Settlement agreement: direct answer

Direct answer. A settlement agreement is a written contract under which an employee usually gives up specified employment claims in return for agreed terms. It becomes binding only if the statutory conditions are met, including independent advice from an appropriate adviser; the adviser is not required to recommend acceptance of an unfair deal.

Client stage. Use this page if you have received a draft, are negotiating exit terms, or need independent advice before signing.

  • What must be reviewed: the draft agreement, notice and holiday pay, compensation and tax wording, benefits, references, confidentiality, restrictions and the claims being waived.
  • Main process: identify legal and commercial leverage, clarify the proposed termination package, negotiate any changes, explain the final effect and sign only when the terms are understood.
  • Key risk: signing can permanently waive valuable claims, while a missed deadline or inaccurate tax, bonus, share or restrictive-covenant term can create later loss.

Primary official source: Acas: settlement agreements.

Jurisdiction and review: employment law of England and Wales. Reviewed 25 August 2026 by Najma Ali, Principal Solicitor, NA Law Solicitors, SRA No. 645049.

NA Law Solicitors | Employment law advice

Settlement Agreement Solicitors | Independent Legal Advice

Do not sign away employment rights without proper advice. We review settlement agreements, explain the legal effect and advise on whether the offer is fair.

SRA-regulated solicitorsEmployees and employersSettlement and tribunal adviceLondon and Brentford
Free settlement agreement tool

Estimate your settlement position before you sign

Use our calculator to estimate possible redundancy, notice and employment-claim values. The result is an initial guide, not legal advice; the agreement and the facts still need to be reviewed.

Check Your Settlement Estimate

Send us these three things

  • The complete settlement agreement
  • Your signing deadline
  • Your concerns about pay, tax, reference wording or restrictions

How settlement agreements work

Legal validity

The agreement must be in writing, cover particular claims and name an insured independent adviser. The employee must receive independent advice on the terms and their effect. Read the Acas guidance.

Tax treatment

The £30,000 threshold is not a blanket exemption. Notice pay, salary and holiday pay are normally taxable, while qualifying termination payments may fall within the threshold. Check the GOV.UK guidance.

Terms that may be negotiated

Depending on the facts, negotiations may cover compensation, notice, accrued holiday, bonus, reference wording, confidentiality, restrictive covenants and the employer contribution to legal costs.

Independent Legal Advice

A settlement agreement is only effective if the employee receives independent legal advice from a qualified adviser. We explain what claims are being waived, whether the payment is adequate and whether any terms need changing.

Fixed-fee review

Many employee settlement agreement reviews can be provided for a fixed fee. Send us the agreement and deadline.

What We Check

Clause Why It Matters
Payment Whether notice, holiday, compensation and tax wording are correct.
Claims What rights you are giving up.
Reference Whether future employment prospects are protected.
Restrictions Whether post-termination covenants are too broad.

Frequently Asked Questions

What is a settlement agreement?

It is a binding agreement where an employee waives claims in exchange for payment or other terms.

Do I need a solicitor?

Yes. Independent legal advice is required for the waiver of statutory employment claims to be valid.

Who pays the legal fee?

Employers often contribute to the employee’s legal advice fee, but the agreement should be checked.

Can I negotiate?

Yes. Payment, reference wording, notice, holiday, bonus, restrictive covenants and confidentiality can often be negotiated.

Is the first £30,000 tax free?

Genuine termination payments may qualify up to £30,000, but notice, holiday and wages are usually taxable.

How long does advice take?

Straightforward reviews can often be handled quickly once all documents are received.

What is an agreed reference?

A reference wording agreed in the settlement agreement to reduce future uncertainty.

Can restrictive covenants be changed?

Sometimes. Overly broad restrictions may be negotiable.

What if I do not sign?

You keep your legal claims but may not receive the settlement payment. Take advice before deciding.

Can NA Law advise employers too?

Yes. We draft and advise on fair, enforceable settlement agreements.

Get Employment Law Advice

Tell us what has happened, your deadline and what outcome you need. We will help you decide the next step.