Settlement agreements are legally binding documents that, once signed, impose obligations on both sides and help to resolve a dispute. Because they are enforceable by law, it’s widely assumed that they must be accepted in order for them to be valid. In some situations, parties to settlement agreements have attempted to invalidate their agreement because they claim their signature was not witnessed and hence is not valid. Here are all the answers to your Settlement Agreement questions.
A settlement agreement does not have to be witnessed in order for it to be valid, and the people involved in the agreement must obey its terms. This implies that once both parties have signed the document, it becomes legally enforceable. It can only be set aside if an extremely unusual condition is shown.
What Should You Look For When Considering A Settlement Agreement?
A written copy should be provided once an employment agreement has been reached with an employer. Verbal agreements can help to shape the terms of a contract, but they are not legal contracts and are generally excluded by settlement agreements’ conditions.
Once you’ve received the written version, make sure it’s what was agreed to in writing or through other media. It should describe the specific problem being addressed. It should clearly detail what the employer and employee have agreed to do, including any payments you are entitled to get.
The agreement must also adhere to the requirements for settlement agreements. If these criteria are not satisfied, the contract is not valid legally and an unscrupulous employer may use this to avoid paying the agreed settlement amount.
If you discover that a settlement agreement you have signed is invalid, you will be able to bring an employment tribunal claim against your employer.
Before you sign a settlement agreement, there are a few things to consider.
A settlement agreement must be signed by both parties in order for it to be valid. Both sides must be confident that signing the document is in their best interests, and they should know exactly what it contains. If you’ve been working with a lawyer to negotiate the settlement agreement, he or she will be able to tell you about the document itself. They’ll be able to ensure that it fulfils validity criteria and incorporates everything that was agreed upon.
If the agreement fails to satisfy any of these criteria, they’ll advise on what course of action is best – either further legal action, renegotiating the provisions of a contract, or redrafting the document.
At Freeman Jones Solicitors, we have a professional team of employment lawyers who can help you write and negotiate a settlement agreement that is in line with your needs and brings your disagreement to a successful conclusion.