If your medical negligence claim is successful, you may be entitled to financial compensation. Financial compensation is for your pain and suffering, and any past or future financial losses which result from your injury. 

It is possible that the NHS Trust or medical professional responsible for your care will face disciplinary action,. However, your claim cannot demand that disciplinary action be taken, although where relevant we may assist in a recommendation being made. 

It’s also possible for procedures to change as learnings about what went wrong are implemented. This means you will have helped to make it less likely that the incident may happen again to someone else.

Talking to an expert about what happened may also help you as the medical negligence lawyer will listen to you and help you to understand what happened.

A settlement agreement is a legally binding agreement between employer and employee.  It would usually provide for a sum of money to be paid by the employer to the employee, in return for agreement by the employee, not to pursue any claims against the employer in the employment tribunal or courts.

The agreement will usually contain clauses relating to confidentiality and may also include an agreed reference and clauses relating to post termination restrictions.

It can be used in various scenarios including redundancy, disciplinary and performance issues or grievances and settling work place disputes.

They are the same thing essentially. In July 2013 the government introduced some changes including pre-termination negotiations and at the same time changed the name from compromise agreement to settlement agreement.

It means that any discussions or negotiations between the parties are confidential and “off the record” and cannot usually be used against the other party, if the negotiations break down and a claim is brought in the court or tribunal. An employer may also commence what is known as a “protected conversation” which is similar. If the employee has been placed under undue pressure or there is no genuine dispute, the discussions may not be “without prejudice” or protected from disclosure. Care should be taken in what is said in such communications, and you should seek specialist legal advice.

There is no set method or formula to calculate what you should get under a settlement agreement, however, at a minimum you should receive any contractual payments (i.e. salary and benefits to termination, any accrued but untaken holiday at termination, notice pay, any contractual bonus/commission/shares etc).  In addition to this it is usual for the employer to offer a payment as compensation for loss of office. 

If the reason for termination is redundancy this should include any entitlement to a statutory redundancy payment.  The first £30,000 of any compensation payment should be able to be paid tax free so long as it is not made up of any contractual elements.  Employers generally offer between 1 to 6 months salary on top of the contractual entitlements.

Payments of up to £30,000, which are not made up of any notice or other contractual elements, can often be paid without any deduction of tax. However, we strongly recommend you take specialist advice from an accountant on the tax treatment of lump sums received , particularly in complex transactions involving, for instance a transfer or sale of shares, alongside leaving employment. At Tees we will work with your accountants and can provide you with specialists to assist you.

It is usual for an employer to offer a contribution towards legal fees but there is no legal requirement for them to do so. Contributions are usually between £350 and £750 plus VAT but it depends on the employer.  We try to stick within the contribution offered by the employer where possible but if you require us to negotiate with the employer, costs could rise above this and unless the employer agrees to increase their contribution, you would be responsible for any costs in excess of the contribution. 

For the settlement agreement to be legally binding the employee must take independent legal advice so that they understand the terms of the agreement and the implications of signing it.  Once it is signed by both parties it is open (that is, no longer "off the record" as part of a without prejudice negotiation) and binding.

If you're still employed, then, unless you're unfit for work or on leave, you should follow all reasonable instructions including to attend a meeting. If you are unwell, then the negotiations may be undertaken by email or other correspondence. If you don’t feel you can face the negotiations, or would prefer someone to deal with the key issues and legal jargon on your behalf, your solicitor can contact your employer, or their solicitors, if they have legal representation too. That is often a good way to ease the pressure on you and allows your adviser to cut to the key issues for you. 

Your employer will take into account your length of service when calculating redundancy pay and notice. An employee’s past record may be relevant if the employer is considering particularly good service or loyalty, or misconduct issues, when choosing what it wants to offer.

The employer is under no obligation to offer a minimum or maximum additional compensation on a settlement, so each employer is likely to take into account various different factors which sometimes includes prior record. It may also be relevant to the reference given, though most employers will take care to give a factual reference only.