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Settlement agreement lawyers and solicitors

Written from primary sources · Editor-reviewed · Law current as of 19 September 2026
By the exitagreement.co.uk editorial team · Published 19 September 2026 · Last reviewed 19 September 2026 · 8 min read
8 primary sources cited on this page. How we check what is on this site

Your employer has handed you an agreement and, almost certainly, has offered to pay for you to take advice on it. This page is about what that advice legally has to be, what it is worth asking for on top, and how to check that the person giving it qualifies.

Key points

  • The statute does not say “solicitor”. It says relevant independent adviser, and it names three categories.
  • The adviser must be insured when the advice is given, and must be named in the agreement.
  • Anyone employed by, or acting for, your employer is excluded outright — no exceptions, no waiver.
  • The employer usually pays. It is a convention, not a right. What it covers.
  • Scotland is a separate legal system with the same employment rights. What that changes.

Before anything else: check which document you have actually been offered. A COT3 reached through Acas binds you without any of the following.

What the law actually requires

There is no such thing as a “settlement agreement solicitor” in legislation. The phrase is a search term, and behind it is a defined statutory role.

A hand signing the last page of a multi-page agreement
The signature is only valid once an independent adviser has signed the certificate on the back of it.

Lawyer or solicitor? The statute’s own word is “lawyer”

People search for a settlement agreement lawyer far more often than for a solicitor, and the statute is on their side: the first category of adviser it lists is a “qualified lawyer”, and it defines the term.

Employment Rights Act 1996, section 203(4)
In subsection (3A)(a) “qualified lawyer” means— (a) as respects England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and (b) as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
Read the section on legislation.gov.uk

So in England and Wales the test is not the job title but the authorisation: someone authorised under the Legal Services Act 2007 to exercise a right of audience or conduct litigation. Solicitors with practising rights qualify, and so do others who hold those authorisations. In Scotland the statute names them directly — an advocate, or a solicitor who holds a practising certificate. Whichever word you use, what you are looking for is someone who meets that definition, is insured for the advice, and has no connection to your employer.

Employment Rights Act 1996, section 203(3A) and (3B)
A person is a relevant independent adviser for the purposes of subsection (3)(c)— (a) if he is a qualified lawyer, (b) if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union, (c) if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre … But a person is not a relevant independent adviser … if he is, is employed by or is acting in the matter for the employer or an associated employer.
Read the section on legislation.gov.uk

Three categories, then, and the third is genuinely useful to people who do not want to pay for anything: an advice centre worker who has been certified in writing by the centre as competent and authorised. The second, a certified trade union officer, is the reason union members frequently pay nothing at all for this.

What none of them can be is connected to the employer. The exclusion at the end of the extract is absolute and it is not something you can agree to waive. That is the bit to keep in mind if your employer offers to arrange the adviser for you: suggesting a firm is normal and unobjectionable, and the firm still has to be independent of them in fact.

What a settlement agreement solicitor does, step by step

The statute fixes the minimum, and the steps follow from it. A typical sign-off, by a solicitor or any other relevant independent adviser, works through five things:

  1. Checks the agreement can bind you at all. Section 203(3) sets six conditions — in writing, relating to particular complaints, advice from an independent adviser, insurance in force, the adviser named, and a statement that the conditions are met. If one is missing the waiver fails.
  2. Explains what you are giving up. The agreement lists the claims it settles. The adviser goes through them with you and checks nothing has been included that you did not expect, or left out that you meant to keep.
  3. Checks the money. Statutory redundancy pay, notice, accrued holiday and the tax split all have right answers that can be checked. Redundancy pay · notice · tax.
  4. Checks the other terms. The reference, confidentiality, restrictive covenants and any warranties you are asked to give. References · covenants · every clause.
  5. Signs the adviser’s part. The agreement has to identify the adviser, and many include a short certificate for them to sign confirming the advice was given and their insurance was in force.

How long it takes

The Acas statutory Code of Practice recommends at least 10 days to consider the written terms and take advice, unless both sides agree otherwise. Nothing in section 203 requires the advice to be given face to face, so how long it takes depends mostly on getting the documents and on any negotiation that follows. How long you have to sign.

Who pays the solicitor

There is no statutory right to have the advice paid for. Acas puts the position plainly:

Acas — Settlement agreements: making a formal offer
The employer should consider offering to pay the cost of any independent advice. They do not have to do this. But if they do, it helps make sure the worker gets the advice they need.
Read it on acas.org.uk

Where an employer does contribute, check that the agreement states the sum, whether it includes VAT, and that it is paid to the adviser’s firm. Whether it covers the whole fee depends on what you ask the adviser to do. Fees and contributions.

