How much should I get in a settlement agreement?

There's no set amount — it depends on your circumstances. As a rough guide, settlement offers are often 1–6 months' gross salary, though this can be far higher if you have strong tribunal claims. Key factors include: your length of service (which determines statutory redundancy), the strength of any legal claims, how much your employer wants to avoid a tribunal, your salary and benefits, and whether you've already secured a new job. A specialist employment solicitor can assess what a reasonable offer looks like in your situation.

Do I have to pay tax on a settlement agreement?

The first £30,000 of a genuine termination payment (excluding notice pay and holiday pay) is tax-free. Salary, contractual notice pay, holiday pay, and benefits in kind are taxed as normal earnings. Post-employment notice pay (PENP) — calculated when your employer terminates early without requiring you to work your notice — is also taxed. It's important that your agreement correctly allocates the payment between different elements to maximise the tax-free amount.

Can I negotiate a settlement agreement?

Yes — and you should. The first offer is almost always negotiable. Points to negotiate include the financial amount, the ex-gratia (tax-free) allocation, a positive reference, an agreed announcement to colleagues, the settlement of outstanding holiday or bonuses, contribution to legal fees (typically £500–£1,000+VAT), the timeline for signing, and garden leave arrangements. Having a solicitor negotiate on your behalf often results in a significantly better outcome.

Settlement Agreement Guide UK — What to Know Before You Sign | PocketWise

Q: What is a settlement agreement?

A settlement agreement (formerly called a compromise agreement) is a legally binding contract between you and your employer. In exchange for a financial payment (and sometimes other benefits), you agree to waive your right to bring most employment claims against your employer. They're commonly used in redundancy situations, mutual exits, and to resolve workplace disputes without going to an employment tribunal. You must receive independent legal advice for the agreement to be valid.

If your employer offers you a settlement agreement, understanding your rights and negotiating well can be worth thousands of pounds.

What Is a Settlement Agreement?

Element	Detail
Definition	A legally binding contract waiving your employment claims in exchange for a financial package
Formerly called	Compromise agreement
Legal basis	Employment Rights Act 1996, s.203
Legal advice required?	Yes — must be signed by an independent legal adviser
Who pays for legal advice?	Your employer usually contributes £500–£1,000+VAT
Voluntary?	Yes — you don’t have to accept
Time to consider	Usually 10–14 days (ACAS recommends at least 10)

When Are They Used?

Situation	Detail
Redundancy	Employer offers enhanced terms in exchange for waiving claims
Performance issues	Employer wants you to leave but avoids a formal dismissal
Workplace dispute	Resolves a grievance or other conflict without a tribunal
Mutual exit	Both sides agree it’s best to part ways
Restructuring	Senior employees given exit packages
After a disciplinary	Alternative to dismissal where both sides prefer a clean break

What’s Usually Included

Component	Detail
Ex-gratia payment	The main termination payment — first £30,000 is tax-free
Notice pay	Contractual or statutory notice (taxed as earnings)
Outstanding holiday	Payment for accrued but untaken holiday (taxed)
Bonus	Any bonus due or pro-rata bonus (taxed)
Pension contributions	Final contributions or enhanced pension payment
Legal fees contribution	Typically £500–£1,000+VAT for your solicitor
Reference	Agreed wording for future reference
Announcement	Agreed wording for internal/external communication
Non-derogatory clause	Both sides agree not to speak negatively about the other
Confidentiality clause	Not to disclose the terms of the agreement
Restrictive covenants	Non-compete or non-solicitation clauses (check these carefully)

Tax Treatment

Payment type	Tax treatment
Ex-gratia (termination) payment	First £30,000 tax-free — remainder taxed at your marginal rate
Contractual notice pay	Taxed as normal earnings (income tax + NI)
Payment in lieu of notice (PILON)	Taxed as earnings if contractual; may be partly tax-free if non-contractual
Post-employment notice pay (PENP)	Taxed as earnings (calculated formula)
Holiday pay	Taxed as normal earnings
Bonus	Taxed as normal earnings
Pension contributions	Can be paid tax-free direct to your pension (subject to allowances)
Legal fees	Paid direct to your solicitor — not taxable
Outplacement/counselling	Usually tax-free if arranged by employer

Maximising Tax Efficiency

Strategy	Detail
Allocate maximum to ex-gratia	Ensure the £30,000 allowance is fully used
Direct pension contribution	Amounts paid into your pension avoid tax (within annual allowance of £60,000)
Separate legal fees	Employer pays solicitor directly — not counted as your income
PILON calculation	Ensure PENP is correctly calculated — overstating it means unnecessary tax

How Much Should You Get?

Factor	Impact on amount
Length of service	More service = higher expectation (statutory redundancy as a minimum)
Strength of legal claims	Strong discrimination/unfair dismissal claim = much higher offers
Your salary and benefits	Higher salary = higher settlement
Employer’s motivation	If they need you out quickly, they’ll pay more
Risk to employer	Tribunal costs and reputational risk increase their willingness to pay
Whether you have a new job	If you’ve already secured a new role, your loss is lower
Your age and market	Harder to find a new role = higher claim for future loss

Rough Guide to Settlement Amounts

Situation	Typical range
Simple redundancy (no claims)	Statutory redundancy + 1–3 months’ salary
Potential unfair dismissal claim	3–6 months’ salary
Strong discrimination claim	6–12+ months’ salary
Senior/executive exit	6–24+ months’ salary
Whistleblowing claim	6–18+ months’ salary

These are rough guides only — every situation is different.

Negotiation Tips

Tip	Detail
Don’t accept the first offer	It’s almost always negotiable
Get legal advice immediately	A solicitor can assess the true value of your claims
Know your claims	Unfair dismissal, discrimination, whistleblowing — each has different values
Calculate your statutory entitlements	Know your minimum (redundancy pay, notice, holiday)
Ask for more legal fees	If negotiation is complex, request a higher contribution (£1,500–£3,000+)
Negotiate the reference	Get the wording agreed in writing as part of the agreement
Consider pension contributions	Tax-efficient way to receive part of the settlement
Check restrictive covenants	Negotiate to reduce or remove non-compete clauses
Don’t feel pressured	You have the right to take time — ACAS recommends at least 10 days

The Process

Step	What happens
1	Employer makes an offer (verbally or in writing — may be a “protected conversation”)
2	You receive the draft settlement agreement
3	You instruct an employment solicitor (employer contributes to fees)
4	Solicitor advises on the terms and negotiates improvements
5	Agreement is finalised
6	You sign, your solicitor signs the certificate of independent advice
7	You receive payment (usually within 14–28 days of your termination date)

Protected Conversations

Feature	Detail
What they are	Conversations where your employer can discuss exit terms “off the record”
Legal basis	Employment Rights Act 1996, s.111A
Key protection	If negotiations fail, the conversation cannot be used as evidence in an unfair dismissal tribunal claim
Exception	Does NOT protect the employer if there is discrimination, whistleblowing, or other automatically unfair conduct
Practical tip	If your employer says “without prejudice” or “protected conversation” — they’re signalling a deal

When NOT to Sign

Scenario	Why
The offer is too low	Negotiate or walk away — once signed, you can’t claim more
You haven’t had legal advice	The agreement is void without independent legal advice
You don’t understand the terms	Ask your solicitor to explain everything
There are ongoing issues (e.g. personal injury)	Some claims may be excluded from the agreement
The restrictive covenants are unreasonable	They could prevent you working in your field
You think you might have a strong tribunal claim	Assess the value with a solicitor first