Settlement agreement employment rights.
To decide the value of your settlement agreement, you must value the value of your potential law suit against your employer. Financial sums in settlement agreements are offered to employees to insulate employers from future litigation. The strength of your potential claim in court will dictate the size of your settlement agreement. This primarily boils down to the following points:
- The evidence that you can provide to prove your claim– This is the most important aspect of your potential court case. The amount of text-based evidence and testimony that you can gather will make, or break, your claim. While you make have thousands of pounds worth of damages, you may not receive a penny in awards if you cannot prove the fault of the employer.
- The evidence you can provide to justify your damages– This is a tricky requirement which varies according to case. If you’ve been unfairly dismissed and you are claiming damages for lost wages and being out of work, you must demonstrate to the court that you’ve attempted to mitigate your damages. Evidence of job searches, failed job applications, or medical disability reports could be necessary to support your claim for damages. The courts will not typically award lost wages for 6 months, they want to see that you’ve tried to get back into employment.
- The counsel of employer– If your employer is a large company, they will have the financial resources available throw into the case. This typically means that the employer will conduct background checks, dig up every work report, and pressure your co-workers to testify against you. While they do have the resources to fight in court, larger firms still do not shy away from settling.
- The judge that is assigned to you case– Every judge is different, and their moods, feelings, and judgements vary from day-to-day. We find that judges are extremely patient and willing to dig deeply into complicated lengthy cases… Sometimes, judges are unwilling to interpret cases in favourable ways. This is random variable that can sometimes hurt strong cases.
- Your willingness to prolong your case- You should examine your settlement agreement with regards to your willingness to prolong the litigation. If your employer has unfairly dismissed you and has provided an extremely poor reference, it is very possible that you will not be able to find employment until your case is heard and decided in your favour. The judges will try to avoid awarding you lost wages for the entire time that the case was approaching court; it is very possible you will only receive a couple months of salary. Your settlement agreement should always be examined with relation to what your willingness to wait for a court decision.
To get free advice on settlement agreement employment rights, please contact us here.