In some cases, the answer is yes. Although NHS MARS (Mutually Agreed Resignation Scheme) agreements are often based on a standard scheme operated by an NHS Trust, this does not always mean every aspect of the agreement is fixed. The scope for negotiation depends on the terms of the relevant MARS scheme, your individual circumstances, and whether there are any legal or practical issues that the parties wish to resolve as part of the agreement. It is therefore sensible not to assume that the first draft is necessarily the final version.
What can be negotiated in an NHS MARS settlement agreement?
The extent to which an NHS MARS settlement agreement can be negotiated varies from case to case. Many Trusts apply fixed payment calculations under their MARS policy, meaning the financial package itself may be limited. However, there may still be scope to negotiate other terms of the agreement, such as the wording of an agreed employment reference, confidentiality provisions, announcements about your departure, the treatment of notice pay or outstanding contractual benefits, and the timing of your exit where appropriate.
Where there are potential employment law issues, such as discrimination, whistleblowing, breach of contract, or other workplace disputes, there may also be greater scope for negotiating the overall terms of the settlement. In those circumstances, an employer may be willing to agree revised terms in return for the employee waiving potential legal claims.
When should you consider negotiating?
You should consider negotiating an NHS MARS settlement agreement if you believe the proposed terms do not properly reflect your circumstances or if there are wider employment issues that have not been addressed. Employees with potential legal claims, lengthy service, or senior roles may have greater leverage, although this will depend on the facts of each case and the employer's willingness to negotiate. Before accepting any offer, it is important to understand the legal effect of the agreement and whether there are reasonable grounds for requesting changes.
Why independent legal advice is essential
A settlement agreement is only legally binding if you receive independent legal advice from a qualified adviser who meets the statutory requirements. Your adviser will explain the legal effect of the agreement, advise you on the rights you are giving up, and consider whether the terms are consistent with your legal position. Where there is a reasonable basis for doing so, your solicitor may also negotiate amendments to the agreement on your behalf. Obtaining independent legal advice helps ensure that you understand the agreement before signing and that any opportunities to improve the terms are properly considered.
