Settlement agreement | Practical Law

Settlement agreement | Practical Law

Settlement agreement

Settlement agreement

Practical Law UK Glossary 6-200-3471 (Approx. 5 pages)

Glossary

Settlement agreement

In civil litigation, an agreement to settle a dispute or provide a release or waiver of claims (see Practice note, Settlement: an overview and Standard document, Settlement agreement and release: civil litigation).
In employment law, an agreement (formerly known as a compromise agreement) whereby an employee or worker agrees not to pursue certain statutory employment tribunal claims against a respondent or potential respondent to a claim. Commonly used to record an employee's terms of departure where they are to receive a termination payment in return for the waiver of all actual and potential statutory (and usually common law) claims against the employer.
For a valid waiver of statutory employment rights, certain statutory conditions must be met:
  • The agreement must be in writing.
  • The agreement must relate to a particular complaint or particular proceedings.
  • The employee must have received independent legal advice on the agreement and in particular on its effect on their ability to pursue the statutory rights in question.
  • The adviser must be identified in the agreement.
  • The adviser must have insurance in relation to the advice.
  • The agreement must state that the conditions regulating settlement agreements in the relevant legislation have been met.