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Employment Services

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Advocating for your rights and fair treatment in the workplace.

Your trusted source for employment assistance & guidance

We specialise in providing expert legal assistance to individuals seeking assistance with their employment situation. Navigating the complex landscape of employment law requires strategic legal counsel, and our firm is committed to delivering exceptional representation in all matters related to employment law.

Our dedicated employment law firm, with years of experience, supports and empowers employees by providing expert legal guidance and representation tailored to their unique workplace challenges.

How can we help?

Specialists in various areas of employment law, including discrimination, harassment, wrongful, constructive and unfair dismissal, wage and holiday pay disputes, family rights, whistleblowing detriment, and more. Our extensive knowledge and practical experience allow us to tackle complex cases and pursue favourable outcomes for our clients.

Settlement agreements

Settlement agreements in employment law are commonly used to resolve disputes between employers and employees, covering issues like wrongful termination or discrimination. To ensure enforceability, specific criteria must be met, including obtaining independent legal advice. We can assist by advising on terms, negotiating better packages, and often aligning our fees with your employer’s contribution, making our service cost-free for you.

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Negotiate Exit

Settlement agreement negotiations can be a daunting and sometimes stressful prospect. However, if you have decided that the best option for you is to leave your employment, then it is important that you have the necessary support to ensure that you leave on terms that are most favourable to you.

We are experienced in negotiating exit packages and we will advise and support you throughout the process.

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Legal advice

If you require guidance on your employment rights, our expertise is at your disposal. We provide a fixed fee service tailored to your needs. For further details, don’t hesitate to reach out to us.

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Employment Litigation

Should your issue escalate to litigation, we’re here to provide comprehensive support. Our services encompass drafting the claim, managing all case directions, preparing necessary documents including your schedule of loss, representing you at preliminary hearings, and guiding you through every step of the employment tribunal process

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We can help with:

Conducting thorough evaluations of your case to determine the best course of action
Providing legal advice and guidance on your employee rights and options
Approaching your employer and negotiating an exit or settlement on your behalf
Issuing you a claim at an Employment Tribunal and supporting you throughout the process
Advising you on settlement with your employer
Representing you in mediation or court proceedings.

Justina Ricci

Head of the Department
Employment Lawyer
justina.ricci@ricciandpartners.co.uk

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Frequently Asked Questions

Why choose us?

It is simple. We are good at what we do.

We are compassionate in our approach and are honest. We have extensive knowledge and experience in employment law and apply innovative approach to each case.

We fight your corner and have a strong track record of successful outcomes for our clients even where other law firms advised our clients before they came to us that they have no case.

Dedicated solicitor. You will be dealing with one person who has conduct of your case, rather than be passed on between different fee earners.

Transparent communication and regular case updates.

Transparent pricing and different methods of funding your case.

What is ‘without prejudice’

A “without prejudice” conversation is a legal term used to describe a type of communication between parties involved in a dispute or potential legal claim. The purpose of these discussions is to encourage open and honest dialogue with the goal of reaching a settlement, without the fear that anything said during the conversation will be used against the speaker in future legal proceedings.

Key characteristics of “without prejudice” conversations include:

Confidentiality: Statements made during without prejudice discussions are considered confidential and cannot be disclosed to the court or other parties in the event that the dispute escalates into litigation.

Legal Protection: The without prejudice rule is designed to promote settlement negotiations by allowing parties to speak freely about their positions, without the risk that these statements will be used as evidence against them in court.

Settlement Discussions: Without prejudice communications often occur in the context of settlement discussions. Parties may explore various options and compromises without the fear that their statements will be later used against them if an agreement is not reached.

Exceptions: It’s important to note that not all conversations labeled as “without prejudice” are automatically protected. For the protection to apply, there must be a genuine attempt to settle a dispute. If there is no dispute or if the communication is not a bona fide attempt to reach a resolution, the without prejudice protection may not apply.

“Without prejudice” discussions are a valuable tool in alternative dispute resolution processes, such as mediation or negotiation, allowing parties to explore solutions without the fear of prejudicing their legal positions. It’s essential to consult with legal professionals to understand the specific implications and requirements of without prejudice communications in your jurisdiction and circumstances.

What if I am not happy with what is being offered?

