Settlement Agreement – What claims will the employee be giving up? Are there any claims the employee can still make after it has been signed by all parties? (Part 6)

Settlement Agreement – What claims will the employee be giving up? Are there any claims the employee can still make after it has been signed by all parties?

When an employee signs a settlement agreement, they typically give up the right to almost all legal claims against their employer. These claims can include, but are not limited to:

• Claims for unfair dismissal, wrongful termination, and other employment-related torts.

• Claims related to discrimination and harassment.

• Claims for unpaid wages, overtime, and other compensation.

• Claims for severance pay, holiday pay, and other benefits.

• Claims for breach of contract.

It is important to note that the specific claims that are waived by the employee will depend on the terms of the settlement agreement. However, some claims will not be waived and these typically include:

• The right to bring a claim for personal injury provided the injury was not known of and could not have been known about at the time the settlement agreement was signed.

• The right to bring a claim for pension rights.

• The right to enforce the agreement, i.e. if the employer fails to pay the compensation in the settlement agreement.

If you have any questions concerning a settlement agreement, please contact Noel McNicholas on 01926 887700 or noel.mcnicholas@thomasflavell.co.uk.