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

How do I negotiate my settlement agreement with my employer? Negotiating settlement agreements (also 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...

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Settlement Agreements & Compromise Agreements – How Much?

"How much should I get in my settlement 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 dispute. These are unfortunate circumstances, but...

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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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Settlement Offers: Who Should Make the First Move?

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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Negotiating Better Redundancy Pay

How do you negotiate a higher redundancy payout? 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...

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Survival Tips for Negotiating Whilst Still Employed

What to do if your employer is making your life difficult 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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Ex Gratia Payments

What is an ex gratia payment and how can I get one? Ex gratia payments are also known as ‘golden handshakes’ or ‘golden boots’.  In essence they refer to a sum of money paid when there is no obligation or liability to pay it. For example, a lump sum payment over and above the pension benefits...

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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'. A TUPE transfer could be, for example, a purchase of one company by another company. TUPE is designed to protect employees against the buyer...

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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. Bullying and harassment at work is becoming increasingly prevalent. According to a recent study 75% of participants saying they had been the victim of, or had seen others being subject to, bullying or harassment at work. It impacts on...

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Are Employers Entitled to Investigate Your ‘Private’ Correspondence?

Can my employer check my 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 go...

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Payments in Lieu of Notice & Settlement Agreements

A settlement agreement with 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 they want today...

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How to Keep Records (And Win Your Case)

An Employment Tribunal can only make decisions on the evidence that is put before it – make sure your records are up to scratch.

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Without Prejudice Settlement Agreements and Letters

What does the the phase 'Without Prejudice' mean on a settlement agreement or letter from my employer? 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...

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Without Prejudice Meetings

Why has my employer asked for a Without Prejudice meeting? 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 your employer)...

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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 firstly important to find out if your redundancy is fair.

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6 Common Scenarios for Constructive Dismissal

We explain the six top reasons that an employee might be leaving their employment and looking to negotiate a settlement agreement.

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Grievance Procedure

Understanding the grievance process is crucial if you wish successfully to 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.

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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

Restrictive covenants are a common feature in contracts of employment, settlement agreements, and to a lesser extent consultancy contracts. They operate to restrict you from doing certain things after the termination of your employment. They may also be referred to as non-compete, non-solicitation, non-poaching and confidentiality agreements or clauses. Restrictive covenants often...

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Subject Access Requests

A “subject access request” can be an effective way of encouraging your employer to offer a generous settlement agreement.

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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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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 or 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 almost unlimited different ways for employers to...

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Taking Confidential Documents

Can you copy an employer's confidential documents? The case of Brandeaux vs Chadwick (2010) 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...

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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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Dismissed and Reinstated on Appeal

Can I still get a settlement agreement? The problem with this scenario is that, because your dismissal has ‘vanished’, your bargaining position 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 you...

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