Independence

It is key to the completion of an effective settlement agreement that both employer and employee have faith in the independence of the legal advice given to the employee. Here we explain what this means in practice.

For employees

If we agree to advise you on a settlement agreement, you are our client and it is your best interests alone that we are concerned with. This golden rule is unaltered by the fact that your employer may have signposted you to our services, provided you with a voucher to use our site or agreed to pay us for advising you.

All our legal advisers operate within professional guidelines that ensure that we do not give advice to both sides in any form of dispute or contractual negotiation (unless exceptionally both parties were to ask us to). In order to make sure that this doesn’t happen, we will check when you register with us that we have not given your employer any advice about or in connection with the termination of your employment. This is very unlikely, but if does arise, we will let you know as soon as possible and discuss with you the best way for you to receive independent legal advice about your settlement agreement.

We may have given, or be in the process of giving advice to your employer about other employment law or human resources issues or we may provide other legal services to your employer as a firm, however, and it is important that you are aware of and comfortable with this.

For employers

If we advise one of your employees about the terms and effect of a settlement agreement that you have offered to them, we will do so without fear or favour regardless of the fact that you may be paying for our advice, even if it means challenging the terms you have offered to them. By using this site or signposting your employees to us, you recognise and accept this.

We are a top-100 law firm with a large team of business services lawyers covering many legal disciplines, including employment and immigration law. By signposting your employees to us to use this site we ask you to acknowledge that this is a clear and narrowly defined service which does not create any conflict of interest in relation to other legal services that we may carry out for you, now or in the future.

Please email sao@hcrlaw.com or call us anytime on 0800 464 0814 should you have any queries about any of these issues.

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