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Frequently Asked Questions About Voluntary Settlement Agreements
Do I have to accept a settlement agreement?
No, you are not required to accept a settlement agreement. Before signing, it’s important to understand whether the terms are fair. Our Kent-based solicitors can review your agreement and advise you on your options.
Do I need a solicitor to sign a settlement agreement?
Yes. A settlement agreement is only legally binding if you receive advice from a qualified legal advisor. At Martin Tolhurst Solicitors, our team can provide this advice and issue the required Legal Advisor’s Certificate.
How long do I have to consider a settlement agreement?
You are typically given at least 10 calendar days to consider the agreement, although this may vary. If you’re based in Kent or the surrounding areas, we can arrange a prompt appointment to ensure you meet any deadlines.
What does a settlement agreement solicitor do?
A settlement agreement solicitor will review your agreement in detail, explain the terms in plain English, and highlight any risks. Our employment law team in Gillingham regularly advises clients across Kent on settlement agreements and can also negotiate improved terms where appropriate.
Will my employer pay for legal advice?
In most cases, your employer will contribute towards or fully cover the cost of your legal advice. This is usually stated within the settlement agreement.
Can I get a same-day appointment in Kent?
Yes, we aim to offer quick turnaround appointments across our Kent offices, including our Gillingham office, where our litigation team is based. Telephone and remote appointments are also available for convenience.
Can a solicitor negotiate my settlement agreement?
Yes. Settlement agreements are often negotiable. We can help you secure better compensation, improved references, or amendments to restrictive clauses.
What happens after I sign a settlement agreement?
Once signed and certified by a legal advisor, the agreement becomes legally binding. Your employer will then arrange payment and finalise your departure in line with the agreed terms.
Are settlement agreements confidential?
Yes, most agreements include confidentiality clauses. These usually prevent you from discussing the terms of the agreement or the circumstances of your departure.
Where are your settlement agreement solicitors based?
Martin Tolhurst Solicitors has multiple offices across Kent, with our litigation and settlement agreement team based in Gillingham. We advise clients throughout Kent and can offer both in-person and remote appointments.
Need advice on a settlement agreement?
Our experienced team in Gillingham and across Kent can guide you through the process quickly and efficiently.
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