Negotiating Settlement Agreements - A Practical Workshop

Introduction

This practical session will cover common areas that should be covered and negotiated when advising an employee on a settlement agreement.

It will offer a solid grounding to junior practitioners and provide a refresher to those who regularly advise on such agreements.

In addition to looking at what should be in a settlement agreement, the course will consider the skills that are needed to effectively negotiate a settlement agreement.

What You Will Learn

This course will cover the following:

• Negotiating the settlement agreement:
• Using protected conversations
• Identifying an appropriate termination payment
• Acas Code of Practice: Settlement Agreements
• Independent legal advice
• Contents of the settlement agreement:
• Staggered or periodic payments
• Addressing tax
• Ensuring relevant claims are covered
• Removing any penalty clauses
• Restrictive covenants
• Confidentiality clauses
• Non-disclosure agreements
• References
• Payment in lieu of notice clauses
• Skills needed to negotiate a settlement agreement:
• Negotiation skills
• Listening
• Note taking
• Questioning
• Reading body language
• Managing conflict situations
• Non-verbal communication
• Opening and concluding a discussion