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A proposed exit can arrive with a short deadline, a large document and a figure that is difficult to judge. This dismissal settlement example shows how an agreement might be structured in practice, but it is not a formula for what you should accept. The fair value of a settlement depends on your role, length of service, contractual rights, the circumstances of your dismissal and the claims you may be giving up.

A settlement agreement is voluntary. Your employer cannot force you to sign it, and it will normally only be legally valid if you receive independent legal advice from a qualified adviser. That advice should help you understand both the money being offered and the obligations that continue after your employment ends.

A realistic dismissal settlement example

Imagine that Priya is a marketing manager earning £52,000 a year. She has worked for her employer for six years. Following a disagreement about a proposed restructure and concerns about how her performance has been managed, the employer proposes that her employment ends by mutual agreement rather than through a formal dismissal process.

Her employer offers the following terms:

• Employment ends on 31 July.
• Priya receives her normal salary and benefits up to that date.
• She is paid £2,000 for untaken holiday.
• She receives £4,000 in lieu of her contractual notice period.
• She is offered a £16,000 termination payment.
• The employer contributes up to £500 plus VAT towards her independent legal advice.
• An agreed reference confirms her job title, dates of employment and that she left by mutual agreement.

The agreement also says that Priya will not bring specified employment tribunal or court claims against the employer. It includes confidentiality provisions, a non-disparagement clause and restrictions intended to protect the employer’s confidential information after she leaves.

At first glance, £16,000 may look like the figure that matters. In reality, Priya needs to assess the whole package. Her notice pay, holiday pay and salary are usually contractual sums she may be entitled to in any event. They should not automatically be treated as compensation for waiving her legal rights. The key question is whether the additional termination payment is fair in return for the certainty the employer is seeking.

What the payment could mean in practice

Priya’s £4,000 payment in lieu of notice is likely to be subject to tax and National Insurance in the usual way. The same will normally apply to her salary, bonus entitlement where due, and holiday pay. The employer should make the treatment of each payment clear rather than simply giving one headline figure.

The £16,000 termination payment may be capable of being paid free of income tax up to £30,000, provided it is a genuine payment for termination and does not represent earnings, notice pay or another taxable entitlement. Tax treatment can be technical, particularly where there are bonuses, share plans, garden leave arrangements, benefits or payments connected with restrictive covenants. A carefully drafted agreement should separate each element and explain the intended tax treatment.

There is another practical point. The first £30,000 rule is not a promise that every payment labelled “compensation” will be tax-free. HMRC looks at what the payment is actually for. If an employer later needs to make deductions or receives a tax challenge, the agreement may state who carries the risk. This is worth checking before signature, not after the payment reaches your bank account.

Is the compensation amount fair?

There is no statutory scale for a settlement payment. Some employees receive a modest sum because the employer has followed a fair process and there is little apparent risk of a successful claim. Others may have stronger negotiating factors, such as a flawed redundancy consultation, discrimination concerns, whistleblowing issues, unpaid commission, a senior role or a difficult dispute that both sides want to resolve privately.

In Priya’s case, an adviser would look beyond the £16,000. They would consider whether a genuine redundancy situation exists, whether she was properly consulted, whether alternative roles were considered and whether a performance process was being used fairly. They would also review her contract to establish her notice entitlement, bonus position, benefits and any post-termination restrictions.

The likely value and risk of potential claims matter, but they are not the only factors. Tribunal proceedings take time, outcomes are uncertain and compensation can be limited by legal rules. A settlement can offer quicker payment, an agreed reference and control over how the departure is described. Equally, an employee should not feel pressured into accepting a low offer simply because the agreement contains a deadline.

Terms that deserve as much attention as the money

A settlement agreement brings finality to the employment relationship, so its non-financial clauses need close reading. A broad waiver of claims is common, but it should identify the particular statutory claims being settled. You should understand which rights are being waived and whether any claims, such as personal injury claims you do not know about, are appropriately excluded.

The reference can be especially valuable where you are applying for a new role. A short, factual reference is often preferable to an uncertain verbal assurance. If a reference has been agreed, it should usually be attached to the agreement or set out precisely. Check that it gives the correct dates, job title and reason for leaving.

Confidentiality clauses should protect legitimate business information without preventing you from speaking to your spouse or partner, professional advisers, HMRC, the police, regulators or a medical professional where appropriate. They should also preserve your ability to make protected disclosures. Clauses that try to silence lawful whistleblowing or reporting of wrongdoing require particular care.

