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Settlement Agreement

To ensure that a settlement agreement is legally binding it needs to comply with the provisions of the Employment Rights Act 1996. Ensuring you get the correct advice regarding your rights and what the settlement contains is vitally important. To comply with the requirements of the Act a relevant independent advisor must be consulted and they must provide confirmation that they have advised an employee about the terms and effect of the agreement and, more importantly, in regards to the ability to pursue any further claims should the employee wish to do so.

The Employment Tribunal case of Hanachi v Peabody Group in January 2020 highlighted the importance of receiving such advice from a relevant advisor. Mr Hanachi was given inadequate advice regarding his settlement agreement, which the Tribunal recognised, as the agreement precluded the ability to pursue his claim under the Equality Act 2010 which was already underway in the Tribunal. If you have a query regarding a settlement agreement and to make sure that you get the right advice please call our Litigation Department on 01273 582271

Posted in: Employment Law

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