No. The law requires advice from a relevant independent adviser, and that can be a certified adviser at an advice centre. The UK Employee Advice Centre gives that advice and signs the certificate, usually within one working day. Your employer pays, so you pay nothing.
For a settlement agreement to be legally valid, the employee must receive advice from a "relevant independent adviser" about the terms and effect of the agreement. This is set out in section 203(3A) of the Employment Rights Act 1996. The adviser must have a current policy of insurance or indemnity covering the risk of the advice.
Critically, the law does not say this adviser must be a solicitor. It lists several categories of person who qualify.
Holding a current practising certificate
Certified and authorised by the advice centre, with appropriate insurance
Certified and authorised by the union
The UK Employee Advice Centre's adviser is certified and authorised in writing by the Centre, and the Centre has the insurance the law requires. It is fast, online and costs you nothing. See how settlement agreement advice works, or send your agreement now.
The adviser explains the agreement, the claims you would be giving up and the effect of the terms: the payments and how they are taxed, notice and holiday pay, the reference, confidentiality and any restrictions.
They tell you whether anything should be negotiated, by phone or video and in writing, and sign the certificate once you are happy.
Your employer. Most settlement agreements include a contribution of around £500 plus VAT towards your independent advice, stated in the agreement or covering letter.
The Centre's fee is £500 flat, with no VAT, paid from that contribution. You never pay anything yourself.
If you would rather use an SRA-regulated solicitor, we can refer you to an independent employment solicitor. The solicitor confirms their fee and scope before acting.
No. Without independent advice from a relevant independent adviser, a settlement agreement is not legally valid. The requirement exists to protect employees from signing away their rights without understanding what they are giving up.
Usually within one working day of receiving the agreement. Tell us your signing deadline when you send it, and call us if it is very close.
The adviser will tell you whether anything in the agreement should be negotiated and what to ask your employer for.
You are never obliged to sign a settlement agreement. The adviser will explain the effect of signing and your options.
Tax treatment can depend on how payments are structured. The adviser will explain how the payments in your agreement are taxed.