November 2024

Navigating settlement agreements this festive season

Posted on 2 November 202421 March 2025 by Sarah O'Sullivan

Every year as the festive season rolls in, so do the enquires about settlement agreements. Financial pressures, year-end reorganisations, and planning for the new year often lead to what can be challenging conversations in the workplace. Whether you are an employer looking to resolve a workplace issue or an employee faced with an unexpected offer, understanding how to approach settlement agreements is key to achieving a fair and smooth resolution.

Handled well, settlement agreements can benefit both parties. Mishandled, they can lead to misunderstandings, delays, or even legal disputes.

At Tees Law, my colleagues and I in the employment team, advise both employers and employees, helping them navigate the process with confidence. We have set out some key hints and tips below for how both sides can approach settlement agreements effectively and try to avoid unnecessary stress during this bustling time of year.

Why settlement agreements spike in winter

For many employees, being presented with a settlement agreement just before the holidays can feel overwhelming. For employers, it can be a practical way to resolve disputes, end employment relationships amicably, and avoid the uncertainty of future claims. However, the key to success lies in handling these agreements thoughtfully and strategically.

Tips for employers: getting it right

If you are offering a settlement agreement to an employee, consider the following tips to set the process on the right track:

Give them time: Employees are entitled to take time to consider the agreement. While there is no hard-and-fast legal rule, ACAS guidance suggests giving them at least 10 calendar days. A rushed process can feel heavy-handed and is unlikely to foster cooperation and if approached in the wrong way could mean that otherwise protected conversations may be admissible in contested proceedings.
Recommend trusted advisors: Many employees will not know where to start when seeking legal advice. While they have the right to choose their own solicitor, offering a list of reputable employment lawyers, like Tees, can save them time and stress. Many of the employees we assist have spent days calling around before finding the right support.
Offer a reasonable contribution to legal fees: Covering legal fees is not mandatory, but a contribution shows goodwill and makes it easier for employees to seek advice. Without it, employees may hesitate to proceed, delaying resolution.
Show empathy: Imagine being handed a settlement agreement in the run-up to Christmas. It is a challenging time, and empathy can go a long way. Consider flexible arrangements, like offering garden leave or discussing whether they would prefer to work (or not) while deciding. Demonstrate understanding—it will make a significant difference in tone and outcomes.
Be clear and fair: If your offer is non-negotiable, set this out plainly. Make it reasonable, explain how it is calculated, and detail the benefits in specific monetary terms. Employees are more likely to agree when they—and their solicitor—see that the offer is thoughtful and fair and understand the employer’s perspective.
Draft with precision: Poorly drafted agreements create delays and increase costs. Ensure all terms are clear. If you are unsure, consulting an employment law solicitor early can save time, costs and effort later.
Consider flexibility on non-competes and notice periods: Non-compete clauses or decisions on payment in lieu of notice can be restrictive. Offering garden leave or taking a more flexible approach can set a cooperative tone and make the agreement more appealing. For employees on visas or those utilising benefits, garden leave can be especially valuable.
Communicate departure sensitively: Leaving a role is a significant moment, and most employees want to depart with their reputation intact. Work with them to agree on how and when the departure is communicated. This collaboration can help preserve goodwill on both sides.

Tips for employees: getting it right

If you have been offered a settlement agreement, do not panic—it is an opportunity to clarify your position and negotiate terms that work for you. Here is how I suggest you approach it:

Do not feel pressured: You are entitled to time to review the agreement and seek legal advice. If the deadline feels tight, ask for an extension—most employers will understand the need for time to consider an offer, within reason.
Seek legal advice: Settlement agreements are complex, and independent legal advice is essential. A solicitor can help you understand your rights, assess the terms, and negotiate on your behalf if needed.
Understand what is being offered: Ensure you understand all aspects of the offer, from financial compensation to restrictive clauses like non-competes. A solicitor can clarify how these might affect your future.
Consider negotiation: If the offer seems unfair, do not be afraid to negotiate though your bargaining position and whether it would be worth seeking more will depend on the circumstances. Take advice on what is viable.
Plan your next steps: Whether you agree to the terms or not, think about how the situation aligns with your career goals and objectives. Focus on end aims rather than the emotion of facing these changes. Consider discussing how your departure will be communicated to protect your reputation.

Key considerations for both parties

Clarity is crucial: Whether drafting or reviewing a settlement agreement, ensure the terms are precise and leave no room for misinterpretation.
Flexibility helps: Employers and employees who approach the process with flexibility are more likely to reach a mutually beneficial outcome.
Professional advice is essential: Settlement agreements are legal documents—not only is advice necessary to make the agreements binding, seeking expert advice can prevent costly mistakes.

The festive season may bring challenges, but with the right approach, you can ensure that everyone enters the new year on solid ground. Reach out to our employment law team today for tailored advice that works for you.

Let us help you navigate these seasonal spikes with confidence—because everyone deserves a fair resolution, no matter the time of year.

Have you agreed on Christmas holiday arrangements for your children?

Posted on 1 November 202422 March 2025 by Sarah O'Sullivan

he holiday season can be stressful for divorced parents. In this article, we will discuss how to best plan for the festive period.

Every year our family law solicitors advise parents who are facing difficult questions around the Christmas holidays following separation. For a lot of families, issues tend to centre around deciding who the children will spend Christmas day or New Year with and what happens when a parent faces spending a period of the festive season without seeing their children.

