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How to Negotiate the Best Deal on Your Settlement AgreementPrepare Well for the Settlement Agreement Negotiation.Decide which negotiation tactics to use.Ask for a Protected Conversation with your Employer.Don't ask for too much.Don't ask for too little.Find out how the settlement payments will be taxed.More items...
Those requirements include:An offer. This is what one party proposes to do, pay, etc.Acceptance.Valid consideration.Mutual assent.A legal purpose.A settlement agreement must also not be "unconscionable." This means that it cannot be illegal, fraudulent, or criminal.
The protected conversation process begins, ideally, by the employer writing to the employee inviting the employee to a meeting to discuss a possible settlement. That letter should be marked 'Without Prejudice Protected conversation (S. 111A of the Employment Rights Act 1996)'.
4. Who will draw up a settlement agreement? It is usual for the employer's solicitors to draft the settlement agreement and therefore will generally have been drafted to protect the employer's interests.
It is usually entered into at the termination of employment and sets out the full terms between the parties. In its simplest form, a settlement agreement will provide for termination payments (which may include your notice, an tax free sum, redundancy, holiday, bonus, and other sums.