Can I choose my own solicitor for a settlement agreement?

Yes. Even if your employer names a solicitor or a law firm in the agreement, or offers to cover a specific firm's fee, the choice of who advises you is yours, not theirs.

Do I have to use the solicitor my employer suggests?

No. Employers often name a solicitor, or a shortlist of firms, in the settlement agreement letter, usually because it's convenient for them or because they have an existing relationship with that firm. You are not obliged to use them. The law only requires that you take advice from a "relevant independent adviser", most commonly a solicitor holding a current practising certificate, who is not acting for your employer in the matter. Beyond that, the choice of firm is entirely yours.

Why would an employer suggest a particular solicitor?

Usually for practical reasons: speed, an existing relationship, or a firm they know charges within the fixed fee they've budgeted for. It isn't automatically a problem. But the solicitor's job is to advise you, not your employer, regardless of who first suggested their name. If you'd feel more comfortable choosing independently, you're free to do so.

Does using a different solicitor cost me anything extra?

Not usually. Most settlement agreements include a fixed contribution towards your legal fees, commonly somewhere between £350 and £750 plus VAT, specifically for the advice you're legally required to get. As long as the solicitor you choose is willing to work within that contribution, or you're happy to cover any difference yourself, you can use any solicitor you like. Many firms that specialise in settlement agreements price their advice to fit within the standard employer contribution as a matter of course.

What should I look for when choosing a solicitor?

• SRA regulation. Confirm the solicitor is regulated by the Solicitors Regulation Authority and holds a current practising certificate
• Employment law specialism. Settlement agreements are a niche area; a solicitor who deals with them regularly will move faster and know what's typically negotiable
• Fee clarity upfront. Ask whether their fee fits within your employer's contribution, and what happens if it doesn't
• Independence. The solicitor must not also be acting for your employer in the same matter
• Responsiveness. If your deadline is tight, ask how quickly they can turn the advice around

What does the solicitor actually do?

They review the agreement, explain what it means and what you're giving up in return for the payment, flag anything unusual or worth querying, and then sign the certificate confirming you've received the independent advice the law requires. Some will also raise queries or push back on terms with your employer on your behalf, though the extent of that depends on the scope agreed and the fee available.

When will I actually get paid after signing a settlement agreement?

Timing varies by employer, but a few patterns are common. Your final payslip, covering any outstanding salary, accrued but untaken holiday pay, and often the settlement sum itself, is usually processed through your employer's normal payroll run following your termination date or the date the agreement is signed, whichever the agreement specifies. In practice this typically means payment within 7 to 28 days of signing, though some employers pay sooner and others build in a longer window, particularly for larger organisations with fixed monthly payroll cut-off dates.

What determines exactly when I'll be paid?

• The payment clause in your agreement. This should specify a date or a timeframe (for example, "within 14 days of the termination date" or "on the next available payroll date"). Read it carefully before signing
• Your employer's payroll cycle. If payroll runs monthly and you sign mid-cycle, you may have to wait for the next scheduled run rather than being paid immediately
• Whether the solicitor's advice certificate has been received. Employers typically won't release payment until they have confirmation that you've taken the independent advice the law requires
• Any conditions attached to payment. Some agreements split payment, releasing part on signing and the rest after a return of company property, or after a short delay to confirm no claim is brought

What if the payment date in my agreement isn't clear?

Ask for it to be specified before you sign, ideally as an exact date or a maximum number of days, rather than a vague reference to "the next payroll run". A solicitor reviewing your agreement will usually flag this and can ask your employer to confirm it in writing if it's missing.

What if my employer is late paying?

A settlement agreement is a legally binding contract. If your employer doesn't pay by the date specified, that's a breach of contract, and you (or your solicitor) can write formally to chase it. Persistent non-payment can, in principle, be pursued through the county court as a breach of contract claim, since by signing the agreement you'll usually have given up your right to bring an employment tribunal claim over the underlying dispute, but not your right to enforce the agreement itself.

Not sure where things stand, or want to check the wording on payment before you sign? Get in touch, and we'll put you in touch with an independent solicitor who can look at the detail.