What the advice has to cover, and what it does not

Condition (c) of s.203(3) is specific. The advice must be on the terms and effect of the proposed agreement, and in particular on its effect on your ability to pursue your rights before an employment tribunal. That is the statutory minimum and it is what a fixed sign-off fee buys.

It does not include, and is not the same as, an opinion on whether the figure is fair. That requires somebody to form a view on what your claim is worth, which is a different piece of work on a different timescale. Most advisers will give you a steer without being asked. If you want the analysis rather than the steer, say so when you book, because it changes the quote.

What firms charge and who pays for it · What is actually negotiable

Two situations change what the advice has to cover. In a redundancy, much of the offer may be a statutory entitlement rather than compensation. And where a discrimination claim is in play, the agreement has to satisfy the Equality Act as well as the Employment Rights Act, and the rules on who may advise you are stricter.

Five questions worth asking on the first call

  1. Will you cap your fee at my employer’s contribution? Frequently yes, for a straightforward sign-off. Get it in the client care letter.
  2. Is that inclusive or exclusive of VAT? The difference is about twenty per cent and it is the usual reason a quote and an invoice disagree.
  3. What happens to the fee if I decide not to sign? Many employer contributions are payable only on completion.
  4. Do you act in this jurisdiction? A trivial question in Manchester, a load-bearing one if you worked in Scotland.
  5. How quickly can you do it? Same day and next day are both common for a sign-off, which changes how frightening a short deadline actually is.
What we are, so you can weigh what we say

We are not a law firm and we are not regulated by the SRA. We pass an enquiry to a firm only with your agreement. If a firm ever pays us for one, the only arrangement we accept is a fixed amount agreed in advance, which would not change with the size of your settlement, with whether you instruct anybody, or with what a firm charges. We do not rank firms and we do not claim to know which is right for you. The whole arrangement is set out in the disclaimer linked at the foot of this page.

By city

Each city page carries the tribunal venue that actually hears claims from that city, taken from the HM Courts & Tribunals Service court and tribunal finder, and the median full-time gross weekly pay for jobs located there, from the ONS Annual Survey of Hours and Earnings 2025. The second figure is there for a reason: statutory redundancy pay is calculated on a week’s pay capped at £751 for 2026/27, so how far the typical local job sits above that ceiling decides how badly the statutory formula understates a local worker’s loss.

Median full-time gross weekly pay for jobs located in each city (2025), against the 2026/27 statutory weekly cap of £751
CityTribunal venue Median weekly payAgainst the cap Effect
LondonCentral London Employment Tribunal£958.20+£207.20Cap applies
ManchesterManchester Employment Tribunal£794.80+£43.80Cap applies
BirminghamMidlands (West) Employment Tribunal£761.20+£10.20Cap applies
LeedsLeeds Employment Tribunal£741.20£9.80Cap does not apply
GlasgowGlasgow Employment and Immigration Tribunals (Eagle Building)£796.50+£45.50Cap applies
BristolBristol Civil and Family Justice Centre£837.70+£86.70Cap applies
CardiffWales Employment Tribunal£736.10£14.90Cap does not apply
Newcastle upon TyneNewcastle Civil & Family Courts and Tribunals Centre£716.30£34.70Cap does not apply
EdinburghEdinburgh Employment Tribunal£833.40+£82.40Cap applies
LiverpoolLiverpool Civil and Family Court£737.20£13.80Cap does not apply
NottinghamMidlands (East) Employment Tribunal£672.60£78.40Cap does not apply
LeicesterLeicester Tribunal Hearing Centre£680.30£70.70Cap does not apply
SheffieldSheffield Combined Court Centre£721.90£29.10Cap does not apply
Milton KeynesBedford Tribunal Hearing Centre£798.60+£47.60Cap applies
NorwichNorwich Employment Tribunal£698.20£52.80Cap does not apply
SouthamptonSouthampton Combined Court Centre£781.50+£30.50Cap applies
AberdeenAberdeen Tribunal Hearing Centre£834.40+£83.40Cap applies
CoventryMidlands (West) Employment Tribunal£821.40+£70.40Cap applies
StockportManchester Employment Tribunal£717.00£34.00Cap does not apply
DerbyMidlands (East) Employment Tribunal£794.60+£43.60Cap applies
NorthamptonBedford Tribunal Hearing Centre£729.10£21.90Cap does not apply
CambridgeCambridge County Court and Family Court£876.10+£125.10Cap applies
HullHull Tribunal Hearing Centre£692.70£58.30Cap does not apply
BradfordLeeds Employment Tribunal£688.00£63.00Cap does not apply
Stoke-on-TrentNorth Staffordshire Justice Centre£696.90£54.10Cap does not apply
ReadingReading Tribunal Hearing Centre£954.40+£203.40Cap applies
OxfordReading Tribunal Hearing Centre£827.40+£76.40Cap applies
CroydonLondon South Employment Tribunal£802.50+£51.50Cap applies
MaidstoneAshford Tribunal Hearing Centre£704.20£46.80Cap does not apply
CheltenhamSwindon Magistrates’ Court£809.80+£58.80Cap applies
IpswichBury St Edmunds County Court and Family Court£692.30£58.70Cap does not apply
WarringtonManchester Employment Tribunal£807.40+£56.40Cap applies
BournemouthSouthampton Combined Court Centre£727.40£23.60Cap does not apply
SwanseaSwansea Civil Justice Centre£709.70£41.30Cap does not apply
YorkLeeds Employment Tribunal£766.40+£15.40Cap applies
BrightonHavant Justice Centre£755.20+£4.20Cap applies
ChelmsfordEast London Tribunal Hearing Centre£791.30+£40.30Cap applies
ColchesterBury St Edmunds County Court and Family Court£753.40+£2.40Cap applies
DundeeDundee Tribunal Hearing Centre£709.50£41.50Cap does not apply
PlymouthPlymouth Magistrates’ Court£711.60£39.40Cap does not apply
BathBristol Civil and Family Justice Centre£747.50£3.50Cap does not apply
SwindonSwindon Magistrates’ Court£759.50+£8.50Cap applies
PeterboroughBoston County Court and Family Court£729.60£21.40Cap does not apply
LincolnLincoln Magistrates’ Court£694.50£56.50Cap does not apply
GuildfordReading Tribunal Hearing Centre£876.80+£125.80Cap applies
ChesterMold Justice Centre£729.70£21.30Cap does not apply
ExeterPlymouth Magistrates’ Court£684.20£66.80Cap does not apply
United Kingdom— £766.60 +£15.60 Cap applies