Restrictive covenants are another frequent issue. An agreement may repeat or vary existing restrictions on joining a competitor, contacting clients or recruiting colleagues. Extending these restrictions can have a real effect on your next job. It may be possible to negotiate a narrower scope, a shorter duration or written confirmation that a particular future role is permitted.

Questions to ask before you sign

The right questions are specific to your circumstances. Start by asking whether you would receive each payment even if there were no settlement agreement. Then ask what claims are being waived, what the tax position is, whether your reference is agreed and whether any restrictions could interfere with future work.

You should also check the proposed termination date, treatment of pension contributions and benefits, return of company property, bonus or commission calculations, outstanding expenses and when the money will be paid. If the agreement refers to an announcement, make sure it is accurate and does not undermine your professional reputation.

A deadline can be negotiated where you need reasonable time for independent advice. Employers often contribute to legal fees because independent advice is a validity requirement, but their contribution does not make the adviser act for them. Your adviser’s role is to give you clear, independent advice and, where appropriate, seek improvements to the proposed terms.

When an example is not enough

This dismissal settlement example is useful for understanding the moving parts, but small factual differences can change the advice significantly. A long notice period, pregnancy, disability, a pending grievance, protected disclosure, senior incentive arrangements or an existing restrictive covenant can all alter the value and risk of the proposal.

Before deciding, have the agreement and the circumstances leading to it reviewed together. A good review does more than confirm that the document is valid. It gives you a clear view of what you are accepting, what may be negotiable and whether the proposed terms allow you to leave with financial security, a fair record and confidence about your next step.

A restrictive covenant can look like a few routine paragraphs near the end of an employment contract or settlement agreement. Yet it may affect which roles you can accept, which clients you can contact and how freely you can start a business after leaving. Knowing how to assess restrictive covenants before you sign can prevent an unpleasant surprise when your next opportunity arrives.

The starting point is not whether a clause feels unfair. It is whether it goes further than is reasonably necessary to protect a legitimate business interest. That assessment is fact-specific, and the wording, your seniority and the work you actually did all matter.

What restrictive covenants are designed to protect

Restrictive covenants are post-termination promises. They seek to limit certain activities after employment ends, usually for a fixed period. In UK employment contracts and settlement agreements, the most common restrictions concern competing work, clients, prospective clients, suppliers, confidential information and colleagues.

An employer cannot use a covenant simply to stop a former employee earning a living or to remove ordinary competition from the market. To be enforceable, a restriction must protect a legitimate interest, such as confidential information, client relationships or a stable workforce. It must also be no wider than reasonably necessary for that purpose.

For example, a senior salesperson with responsibility for key accounts may be subject to a carefully drawn client non-dealing restriction. The same restriction may be harder to justify for an employee who had no contact with customers or influence over commercial relationships. Job title alone is not decisive. The substance of the role matters.

How to assess restrictive covenants clause by clause

Do not read a covenant as a single block of legal wording. Separate each restriction and ask what it stops you doing in practice. A non-compete clause, for instance, can have a very different impact from a clause preventing you from soliciting named clients.

Check the activity being restricted

Start with the verbs. Does the clause prevent you from being “engaged”, “concerned”, “interested” or “involved” in a competing business? Very broad language can potentially catch employment, consultancy work, directorships, investments and work through another person or company.

A sensible clause should be clear about the activity it is trying to prevent. If it is intended to stop you approaching clients you dealt with, it should not automatically prevent you accepting a role that has no connection to those clients. Similarly, a restriction on competition should be tied to business activities that genuinely overlap with the employer’s business, rather than every activity carried out by a large corporate group.

Look carefully at whether the covenant distinguishes between soliciting clients and dealing with them. A non-solicitation clause generally concerns actively approaching a client. A non-dealing clause can be wider because it may prevent you from accepting work from a client even where they approach you first. That difference can be significant when considering a new role.

Consider the people, clients and business covered

Words such as “any client”, “any prospective client” or “any employee” may be too broad, depending on the circumstances. A restriction is more likely to be proportionate if it is limited to people you had material dealings with, responsibility for or confidential knowledge about during a defined period before your employment ended.

The definition of a prospective client deserves particular attention. It should not extend to every organisation that has ever appeared in a sales database or been the subject of a speculative conversation. There is a meaningful difference between a genuine, live commercial opportunity and a name on a marketing list.

For employee restrictions, consider whether the clause is limited to colleagues you worked closely with or could influence. Preventing the recruitment of a whole workforce may be difficult to justify where you had no relationship with most of those people.

