Rebecca Bennett
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Date Published:13 Oct 2021 Last Updated:26 Jan 2022

Can I negotiate on a settlement agreement?

Employment Law Advice

Yes, you can.

If you are an employee and have received a settlement agreement or proposed terms from your employer, it is possible to negotiate on these terms if you are not happy with what has been offered to you.

We can assist you with negotiating fair settlement terms. This may include negotiating on the following:-

  • Compensation payments;
  • Restrictions and/or confidentiality clauses;
  • An agreed reference; and
  • Any obligations under the agreement.

To negotiate on a settlement agreement you will need some form of leverage. This may be a potential employment tribunal claim that you could pursue against your employer or the fact that your employer will need to carry out a lengthy HR process as an alternative to entering into a settlement agreement. The realities of having to deal with these processes (not to mention the expense) often draws employers into negotiating further on settlement agreements.

Negotiations will need to take place on a ‘without prejudice’ basis which means that the correspondence is ‘off the record’ and cannot be referred to in any future proceedings or in open correspondence.

We understand that negotiating with your employer on a settlement agreement can be daunting and stressful. This is why we offer assistance with negotiating on your behalf. We also offer assistance behind the scenes (i.e. where we can prepare correspondence for you to send to your employer without us being directly involved). This is something that we can discuss with you.

If you would like assistance with a settlement agreement, please contact our Employment Solicitor, Rebecca Bennett on 01202 525333 or email