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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60567
Experience:  Qualified Employment Solicitor
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Does legal advice on a severance agreement need to be given

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Does legal advice on a severance agreement need to be given face-to-face or can it be done on the telephone and email so long as this is properly recorded? For good reasons, client and solicitor cannot meet as they are very far apart.
JA: Has the client discussed this with a manager or HR? Or with a lawyer?
Customer: A deal has been agreed between employee and manager.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees only.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What is your involvement in this?

Customer: replied 4 months ago.
I look forward to your reply.
Customer: replied 4 months ago.
No. On-line please.

What is your involvement in this?

Customer: replied 4 months ago.
I have been asked on behalf of the employee
Customer: replied 4 months ago.
who is out of this country at present and does not want to have to return just for this.

Thank you. it is entirely possible for the advice to be given remotely as long as the other legal requrements are met. For the settlement agreement to be legally binding the following conditions must be met:

· The agreement must be in writing.

· The agreement must relate to a particular complaint or proceedings.

· The employee must have received advice from a relevant independent adviser, such as a lawyer or a certified and authorised member of a trade union.

· The independent adviser must have a current contract of insurance or professional indemnity covering the risk of a claim by the employee in respect of loss arising from the advice.

· The agreement must identify the adviser.

· The agreement must state that the applicable statutory conditions regulating the settlement agreement have been met.

So as long as they are receiving relevant legal advice from a suitable person, this can be in person or over the phone or a video call.

Does this answer your query?

Customer: replied 4 months ago.
Thank you. That answers my question.

all the best

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