If you have just been handed a settlement agreement by your employer, you are not alone — and you are likely going to have a number of immediate questions. This article explains what a settlement agreement is, why employers use them, and — crucially — whether you are under any obligation to sign one.
Key takeaways
What you need to know
- A settlement agreement is a legally binding contract between you and your employer, usually involving a financial payment in exchange for waiving certain employment claims.
- Signing is always voluntary — your employer cannot force you to sign.
- You must receive independent advice before signing. Without it, the agreement is not binding.
- In most cases, advice is free to employees — your employer covers the legal fee.
- If you choose not to sign, your employer may pursue an alternative course of action, but you retain your right to bring any claims you may have.
What is a settlement agreement?
A settlement agreement (previously called a compromise agreement) is a legally binding contract between you and your employer. In most cases, it sets out the terms on which your employment ends, and in exchange for a financial payment, you agree not to bring certain legal claims against your employer — such as unfair dismissal or discrimination — in an employment tribunal.
Settlement agreements can also be used where employment continues but the parties wish to resolve an existing dispute or vary the terms of employment.
The agreement will typically cover:
- The financial payment being made to you
- The list of legal claims you are agreeing not to pursue
- Your notice period and termination date
- Any agreed reference wording
- Confidentiality obligations
- Any post-termination restrictions
"It is a practical way of bringing an employment relationship to an end with certainty — and, in most cases, with a financial payment to the employee."
Why do employers offer settlement agreements?
Employers use settlement agreements for a number of reasons. The most common are:
| Reason | What it means |
|---|---|
| To avoid a formal process | A settlement agreement allows an employer to bring an employment relationship to an end cleanly, without going through a potentially lengthy redundancy, performance management or disciplinary process. |
| To achieve certainty | Once signed, a valid settlement agreement prevents you from bringing the specified claims. For employers, this provides finality and avoids the cost and uncertainty of legal proceedings. |
| To resolve a dispute | Where there is an existing workplace dispute, a settlement agreement allows both parties to draw a line under it without the need for litigation. |
Receiving a settlement agreement does not necessarily mean you have done anything wrong. In many cases, it simply reflects a business decision by your employer.
Do I have to sign a settlement agreement?
No — signing is always voluntary. You cannot be forced to sign a settlement agreement, and you should never feel pressured to do so without fully understanding the terms.
That said, it is important to understand what happens if you choose not to sign. If you decline, your employer is not obliged to keep the offer open. They may instead proceed with whatever process they had in mind — whether that is a formal redundancy, a performance management process, or a disciplinary procedure. The settlement agreement is often presented as an alternative to that process.
Declining a settlement agreement does not prevent your employer from taking further action, but it does preserve your right to bring any claims you may have — including an unfair dismissal claim, if applicable.
Important
Once you have signed a valid settlement agreement, it is legally binding and very difficult to set aside. Taking proper independent legal advice before signing — not after — is essential.
Why do I need independent legal advice?
Before a settlement agreement can validly waive your statutory employment rights, you must receive independent advice from a relevant independent adviser. This is a legal requirement — not simply good practice.
Your adviser should explain the terms of the agreement to you in plain English, tell you what you are agreeing to, what claims you are giving up, and whether the terms are reasonable in your circumstances. Once they have done so, they should sign an adviser's certificate confirming they have advised you. This certificate is returned to your employer alongside the signed agreement to complete the process.
In most cases, the cost of this advice is covered by your employer. It is standard practice for employers to include a contribution to the employee's legal fees within the settlement agreement itself — meaning that in the vast majority of cases, you pay nothing.
Ready to get advice? Get in touch today — advice is provided within 24 hours of onboarding and is free to employees.
Ready to get started?
Get clear, expert advice within 24 hours
Contact us today to get advice on your settlement agreement. The service is fully remote, available anywhere in England and Wales, and free to employees (your employer covers our fees).
Get in touch →This article provides a high-level overview for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for specific legal advice tailored to your individual circumstances.
Should you choose to formally instruct us, legal services will be provided by Nexa Law Limited. Employment Settlement Solicitor is a trading name of RJB Legal Services Ltd, a limited company registered in England and Wales with number 17353836. RJB Legal Services Ltd does not provide legal advice. RJB Legal Services is a consultant practice of Nexa Law Limited, a limited company registered in England and Wales with number 10209198, which is authorised and regulated by the Solicitors Regulation Authority under SRA number 633024.