NHS MARS Settlement Agreement
Who This Service Is For
Our MARS agreement service is for employees who have been offered a voluntary exit under a mutually agreed scheme. For employees, we explain your rights, the financial package being offered, and any impact on future employment or benefits. For employers, we ensure the process is fair, legally sound, and minimises the risk of future claims.
What We Cover
Review of MARS Terms: We go through your agreement in detail, explaining each clause and ensuring you understand exactly what you are agreeing to before you sign. For the agreement to be legally binding, you must receive independent legal advice from a qualified solicitor, and the adviser must sign a certificate within the agreement to confirm this. This is a legal requirement under the Employment Rights Act 1996 for any settlement agreement.
Negotiation of Exit Packages: If the proposed package is not in your favour, we can negotiate on your behalf to improve terms such as notice pay, bonuses, pension contributions, or references. We will also explain the legal effect of signing, including that you will usually be waiving your right to bring most future claims against your employer relating to your employment or its termination. Certain rights, such as accrued pension benefits, personal injury claims not yet known, or rights under the agreement itself, cannot be waived.
Drafting Agreements for Employers: For employers, we draft clear, compliant MARS agreements designed to meet your business objectives while protecting against legal challenges.
Tax & Benefits Advice: We advise on the tax treatment of any payments and how accepting the agreement could affect your entitlement to future benefits or pensions. We also clarify that MARS schemes are voluntary arrangements and are separate from statutory redundancy rights. This means statutory redundancy payment rules do not automatically apply unless specifically provided for in your agreement.
Post-Exit Restrictions: We check for clauses that might limit your future work opportunities and advise on how to manage or negotiate these terms.
