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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1241
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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My employer and I are mutually choosing to end our

Customer Question

Hello! My employer and I are mutually choosing to end our relationship, and I was told I need independent legal advice on the contract. I am to give them the name of a counselor before we can move forward with a settlement
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: With HR, not with a lawyer
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, no Union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.
Category: Law
Expert:  Ed Turner replied 6 months ago.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer. However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Customer: replied 6 months ago.
How do I cancel the phone call?
Customer: replied 6 months ago.
I definitely do not want the phone call
Expert:  Ed Turner replied 6 months ago.

It appears that your employer is offering to terminate your contract of employment and compromise any and all possible claims under the employment rights legislation by way of a mutual Settlement Agreement signed by both parties.

The law governing Settlement Agreements requires them to be concluded either through ACAS by way of their COT3 Settlement Agreement format, or if they are in the employer’s draft, the employee must receive independent legal advice on the form and content of the Settlement Agreement by a solicitor on the Roll of Solicitors and practising under the umbrella of a law firm fully authorised and regulated by the Solicitors Regulation Authority and covered by a Professional Indemnity Insurance policy. The employee’s solicitor must attest a schedule of the Settlement Agreement verifying that the employee has understood its contents before they signed it.

Expert:  Ed Turner replied 6 months ago.

I note that you do not want a telephone appointment, however, in order for me to pass you my practising details under the guise of my main virtual law firm, you must accept a Premium Service offer.

Customer: replied 6 months ago.
Ok bye?
Expert:  Ed Turner replied 6 months ago.

I will then be able to open a file with my law firm and advice you on the Settlement Agreement.

Customer: replied 6 months ago.
Yeah no thanks
Expert:  Ed Turner replied 6 months ago.

It is normal practice for employers to offer to pay an outgoing employee their reasonable legal costs in the sum of approx £500 plus VAT for the employee to receive advice from an independent solicitor before they sign the settlement agreement.

Expert:  Ed Turner replied 6 months ago.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

I appreciate that you do not want a Premium Service Phone call. However, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

Expert:  Ed Turner replied 5 months ago.

Do you still need expert assistance in this matter?

Please revert to me if you have any further questions and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards