month notice period, the employer might decide that today will be the...

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What is a Subject Access Request? – Negotiating Settlement Agreements

You may have heard about your right to make a “subject access request” and that this can be an effective way of encouraging your employer to enter into a settlement agreement with you. But what is a subject access request, and how best should you make use of this right? What...

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Ex Gratia Payments

Ex gratia payments in settlement agreements (formerly called compromise agreements) are great things if you can get them, because they are a pretty unique tax break only really available to employees who are leaving work after a dispute or redundancy situation. Top 3 TIPS Your first £30,000 should be tax free; ...

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Settlement Agreements for Harassment & Bullying

Everyone has experienced bullying and harassment of some kind at work, and people who are suffering from stress often don’t know where to turn. Ideally you want a lawyer to guide you through the process of leaving your job, with a decent settlement agreement pay-off (formerly known as compromise agreements),...

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T.U.P.E. – Transfer of Undertakings (Protection of Employment)

Can I be made redundant if my employer changes hands? TUPE is the acronym for an obscure law called 'Transfer of Undertakings (Protection of Employment) Regulations 2006' (don't worry if you haven't heard about it - its not exactly dinner table conversation material). A TUPE transfer could be, for example, a...

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Monitoring Communications

As you may be aware you employer may attempt to monitor your electronic communications if they believe that you are attempting to set up business in competition with them or perhaps act in a way contrary to any restrictive covenants. In general corporate espionage is more common than you may...

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Discrimination Settlement Agreements

Discrimination settlement agreements (formerly known as compromise agreements) are agreed out-of-court a lot more often than discrimination employment tribunals are won in court. Unfortunately discrimination at work is still rife in Britain – even if it is out of sight, it is certainly not out of mind – but discrimination...

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Wrongful Dismissal & Gross Misconduct

Wrongful dismissal is a misleading phrase, not to be confused with unfair dismissal. Wrongful dismissal actually means that you were dismissed and then you weren't paid your notice period. For example, let's say that your contract of employment stipulates that your employer has to give a month's notice to terminate...

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Changes to Your Contract of Employment

Frequently employers will attempt to alter your contract of employment without offering you a fair pay-rise other benefits in return. This could include, for example: increasing hours; decreasing pay; increasing targets; changing commission structure; and taking powers out of your hands. There are an almost unlimited different varieties of ways for...

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Taking Confidential Documents

Can you copy an employer's confidential documents? The case of Brandeaux looks at when an employee can take confidential documents from an employer and use them in an employment tribunal case. In this case Ms Chadwick, the employee, had forwarded a vast volume of confidential material to her personal email account....

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How Do I Get a Settlement Agreement?

If you're reading this you've obviously heard about settlement agreements, but haven't been offered one yet. Panic not. The first rule to obtaining settlement agreements is to not sound too desperate when you approach your employer for one. This kind of reverse psychology makes them sweat a little and should...

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Settlement Agreements & Without Prejudice

As you may know from reading our article on the meaning of ‘Without Prejudice’, settlement agreements tend to be marked ‘without prejudice’ and therefore are, at least nominally, inadmissible as evidence in tribunal. That is to say you can’t normally refer to them in your tribunal claim at all, even...

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Is My Settlement Agreement a Good Deal?

Each settlement agreement is different and it s not just about how much money you get, it's also about how you feel about your employers and how comfortable you are sitting it out and playing the game. For example, a quick three months wages, plus all notice pay, outstanding bonus...

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Dismissed and Reinstated on Appeal

Can I still get a settlement agreement? The problem with this scenario is that your bargaining position, because your dismissal has ‘vanished’, it has all but gone. However, depending on the circumstances surrounding the original dismissal it may be worth entering into ‘without prejudice’ negotiations with your employer to see if...

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