Settlement Agreements and Protected Conversations
Settlement agreements offer a clean break for employers when it's time to part ways. Protected conversations give you the space to talk about exit terms without the fear of a Tribunal claim for unfair dismissal. When agreed, a compliant settlement agreement waives employment claims in exchange for consideration. We guide you through every stage confidently, lawfully, and with the right protection in place.
Preparing protection conversations
We provide scripts and manager briefings so your oof-the-record dconversations stay within the law. We’ll help you meet the rules under section 111A of the Employment Rights Act and avoid crossing the line into improper behaviour.
Strategy, risk, and timing
We’ll help you time your approach, understand the risks, and plan around any ongoing processes like redundancy, capability, or discipline. You’ll get advice grounded in the ACAS Code and tailored to your situation.
Drafting of clear, enforceable agreements
We write robust agreements that clearly define which claims are waived. We’ll also cover confidentiality, non-disparagement, return of property and any post-employment restrictions you need.
Structuring tax-efficient payments
Making sure termination payments are set up in a way that’s tax-efficient and legally sound is vital. We can structure these for you, including indemnities to protect you from HMRC challenges down the line.
Handling negotiations and commercial advice
Whether you need a quick resolution or a firm stance, we’ve got the experience to help. We can liaise with employee representatives, manage counteroffers, and guide you on realistic settlement outcomes and tactics.
Execution and independent advice
Coordinate the signing process, making sure the employee gets valid legal advice. We also ensure the certificate is properly completed so the agreement holds up.
Questions we’re often asked
It’s a legally binding contract that resolves employment claims, usually in exchange for a financial settlement.
It’s a confidential discussion about ending employment. If done properly, it can’t be used in a normal unfair dismissal claim.
Yes, in many cases. Up to £30,000 of genuine termination pay can be tax-free, but it depends on the circumstances and conditions can apply.
Yes. For the agreement to be valid, the employee must get independent legal advice and a signed certificate.
No. Protected conversations don’t apply to discrimination or automatic unfair dismissal, but without-prejudice rules might.
Usually between one to three weeks, depending on how straightforward the negotiation is.
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