What is an Adviser’s Certificate?
For a Settlement Agreement to be effective in settling statutory employment claims, the employee or worker must have received independent advice on the Settlement Agreement from a relevant independent adviser and the adviser must be identified somewhere within the settlement agreement.
An independent adviser is one of the following: –
- A qualified lawyer
- Law Centre staff or volunteers who are certified in writing by the law centre or voluntary organisation as competent to give advice.
- A Trade Union official certified in writing by their union employer as competent to give advice.
As it is a legal requirement to receive advice, employers will usually want proof of this and will therefore usually ask the adviser to sign a certificate to confirm this has occurred.
Further, as it is essential for an employee to receive advice from an independent adviser it is etiquette (rather than a legal requirement) for an employer to offer a contribution towards the employee’s legal fees, if relevant, (usually around £500 – £1,000 plus VAT).
If you are looking for a solicitor to advise you on a Settlement Agreement, please complete our contact form and will be in contact to arrange a suitable time to advise you.
