Employment Lawyers Can Answer Your Employment Law Questions
Hello again, if they are going to look at terminating your employment then you may actually want to consider letting them do that (or actually not resigning first) and then you can pursue a claim for unfair dismissal instead. This is considered an ‘easier’ claim in general because the burden of proof is the employer’s, whereas in a constructive dismissal claim it is yours and you have to prove your claim.
As to the settlement agreement, you do not need a solicitor to negotiate it but you would legally need one to get it signed off and made legally binding.
Does this answer your query?
A settlement is essentially going to end up being an amount which they are willing to pay and you are willing to accept. But it is also based on what you may likely recover in tribunal and then working around that and usually accepting a reduced amount as you are giving up some of the compensation you may get on the basis it is guaranteed, rather than having to go through the uncertainty of claiming
Settlement can be approached and negotiated at any time and they are also done on a without prejudice basis, meaning off the record and these discussions are not used against you in any future proceedings
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