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Just to clarify, has your employer offered you a settlement agreement? Also, how long have you worked for this employer?
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Many thanks for your patience. You can propose a settlement agreement at any time and you do not actually need a solicitor to go through that initial step. A solicitor only needs to be formally involved once you go ahead with considering the offer made to you, because you need to take formal legal advice for the agreement to become legally binding. However, the common approach is for the employer to draft the agreement and for them to contribute towards your solicitors’ costs. The usual position is that they either give you a contribution of around £300-400 for these fees or pay them in full. However, you should not have to pay more than that to take advice on the agreement.
In terms of approaching the employer, you can do so by letter, where you raise the possibility of a settlement agreement and just make sure you label all correspondence ‘Without Prejudice’. There is no formal way of asking for it – just say what you are after and why, the main thing is to make it clear that this is your preferred outcome.
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