If you are not happy with what is being proposed, we can approach your employer to negotiate a better deal on your behalf or support you if you prefer to do so yourself.

At Ricci & Partners, we have extensive experience and expertise in negotiating a better deal than initially offered and are know for our tenacity and ability to present your case to your employer in a way that makes settlement the most attractive option for them.

Do I have to sign the agreement?

If parties reach a settlement during without prejudice discussions, the terms of the agreement are typically documented in a formal settlement agreement.

If you sign a settlement agreement you will be precluded from bringing any claim against your employer (usually except for accrued pension rights and latent personal injury claims).

We will review and advise you on the terms and effects of the settlement agreement and will help you negotiate the terms that protect you.

Can I negotiate a better deal?

We are expert negotiators and can negotiate directly with your employer to get you the best deal possible. This is the case even where you have tried to do this previously yourself but had no success.

We can do this on fixed fee, time fee or no win no fee basis. The terms of negotiation do not always relate to money.

We can help negotiate:

the ex gratia payment and other terms
your notice terms. For example you may wish to be placed on Garden Leave so that you have a better chance of obtaining new employment
confidentiality clauses and restrictive covenants
return of property clauses
clauses where you give indemnity on tax position
other terms

How quickly can this be done?

We can usually schedule an initial call/video meeting on the same day.

The time frames in respect of negotiation will depend on how quickly your employer responds, but from our experience the whole process usually can be completed within 2 weeks or so.

What are the advantages of negotiated exit?

A negotiated exit can be an excellent way to resolve a dispute with your employer and move on to new endeavours without suffering a loss.

If you decide to resign from your employment and then claim compensation, it is usually more difficult to negotiate a settlement. This is because you are no longer an employee, and the risk for the employer to ‘get it wrong’ is reduced. Your employer may also prefer to wait and see if you are serious and if you are going to issue a claim.

Legal Fees
Litigate, your legal fees can accumulate very quickly. Even if you are represented on a no win no fee basis, you will have to pay your representative, usually a significant proportion of your winnings (up to 35%).

Reference
Your employer has no legal obligation to provide you with a reference. As such, even if you win your case, your employer will not be obliged to issue you with one. It is therefore usual to agree on the wording of the reference with your employer as part of the term of your settlement agreement. This would oblige your employer to issue a reference with agreed wording when it is requested by your new prospective employer which will make it easier for you to find another employment. You can also include a term that means your employer cannot make bad comments about you that may damage your reputation or your chances of success in obtaining new employment.

Public Judgments
Employment tribunal judgments are public. Therefore when you issue a claim, even if you withdraw it later, there will be a public record of you suing your employer.

Litigation Risk
There is always a litigation risk. Sometimes even the best cases stumble during the hearing. There may be lack of evidence or an uncertain legal point that means that after all the time, costs and effort, no one can guarantee a successful outcome of your case if it proceeds all the way to litigation.

Time
The Tribunals are currently overwhelmed with cases which means that it may take years for you to get your compensation, even if you win your case.

Loss
A lot of the times you will only be entitled to claim for the loss you have suffered. Which means you have to actually suffer the loss in order to claim it (unless you are also bringing a discrimination or a claim where there is a detriment suffered). If you agree a settlement before you have even suffered a loss, if you find a new job immediately after, this will be irrelevant and you will get to keep all the compensation despite the fact that you have never suffered a loss. As such settlement agreements are usually the best option commercially.

Tax
Compensation payments for the loss of employment or injury to feelings can be paid tax free up to £30,000

What should I expect to get?

A lot will depend on the circumstances. The following financial payments would generally be included

Benefits
All your contractual benefits up until the termination of employment. This would include your salary, may include a bonus and commission and other benefits such as health care insurance, death in service benefit, gym membership and others;

Pilon
Payment in lieu of your notice. You can usually choose to be paid in lieu of your notice (which means your employment would terminate immediately) or you can request that your employment terminates in the future, but that you remain on garden leave until such time. We can discuss the pros and cons of either during our appointment, however this payment is normally non negotiable, unless you are subject to gross misconduct proceedings that are well evidenced;

Holiday Pay
If you have accrued any holiday that you did not get a chance to take before the termination of your employment, these should be paid to you in lieu. If you have taken over your allowance, you would usually expect to negotiate that your employer will not be deducting these from your final payment.