Source: ONS Annual Survey of Hours and Earnings 2025 (workplace analysis), via Nomis, full-time workers, median, gross weekly pay. Weekly cap: GOV.UK, 2026/27.

More cities will be added. Each of these was written from that city’s own tribunal listing and earnings data rather than from a template, which is why some of them reach opposite conclusions about the same statutory figure.

Holding an agreement and a deadline?

Send your postcode and the deadline you have been given. Nothing is charged to you. We pass an enquiry to a firm only with your agreement, and only to a firm entitled to receive it.

How busy the tribunal actually is

Every settlement offer is priced against one thing: what it would cost the employer to say no. That makes the size of the tribunal queue the most underrated number in this process, and HMCTS publishes it.

In April to June 2026 the employment tribunal received 25,122 jurisdictional complaints and disposed of 11,232. About 2.24 arrived for every one that left. The open caseload at the end of the quarter was 100,338 — which, at that quarter’s disposal rate, is roughly 8.9 quarters of work before a single new claim is added.

That last figure is our arithmetic, not a published waiting time

HMCTS does not publish an average time from claim to hearing in this release. Dividing the open caseload by one quarter’s disposals shows the scale of the backlog; it is not a prediction of how long any particular case would take. We would rather say that than let a calculation pass for a statistic.

Employment tribunal single-claim receipts by region, April to June 2026
RegionSingle claims ShareJurisdictional complaints Average per claim
London3,59132.1%8,0982.26
South East2,04818.3%4,4782.19
Midlands1,93617.3%4,4122.28
South West1,0159.1%2,3222.29
North West8637.7%1,8472.14
North East8217.3%1,7712.16
Scotland6726.0%1,6212.41
Wales2562.3%5732.24
All regions 11,202100% 25,122 2.24

HMCTS management information for April to June 2026, covering cases on the Reform case management system and single claims only. It is not official statistics and the figures are provisional. Source: Tribunals statistics quarterly: April to June 2026, published 10 September 2026, Annex C table C_1_R. HMCTS does not publish which hearing venue sits in which administrative region, so no city on this site is said to be counted in a particular row unless the region name is the geography — London, Wales and Scotland.

Two things there are worth a second look. The average number of separate complaints per claim is a shade over two in every region, which is the practical reason a settlement agreement has to list the claims it settles by name rather than waving at all of them: section 203(3)(b) of the Employment Rights Act 1996 requires it to relate to the particular proceedings, and a typical claim is more than one proceeding. And the spread between the busiest and the quietest region is more than tenfold, which is worth knowing before you accept anyone’s confident assertion about how quickly a hearing comes round.

A note on Scotland

Employment rights are reserved to the UK Parliament under Schedule 5 of the Scotland Act 1998, so the Employment Rights Act 1996 applies in Scotland exactly as it does in England and Wales — the statute is printed with an extent of England, Wales and Scotland. The same six conditions, the same independent adviser requirement, the same time limits.

