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Settlement agreement

Star

Is it true that if you sign a employment settlement agreement and not had it inspected first by a legal expect first this makes the agreement invalid as it is a basic requirement by law that an employee needs to get it inspected .

i think some employers take avantage of a employee s nativity having ASD

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  • I'm not a lawyer so can not advise you well on this. I can say I have signed a settelment agreement (not in employment, a tomlin order) and my reserch sugests it's almost imposible to have courts set them aside unless one party has acted fraudulently.

  • in reply to Peter

    The 1996 employment act states they are not valid is the employee did not have legal advice before signing  as bunny says in acas post and overwhelmed in acas note 

  • in reply to Star

    ACAS seems to agree with you. I found this on their webite

    "What are the legal requirements involved in drawing up a settlement agreement?
    For a settlement agreement to be valid in waiving an individual’s right to bring a complaint or complaints before an employment tribunal or other court, all of the following conditions must be met:
    A. The agreement must be in writing
    B. The agreement must relate to a particular complaint or proceedings
    C. The employee must have received advice from a relevant independent adviser on the terms and effect of the proposed agreement and its effect on the employee’s ability to pursue that complaint or proceedings before an employment tribunal or other court
    D. The independent adviser must have a current contract of insurance or professional indemnity insurance covering the risk of a claim by the employee in respect of loss arising from that advice
    E. The agreement must identify the adviser
    F. The agreement must state that the statutory provisions which set out the above conditions regulating the validity of the settlement agreement have been satisfied."

    https://www.acas.org.uk/sites/default/files/2021-03/settlement-agreements.pdf

    Of course tomlin orders are a difrent sort of setelment agreemenent.

  • in reply to Peter

    Yes I already have my acas certificate. My solicitor said that a settlement agreement means you can’t go to a tribunal . I said it not valid because he just me to sign it with out tell8n* me I need to get legal advice . May be taking advantage of m6 good nature

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  • in reply to Peter

    Yes I already have my acas certificate. My solicitor said that a settlement agreement means you can’t go to a tribunal . I said it not valid because he just me to sign it with out tell8n* me I need to get legal advice . May be taking advantage of m6 good nature

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