Ex Gratia Payment
This payment is normally made in consideration of you entering into this agreement and assuring the employer that you will not bring a claim against them. Ex – gratia payment is to intended to compensate you for the loss of your employment and for any breaches of your statutory rights that you have suffered. Up to £30,000 of this payment is usually tax free;

Redundancy Payment
If you are being made redundant you should also receive your redundancy payment. It may be that your redundancy payment will be included within the ex gratia payment;

Bonus
It is quite usual for the employment contract to contain a clause that deprives you of any bonus if your employment is subject to notice, or it has terminated. As such bonus may form a significant consideration for you when deciding whether to accept a settlement agreement.

Shares
Arrangements in respect of long term incentive plans and shares must be discussed and considered before you enter into a settlement agreement. This is because you may be subject to ‘bad leaver’ or ‘good leaver’ provisions within any share/incentive plan scheme. If you are expected to release those options, you would usually expect to be paid for those under the terms of the settlement agreement.

Confidentiality Consideration
Your employer may also wish to pay you a small sum as consideration for you to agree to keep the terms of the agreement confidential and not to make any derogatory comments about your employer or any of their officers, employees and any other stakeholders.

Here is how we can help you

Legal Advice

Legal Advice

Are you facing workplace challenges or uncertainties? Empower yourself with knowledge about your employment rights.

We possess in-depth knowledge of the legal landscape surrounding employment rights and obligations which means that we can always find a solution.

Every employment scenario is unique. We take the time to understand your specific employment circumstances, and advise you on the steps that you can take. This enables us to formulate a personalised negotiation and/or litigation strategy that aligns with your goals.

To schedule a free consultation, please book appointment now.

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Employment Litigation

Employment Litigation

If you are happy with your employer’s offer, then we can usually conclude it all for you on the same day. We would need to schedule a meeting over zoom/teams to go through the contents of the agreement to make sure you understand the terms fully. If at the end of our meeting you wish to sign the agreement, we will sign our certificate and send it to your employer directly. You will not need to pay for our service as our fee will be capped to your employer’s contribution.

Arrange a meeting with an employment solicitor now to go over your agreement.

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Negotiate Exit

Settlement

Leaving your employment, particularly in challenging economic times, can be incredibly daunting, and so many employees will either choose to stick it out or leave when they find alternative employment.

If you are considering leaving employment because you are ready for a change, then leaving quietly may be the best option. But what happens in situations where you feel you did not want to leave, but are left with no choice as a result of your employer’s or any of your colleague/management conduct or you don’t trust your employer to provide you with a reference? Negotiated exit may be the best option.

A negotiated exit means that instead of resigning from your employment, you, or the solicitor you instruct, approaches your employer to agree mutual terms for your departure from the business. Such conversation would be on a without prejudice basis and confidential. You can approach your employer, on a without prejudice basis at any time and propose exit terms yourself. However negotiating the terms of the exit and of a subsequent settlement agreement can be a daunting prospect for some people, especially where relationship is already difficult.

At Ricci & Partners, we have extensive experience and expertise in negotiating compensation packages for our clients and are known for our tenacity and ability to present your case to your employer in a way that makes settlement the most attractive option for them.

Why not speak to a lawyer today to understand what your options are and what you could be entitled to as compensation? Book a free consultation or call us now on 0330 120 1819

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Related Services

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Wrongful Dismissal

A practical guide to wrongful dismissal in the UK, how to negotiate a settlement agreement payout with your employers and how to bring a claim.

Automatic Unfair Dismissal

A practical guide to automatic unfair dismissal in the UK, how to negotiate a settlement agreement payout with your employers and how to bring a claim.

Constructive Dismissal

A practical guide to wrongful dismissal in the UK, how to negotiate an a settlement agreement payout with your employers and how to bring a claim.

Race Discrimination

A practical guide to race discrimination claims, how to negotiate settlement agreement payout with your employers and how to bring a claim.

Disability Discrimination

All you need to know about disability discrimination

Religion Discrimination

A practical guide to religion discrimination claims, how to negotiate settlement agreement payout with your employers and how to bring a claim.

Age Discrimination

A practical guide to age discrimination claims, how to negotiate settlement agreement payout with your employers and how to bring a claim.

Menopause

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