Plan ahead where possible

Most families adjust to life after separation with children spending time during the festive period with both parents. If handled sensitively, children adjust quickly and look forward to the opportunity to share their Christmas holiday celebrations with both parts of their family.

Usually, it is the parents who find adjusting to not being able to be with their child over the entire Christmas period the hardest. The key is to plan ahead, don’t leave difficult decisions to the last minute and have an open line of communication with your co-parent, if possible

Consider the bigger picture

Some parents tell us that they dread the onset of the festive period and struggle to accept the new arrangements. Long term, the aim is to be able to co-parent over the holiday periods and in such a way that your child will understand that both parents love them and want to spend positive periods of time with them. However, we understand that separation can be a bumpy road, so it’s easier for some to achieve this than others.

The welfare and best interests of your child are the most important factors to be considered and it is often difficult for parents to come to terms with not seeing their child on Christmas Day when this has been the norm previously. Focus instead on making the time that you will spend with your child during the festive period a special occasion.

If your co-parenting relationship allows it, consider whether you could facilitate a short video call with your co-parent and your child over the festive period if they are not going to be spending time with them, allowing your child to share the special occasion with both their parents.

Talk to each other

If there are no welfare issues and you are struggling to reach an agreement with your co-parent about sharing a festive period, it’s usually quicker and cheaper to try to resolve matters by agreement rather than going to court. This can include using the services of a mediator, who is a neutral third party trained to help facilitate conversations between you and your co-parent on topics where you do not agree. They will arrange a meeting with your former partner, and their solicitor (if any/appropriate) to agree how childcare over the Christmas holidays will be split. Communication is key: airing your thoughts normally pays off, allowing you to negotiate a fair, practical agreement over the festive season well in advance.

Ensuring your child can spend time with both parents and their extended family is often a consideration. Your plans don’t have to focus around the grandparents’ availability but making sure your child can see their extended family over the Christmas holidays is important to the entire family.

Don’t leave your plans to the last minute

If you think Christmas is going to be a problem, seek legal advice well in advance. This will give you time to reach an agreement that suits the needs of both parents and your children.

If you’re struggling to agree on plans this year—or any other time of year—try speaking to a neutral third party or mediator to help you plan as much as possible. Clare Pilsworth and Helen Midgeley are mediators based in our Cambridge and Bishop’s Stortford offices, respectively, and they would be happy to discuss making the most of the festive period this year with you and your co-parent.

Tees shines a light on men’s mental health

Posted on 1 November 202422 March 2025 by Sarah O'Sullivan

As Movember continues to shine a spotlight on men’s mental well-being, it’s essential to address the often-overlooked emotional and physical impacts of divorce and family breakdown. Understanding these challenges can encourage men to seek support, reduce stigma, and improve mental health outcomes.

The emotional toll of divorce on men’s mental health

Movember, a global movement raising awareness of men’s health for over 20 years, highlights critical issues such as depression, anxiety, and the alarming rates of suicide among men. Divorce can intensify these challenges, leading to overwhelming emotions like sadness, anger, guilt, and loneliness. The shift in family dynamics, financial strain, and uncertainty about the future can further exacerbate mental health concerns.

Unchecked emotional stress may also manifest physically, contributing to sleep disturbances, weakened immune systems, and unhealthy lifestyle habits. Without proper support, these challenges can have lasting consequences.

Breaking the stigma: Encouraging men to seek support

Societal expectations often discourage men from expressing their emotions. However, acknowledging and discussing mental health challenges is a crucial step toward healing. By seeking professional support, men can navigate the complexities of divorce with resilience and reduce the risk of long-term mental health issues.

Insights from Tees’ Family Law Team

Mark Chiverton, a solicitor in Tees’ Family team and a Resolution member, emphasises the importance of supporting men’s mental health during divorce. He notes:

“As a family lawyer, I strive to reduce the emotional strain of divorce by promoting a constructive approach and encouraging alternative dispute resolution methods. Movember serves as a powerful reminder that men’s mental well-being must remain a priority during this challenging time.”

He continues:

“Clients may not always express their emotional struggles, but that doesn’t mean they aren’t experiencing them. Recognising this allows me to offer more empathetic support and recommend professional mental health resources when needed.”

The importance of professional support

Seeking support from mental health professionals can provide men with coping strategies to manage stress and process emotions in a healthy manner. Psychotherapist Sarah Fahy advises:

“It’s okay to ask for help. Taking time to heal and rebuild is essential. Prioritising mental health through counselling, maintaining a balanced diet, exercising regularly, and getting adequate sleep can significantly improve well-being.”

For those looking for mental health support, directories such as the British Association of Counsellors and Psychotherapists (BACP) and the UK Council for Psychotherapy (UKCP) can help connect individuals with qualified professionals.

Moving forward: A path to resilience

Navigating divorce can be one of life’s most challenging experiences. However, with the right support network and self-care strategies, it’s possible to emerge stronger and more resilient. Prioritising mental health, acknowledging emotions, and seeking assistance when needed can help men rebuild their lives with confidence.

At Tees, we are committed to supporting our clients through every step of their journey. By fostering empathy and advocating for mental well-being, we contribute to a healthier future for all.

For further advice and assistance, reach out to our Family Law team at Tees. We’re here to help.