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What claims will I be expected to waive under a settlement agreement?
In general terms, if you sign a settlement agreement then you will (should the settlement agreement be well-drafted, which they usually are) normally be settling any and all past, present or future claims that you could have against your employer (or its employees, directors etc.) arising out of your employment or the termination of your employment – as well as other claims, the settlement agreement will almost always settle the following:
Any claim for unfair dismissal or constructive unfair dismissal
Any claim for breach of contract or wrongful dismissal
Any claim for any outstanding holiday pay
Any claim for any statutory or enhanced redundancy payment
Any claim for discrimination, harassment or victimisation
Although you will normally be settling all of the above claims, you will not normally be settling the following types of claim under a settlement agreement:
Any claim for any personal injury that you’re not aware of (and should not reasonably be aware of) as of the date that you sign the agreement;
Any claim for your accrued pension;
Any claim to enforce the terms of the settlement agreement
You can technically try and ‘carve out’ any type of claim that you want to preserve your ability to bring, but your employer will also want to try and reduce your ability to bring a claim after you sign the settlement agreement (so you should normally expect some ‘push back’ if you try and carve out particular claims).
Redmans Limited is a company registered in England and Wales with registration number 05872980, VAT GB893856068, and registered office Parkshot House, 5 Kew Road, Richmond, TW9 2PR. Settlement Agreement Lawyer is a firm of solicitors authorized and regulated by the Solicitors Regulation Authority (SRA number: 468098).