What differs is everything underneath the tribunal: a separate 1994 jurisdiction order, the sheriff court rather than the county court, and a statutory rule that keeps claims up to £100,000 in the sheriff court exclusively. It changes nothing about what you sign and quite a lot about what happens if the other side does not honour it. The detail, with the instruments named.

A note on Northern Ireland

Northern Ireland is not covered by any of the statutes above. The Employment Rights Act 1996 says of itself that it does not extend there; the equivalent is the Employment Rights (Northern Ireland) Order 1996, the document is still called a compromise agreement, claims go to an industrial tribunal, and early conciliation runs through the Labour Relations Agency rather than Acas. Several of the numbers differ too. Belfast and Northern Ireland, set out against the British rules.

Common questions

What does a settlement agreement solicitor do?

Checks that the agreement meets the six conditions in section 203(3) of the Employment Rights Act 1996, explains the claims you are giving up and the effect on your right to go to a tribunal, checks the payments and the other terms, and signs to confirm that independent advice was given.

Who pays for a settlement agreement solicitor?

Usually the employer contributes, but it does not have to. Acas says the employer should consider offering to pay the cost of independent advice, and that if it does, it helps make sure the worker gets the advice they need.

What is a settlement agreement solicitor?

It is shorthand rather than a job title. What the law requires is a 'relevant independent adviser' as defined by s.203(3A) of the Employment Rights Act 1996: a qualified lawyer, a certified and authorised trade union officer, or a certified and authorised advice centre worker. A solicitor is the usual route because most people do not have the other two available, not because the statute prefers them.

Can I use any solicitor, or does it have to be an employment specialist?

Any qualified lawyer can satisfy the statutory condition, provided they are insured for the advice and are not acting for your employer. Whether any qualified lawyer is the right choice is a different question: the statutory advice is about the terms and effect of the agreement, and someone who reads these weekly will spot a mis-stated notice period or a covenant problem that a generalist may not.

How do I know a firm is regulated?

Every solicitors' firm in England and Wales is on the Law Society's Find a Solicitor register and on the SRA's own register; in Scotland the equivalent is the Law Society of Scotland. Both are free to search and take under a minute. We would only ever pass an enquiry to a firm authorised to do the work, and you should check for yourself whoever you instruct — it is a public register precisely so that you can.

Does it matter where the solicitor is based?

Less than people expect for the sign-off itself, which is routinely done by phone and email. It matters for two things: whether they practise in the right jurisdiction — Scotland is a separate legal system with its own courts underneath the tribunal — and whether they know the local tribunal well enough to tell you what the realistic alternative to settling looks like.

What should I have ready before the first call?

The agreement itself if you have it, your contract, your last three payslips, the date you were told to sign by, and any grievance or disciplinary correspondence. If you have run our calculator, the two-part breakdown as well — it turns the first ten minutes of the call from data gathering into advice.

Do you recommend a particular firm?

No. We do not rank, score or rate firms and we do not attempt to identify the 'right' one for you. An enquiry goes to a firm only with your agreement. Because the only payment we would ever accept is a fixed fee per enquiry agreed in advance, rather than a share of anything a firm earns, we would have no financial reason to prefer one firm over another.

Sources cited on this page

  1. Employment Rights Act 1996, s.203(3A)–(3B) — who is a relevant independent adviser
  2. Employment Rights Act 1996, s.203(3) — the six conditions
  3. Employment Rights Act 1996, s.203(4) — meaning of qualified lawyer
  4. HM Courts & Tribunals Service — court and tribunal finder
  5. ONS Annual Survey of Hours and Earnings 2025, via Nomis
  6. GOV.UK — Redundancy pay (the weekly cap)
  7. Acas — Making a formal offer
  8. MoJ / HMCTS — Tribunals statistics quarterly: April to June 2026 (Annex C, receipts by region)

Every figure above was read from the source it is attributed to on 19 September 2026. How we check this.

Send an enquiry

Six quick questions. Your details are the last step, never the first.

Step 1 of 6
Where are you up to?

A solicitor needs to know whether there is a document to read yet.

What do you want out of this?

There is no wrong answer. It decides whether a firm books you a sign-off slot or opens a negotiation, and those are different pieces of work.

When have you been asked to sign by?

The Acas Code of Practice recommends at least 10 days. If you have been given less, that is worth a solicitor knowing before anything else.

How long have you worked there?

Length of service decides your statutory notice, whether statutory redundancy pay applies, and whether ordinary unfair dismissal is available to you at all.

Is your employer paying towards the legal advice?

Employers usually contribute, because the agreement is not valid without independent advice. They are not obliged to. Knowing the figure up front stops you being put in front of a firm whose fee does not fit it.

Where should the firm reach you?

This is the only step that asks for personal details.

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