• Replies 8 replies
  • Subscribers 3 subscribers
  • Views 4357 views
  • Users 0 members are here
Options
Related

Employee refusing legal advice on Settlement Agreement

Rachel McDonal

Hi All,

I am currently negotiating a settlement with an employee. The employee is happy to sign, however refuses to get any legal advice.

I have never been in this situation, and was wondering if anyone could give some advice on what to do next, and the legality of the agreement if signed without having received legal advice?

Thanks in advance to anyone who can help.

Parents

  • As others have rightly said, for a settlement agreement to have full legal value, the employee must have received independent legal advice .Many employers will make a contribution to the cost of this legal advice or even pay for it in full so as to ensure that a legally binding signature is obtained.

    A friendly explanation of the legal necessity should help to address the problem with the additional comment that the conditions offered under the SA will not be available if the legal advice is not taken. Why the refusal in the first place?

  • in reply to Ray
    It is not unusual for people to object/refuse but just requires firm and friendly explanation, to make it valid and protect both parties
Reply Children
No Data