What are the warning signs to look out for in a redundancy settlement agreement?
If you've been told by your employer that you are being made redundant then in the UK you will likely receive a settlement agreement (also known as a compromise agreement).
You need to get professional advice before signing the settlement, but there are a few red flags to look for that might give cause for concern straight away.
If your employer is not committing to providing a favourable reference, take this as a red flag.
You likely should insist that this is included in your settlement agreement.
No holiday pay
By law, you're entitled to be paid any holidays you've accrued but not yet taken.
If your employer has not included your holiday pay, you should check their calculations closely.
Insufficient termination payment (or no termination payment)
A good settlement agreement should include a fair payment. Remember that by signing the settlement agreement you are likely not able to claim anything else from your employer down the line.
No reason listed for termination
This is not a legal requirement but you may want your employer to include a reason, espcially if you have an income protection insurance policy. These policies only pay out for specific termination reasons.
Your employer isn't encouraging you to get independent legal advice (and paying for it)
You need to get independent legal advice. It is likely your employer will pay for the cost of a solicitor. Remember that once you've signed the settlement agreement, it will be difficult to change or re-negotiate with your employer.
A specialist employment solicitor can provide advice on whether to sign and how best to negotiate for your rights with your employer.