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Episode 3: Where Can I Get Independent Legal Advice About My Settlement Agreement?
- 2024/09/21
- 再生時間： 11 分
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Received a settlement agreement? Email geoffrey@settlementsolicitor.uk or call 07595 884 661 for a free, fast, confidential service.The Settlement Agreement SolicitorEpisode 3. Where can I get independent legal advice about my settlement agreement? Hello and welcome back to the Settlement Agreement Solicitor, the podcast where we break down everything you need to know about settlement agreements and help you navigate the intricacies of employment law with confidence. I am Geoffrey Caesar, and today I am tackling an essential question: where can I get independent legal advice about my settlement agreement? If you're an employee facing a settlement agreement, you might feel a bit unsure about what steps to take. The good news is, by law, your employer is required to ensure that you receive independent legal advice before the agreement becomes binding. But not all advice is created equal, and today I'm going to explain why getting advice from a solicitor who specialises in settlement agreements might just be one of the best decisions you can make. Why independent legal advice is essentialLet's start with the basics. For a settlement agreement to be legally binding, the law requires that you, as the employee, receive independent legal advice about the terms and effect of the agreement. Why is this necessary? Simply put, a settlement agreement often involves you giving up significant employment rights. particularly the right to bring any future claims against your employer. So, ensuring you fully understand what you're signing away is critical. It is not enough to receive advice from just anyone. The law defines exactly who can provide this advice, and you have to choose carefully. While trade union advisers, voluntary sector advisers and even some legal executives are authorised to act in this capacity, I strongly recommend opting for a solicitor who specialises in settlement agreements. Let's explore why. Firstly, let's take a look at who can advise you. Under the law, there are several categories of professionals who can provide independent advice. Let me briefly run through them:1. Qualified lawyers. This includes solicitors or barristers who hold practising certificates and are authorised to conduct litigation or appear in court. They are the most common and generally the most comprehensive source of advice. 2. Trade union advisers. If you're a union member, there may be officers within your union who are certified to provide advice. 3. Voluntary sector advisors. These can include individuals working at advice centres who are certified to provide legal advice so long as you are not paying them for it. 4. Others, such as chartered legal executives. Some legal executives employed by regulated law firms can also provide advice, but their role can be more limited. Now, while these options may sound varied, not all advisors are equal when it comes to expertise. Here's why choosing a solicitor, specifically one who specialises in settlement agreements, can make a world of difference. Why choose a specialist solicitor? First and foremost, settlement agreements are legal documents, and not just any legal document, but one that could affect your ability to bring future claims, secure compensation, and protect your reputation. The terms and conditions of these agreements can be complex, and there's often little room for error. A solicitor who focuses specifically on settlement agreements will have the in-depth knowledge to spot issues that a general advisor might miss. Here's why you should seriously consider going with a solicitor, particularly one with expertise in this field. 1. Expertise in employment law. While a trade union advisor or a voluntary sector worker might be able to explain the basics, a solicitor who specialises in settlement agreements will bring a much deeper understanding of employment law. They will have seen countless agreements, negotiated with all kinds of employers, and know how to identify potential pitfalls or opportunities to improve your outcome. In my experience, specialist solicitors are often able to spot ambiguities or unfavourable clauses in the agreement that others might overlook. Whether it's identifying overly restrictive confidentiality clauses, unfair non-compete provisions, or a need to clarify the settlement sum, you want someone in your corner who's dealt with these exact issues before. 2. Tailored negotiation skills. A settlement agreement is not always set in stone. Yes, the document you receive may look final, but an experienced solicitor can often negotiate a better deal on your behalf. This could include securing a higher financial settlement, extending your notice period, or adding favourable references into the agreement, things that go beyond simply understanding the document. Specialist solicitors know what is reasonable to ask for and can push back against terms that aren't in your best interests. They can understand the nuances of the employer-employee ...