Test the time period and geographical reach

There is no automatic “safe” length for a covenant. A restriction lasting three, six or 12 months is not enforceable merely because that period appears regularly in contracts. The reasonable period depends on the business, the role, the length of client relationships and how quickly information becomes out of date.

Ask what the employer needs time to protect. In some roles, a short handover period or the natural cycle of a tender process may be relevant. In others, a lengthy restriction may be hard to defend. The same applies to geography. A nationwide or worldwide restriction may make sense for a genuinely international role, but it may be excessive for an employee with a local client base.

Compare the covenant with your actual role

Restrictive covenants should be assessed against reality, not only the contract wording. Consider your access to commercially sensitive information, your involvement with customers, your authority over staff and your knowledge of future plans.

If you moved roles internally, check whether the restrictions were introduced or amended when your responsibilities changed. New or tougher covenants can require proper consideration to be legally binding, particularly where they were added after employment began. There can also be questions about whether the employer clearly communicated and obtained agreement to the revised terms.

Review the whole contract, not only the restriction

A covenant rarely stands alone. Your notice period, garden leave provisions, confidentiality obligations and post-termination duties may all affect the practical position.

Garden leave can keep you employed, paid and away from work during notice. A post-termination restriction may begin only after employment ends, meaning the combined period away from the market can be substantial. Whether that is reasonable depends on the facts, but it should be identified before you agree to leave.

Confidentiality clauses need separate consideration too. Employers can protect genuine trade secrets and confidential information, but a clause should not improperly prevent you from using your general skills, experience and knowledge. Nor should it prevent protected disclosures or stop you cooperating with a regulator, police force or court where the law permits or requires it.

Also check for clauses that say restrictions operate independently, or that allow a court to remove part of a clause and preserve the rest. These provisions do not make an excessive covenant automatically enforceable, but they can affect how a dispute is argued.

Restrictive covenants in a settlement agreement

A settlement agreement often repeats existing restrictive covenants, confirms that they remain in force or introduces new ones. This deserves careful attention. Signing a settlement agreement can strengthen the evidence that you agreed to the wording, even if there may still be arguments about its enforceability.

New restrictions are commonly negotiable, especially where they would materially limit your next move. If the employer wants greater protection than your original contract provided, it is reasonable to ask why, how the proposed wording reflects your role and whether the compensation properly recognises the restriction.

The agreement should make clear whether the restrictions are new, replacement terms or a restatement of your existing obligations. Ambiguity can create avoidable risk. It is also worth checking that the termination date, notice arrangements and any garden leave are consistent with the period for which restrictions apply.

Questions to answer before signing

Use the following questions to turn legal wording into a practical decision:

• What job, business or client work would this clause prevent me from taking on?
• Is it limited to customers, colleagues or information I actually dealt with?
• How long does it last, and when does that period begin?
• Is the restricted business activity and geographical area defined sensibly?
• Does the proposed settlement agreement add to, replace or repeat my existing restrictions?
• Will garden leave, notice pay or a new role make the restriction more burdensome in practice?

Your answers may show that the covenant is manageable. They may also reveal wording that could block a planned role, delay a business launch or create uncertainty for a prospective employer. That is the point at which clarification or negotiation is most valuable, rather than waiting until after you have signed.

When to seek tailored advice

You should obtain specific legal advice if you are joining a competitor, taking clients into a new business, recruiting former colleagues or are unsure whether a proposed role falls within a restriction. The risk is not limited to whether an employer would ultimately succeed in court. A threatened injunction, correspondence with a new employer or uncertainty during a job move can itself be disruptive.

Independent advice on a settlement agreement should cover more than the payment figure. It should explain what you are giving up, including the practical effect of restrictive covenants, confidentiality commitments and any promises about future conduct. If a term is too broad or unclear, it may be possible to seek narrower wording, a shorter period, clearer definitions or appropriate compensation.

A covenant is not necessarily a reason to reject an otherwise fair settlement. Equally, it should not be treated as boilerplate. Read it with your next move in mind, ask direct questions and make sure the agreement gives you clarity rather than a restriction you only discover when an opportunity matters.

A settlement agreement may arrive with a short deadline, an offer that sounds final, and a request to keep the conversation confidential. Before you sign away employment rights, getting settlement agreement advice gives you the space to understand what the document means, what it is worth and whether its terms are fair.

For many employees, the agreement appears at a difficult point: redundancy, a workplace dispute, a disciplinary process, a grievance or a proposed exit that has been presented as the simplest option. It can offer a clean break, financial certainty and an agreed reference. But it is also a legally binding contract. Once signed, it will usually prevent you from bringing the employment claims listed in it.

