SettlementCheck
Guides/Legal advice

Do I have to use the solicitor my employer recommends?

No. You are not required to use the solicitor your employer suggests. You have the right to choose any solicitor you want for independent legal advice. This is not a courtesy. It is built into the legal process.

The short answer

  • Your employer can suggest a solicitor. They cannot insist you use one.
  • The legal requirement is for independent advice. Any qualified, SRA-regulated solicitor satisfies this.
  • Your employer must still pay the legal fees contribution, regardless of which solicitor you choose.

1. 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 their interests. It must be advice given on your behalf, about your situation. Your employer cannot tell you which solicitor to use.

2. Why employers recommend a specific solicitor

Most employers suggest a solicitor as a practical convenience. In straightforward cases, the recommended solicitor may be competent and fair. But the relationship they have is with your employer, not with you.

What they may have done before

  • • Handled previous settlement agreements for that employer
  • • Built a working relationship with the HR team
  • • Developed a commercial relationship with the business

What that means for you

  • • They have an incentive to complete the process smoothly
  • • They may be less likely to push back on unfair terms
  • • They are not obligated to flag whether you could negotiate more

3. What "independent" actually means

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

Honest assessment of the offerA genuinely independent solicitor will tell you whether your offer is fair against the statutory minimums and typical market rates for your circumstances.
Willingness to negotiateThey will advise on whether a counter-offer is worth pursuing and, if so, how to frame it. An independent solicitor has no reason to rush you towards signing.
No conflict of interestTheir only obligation is to you. They are not weighing your case against their future commercial relationship with your employer.

4. Your employer still pays the fees

Whichever solicitor you choose, your employer is required to cover the cost of your legal advice. The standard contribution is £350 to £750 for a straightforward case.

  • You are not penalised financially for choosing your own solicitor. The contribution stays the same.
  • You should not pay anything out of pocket for the initial advice and review of the agreement.
  • If negotiation extends the scope, some solicitors will seek to recover additional fees from your employer as part of the settlement.

5. When to choose your own solicitor

Choosing your own solicitor is a right, not an obligation. The recommended solicitor may be perfectly adequate in many situations. But certain circumstances make independent advice more important.

A
Long-term employer relationship with the firmIf the recommended firm has handled multiple agreements for your employer, their incentive is to keep the process frictionless, not to maximise your outcome.
B
You feel rushed or under-advisedIf the solicitor seems reluctant to discuss negotiation, dismisses your questions, or is pushing you to sign quickly, those are signs the advice may not be fully independent.
C
Discrimination, whistleblowing, or disputed factsIf your case involves potential discrimination claims or protected disclosures, you need a solicitor with no reason to downplay those claims.
D
You want to know if the offer could be higherAn independent solicitor will give you an honest assessment of whether negotiation is realistic in your situation, and what a reasonable counter-offer might look like.

6. What to say to your employer

You do not need to explain or justify your choice of solicitor. A brief, factual response is all that is needed.

Example wording

“Thank you for the recommendation. I will be arranging my own independent legal advice.”

If your employer objects or applies pressure to use their recommended solicitor, make a note of it. An independent solicitor can advise on whether that constitutes undue pressure and whether it affects your position.

7. How to find an independent 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 two questions directly: do they specialise in settlement agreements, and do they have any existing relationship with your employer or their legal team? A good solicitor will answer both without hesitation.

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Frequently asked questions

Can my employer refuse to pay fees if I choose my own solicitor?

No. The legal fees contribution is part of the settlement process. Your employer cannot withhold it because you chose a different solicitor.

Does it take longer if I use a different solicitor?

Not usually. A solicitor who specialises in settlement agreements can typically review the agreement and provide advice within one to two days. Speed depends on the solicitor, not on which one your employer preferred.

What if the recommended solicitor has already started reviewing my agreement?

You can still change solicitor at any point before you sign. Nothing is binding until you have received independent legal advice and signed the agreement. If you want a second opinion, you are entitled to get one.

Is the solicitor my employer recommends likely to be biased?

Not necessarily biased, but their professional relationship is with your employer rather than with you. That does not guarantee poor advice. It does mean your interests and their interests are not perfectly aligned.

How much will a solicitor cost me?

Your employer covers the solicitor's fees for reviewing a settlement agreement. The standard contribution is £350 to £750. You should not have to pay anything out of your own pocket for the initial advice.

SettlementCheck is an independent introduction service. We are not a law firm and we do not provide legal advice. All solicitors on our panel are independently SRA-regulated. This guide provides factual information regarding the settlement process and does not constitute legal counsel.