Advising on Settlement Agreements - A Best Practice Guide

Introduction

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

Delivered by employment expert Kathy Daniels, this webinar will provide junior practitioners with a solid understanding of settlement agreements. It is also an invaluable refresher for more experienced practitioners who regularly advise on such agreements.

What You Will Learn

This webinar will cover the following:

• Deciding when to settle, and working out a potential settlement
• Using a protected conversation, and how to carry out that conversation
• Avoiding improper behaviour during a protected conversation
• Claims that cannot be settled using a settlement agreement
• Checking whether the termination payment is adequate in the circumstances
• Checking whether notice pay, or PILON, has been subject to the correct tax treatment and all post-employment notice pay has been correctly taxed
• Advising employees on staggered or periodic payment particularly if the employer is having problems with cash flow
• Ensuring that certain claims are properly excluded
• Removing any penalty clauses (CMC Group v Zhang)
• Ensuring that any ongoing obligation to assist the employer is reasonable
• Avoiding any repetition of restrictive covenants or other post-employment restrictions
• Ensuring that protected disclosures (S43 ERA) are expressly excluded
• Advising and re-drafting confidentiality/non disparaging remarks provisions to ensure that these are reciprocal and fair
• Advising on obtaining a meaningful reference

This pre-recorded webinar will be available to view from Tuesday 5th May 2026

Alternatively, you can gain access to this webinar and 2,100+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.