Do I Have to Use the Solicitor My Employer Recommends?

What the law actually requires

Before a settlement agreement is legally binding, you must receive independent legal advice from a qualified solicitor or other relevant adviser. This is set out in Section 203 of the Employment Rights Act 1996.

The key word is independent. The advice must come from someone who is not connected to your employer or acting in your employer's interests. It must be advice given on your behalf, about your situation.

Your employer cannot tell you which solicitor to use. They can suggest one. They cannot insist.

Why employers recommend a specific solicitor

Most employers suggest a solicitor as a practical convenience. In straightforward situations, the recommended solicitor may be perfectly competent and entirely fair.

However, the recommended solicitor has typically handled settlement agreements for that employer before. They know the employer's HR team. They may have a commercial relationship with the business.

That does not mean they will give you bad advice. But it does mean their existing relationship is with your employer, not with you. That is worth knowing before you decide.

What “independent” actually means

Independent legal advice means the solicitor is acting solely in your interests. They have no connection to your employer. They are not looking to maintain a relationship with your employer's HR department for future work.

A genuinely independent solicitor will tell you honestly whether your offer is fair, whether there is room to negotiate, and whether any aspect of the agreement raises concerns. Their only obligation is to you.

Your employer still pays the fees

Whichever solicitor you choose, your employer is typically required to cover the cost of your legal advice. The standard contribution is £350 to £750 for a straightforward case. This is part of the settlement arrangement and applies regardless of which solicitor you select.

You are not penalised financially for choosing your own solicitor. The contribution stays the same.

When the recommended solicitor is fine

Choosing your own solicitor is a right, not an obligation. If you have already spoken to the solicitor your employer suggested and feel comfortable, that can be a perfectly reasonable route.

The question to ask yourself is this: does this solicitor's advice feel honest and complete, or does it feel like they are steering you towards signing quickly?

If the advice feels rushed, if they seem reluctant to discuss whether you could negotiate more, or if they are dismissing your questions, those are signs it may be worth getting a second opinion.

When to choose your own solicitor

Consider finding your own solicitor if:

• Your employer has a long-term relationship with the recommended firm
• You feel the recommended solicitor is not giving you enough time
• You want to understand whether your offer could be higher before signing
• You have concerns about discrimination, unfair treatment, or other circumstances your employer may not want examined closely

In any of these situations, your interests are better served by someone who has no prior relationship with your employer.

How to find an independent settlement agreement solicitor

You can search for employment solicitors in your area through the Solicitors Regulation Authority's website, which lists all SRA-regulated solicitors in England and Wales.

When you contact a solicitor, ask whether they specialise in settlement agreements and whether they have any existing relationship with your employer or their legal team. A good solicitor will answer both questions directly.

Alternatively, you can use SettlementCheck to get matched with a vetted settlement agreement specialist within 24 hours. Every solicitor on our panel is SRA-regulated and handles settlement agreements regularly. None of them have a commercial relationship with your employer.

What to say to your employer

You do not need to explain or justify your choice of solicitor to your employer. A simple response along the lines of “I will be arranging my own independent legal advice” is sufficient. Your employer cannot delay or withhold the settlement process because you chose a different solicitor.

If your employer objects or tries to pressure you into using their recommended solicitor, note that down. An independent solicitor can advise you on whether that constitutes undue pressure.