That does not mean you should assume the offer is unreasonable, or that every agreement needs a lengthy dispute. It means the decision deserves clear, independent advice in plain English.

What a settlement agreement is designed to do

A settlement agreement records the terms on which an employment relationship will end, or occasionally continue on revised terms. In return for compensation or another benefit, the employee agrees not to bring specified legal claims against the employer.

For the agreement to be valid in the UK, several legal requirements must be met. It must be in writing, relate to particular complaints or proceedings, and identify the independent adviser who has advised you. The adviser must have appropriate professional indemnity insurance, and the document must confirm that the relevant statutory conditions have been satisfied.

Independent legal advice is not simply a box-ticking exercise. Your adviser should explain the rights you may be giving up, assess the proposed package and identify terms that may cause problems after your employment ends. Employers commonly make a contribution towards this advice. That contribution may cover a straightforward review, but it may not cover more detailed negotiations where the circumstances or terms are complex.

Settlement agreement advice: what should be reviewed?

The headline payment matters, but it is rarely the whole picture. A useful review looks at the agreement alongside your contract, pay arrangements, employment history and the circumstances of your exit.

Compensation and notice pay

Start by separating the different elements of the offer. Salary, accrued but untaken holiday, bonuses already earned and contractual notice pay may be sums you are entitled to in any event. They should not automatically be treated as part of the compensation for waiving claims.

If you are being made redundant, check whether statutory redundancy pay applies and whether you have a contractual or enhanced redundancy entitlement. If there is a potential unfair dismissal, discrimination, whistleblowing, unpaid wages or breach of contract issue, the appropriate settlement figure will depend on the strength and value of those possible claims, as well as the commercial benefit of avoiding a dispute.

There is no universal formula. A fair figure depends on matters such as length of service, earnings, prospects of finding a new role, the evidence available and the risks for both sides. A negotiation should be realistic, but it should also distinguish between what you are already owed and what you are being paid to settle.

Tax treatment

Tax wording can be technical, yet it has a direct effect on what you receive. Payments for salary, notice, holiday and many bonuses are normally subject to tax and National Insurance contributions. A genuine termination payment may benefit from the £30,000 tax exemption, but this is not automatic and depends on the nature of the payment.

The agreement should state how payments will be treated for tax purposes and who is responsible if HMRC later takes a different view. Broad tax indemnities can be a concern, particularly if they require you to reimburse the employer for tax arising from an arrangement over which you had little control. The wording should be proportionate and clear.

References and announcements

For someone moving into a new role, an agreed reference can be as valuable as part of the financial package. If a reference has been promised, it should usually be attached to the agreement or set out precisely, rather than left as an informal assurance.

It is also sensible to agree what will be said internally and externally about your departure. This may include a staff announcement, communications to clients and the name of the person authorised to respond to future reference requests. A neutral, accurate explanation can help protect your professional reputation.

Restrictive covenants and confidentiality

Settlement agreements often restate post-termination restrictions from your employment contract. These can include limits on joining competitors, soliciting clients, dealing with customers or recruiting former colleagues. Sometimes the agreement introduces broader restrictions than those you originally accepted.

You should not assume that a clause is harmless because it appears in standard wording. Its practical impact depends on your role, industry, client relationships and intended next step. If a restriction could prevent you from taking a suitable job or approaching contacts you need to work with, it may need clarification or revision.

Confidentiality provisions also require care. They should protect legitimate confidential information and the terms of the agreement where appropriate, but they must not prevent you from making protected disclosures, reporting crimes, co-operating with regulators or obtaining professional, medical or legal advice. A sensible clause makes these exceptions explicit.

Do not let the deadline decide for you

Employers often set a proposed deadline to keep matters moving. A deadline can be reasonable, especially where discussions have already taken place, but it is not a reason to sign without understanding the document.

Ask for sufficient time to obtain advice and consider your position. If the offer follows a difficult meeting or arrives without warning, you may need more time to gather relevant documents, check your contract or reflect on your options. A short extension is often a practical request, not an act of hostility.

You are also entitled to ask questions. Is your employment ending immediately or after notice? Will you work during notice, be placed on garden leave or receive payment in lieu? What happens to shares, commission, private medical cover, pension contributions, company property and expenses? Ambiguity now can become a dispute later.

When it may be appropriate to negotiate

Negotiation is not only about asking for more money. It can improve the overall terms of departure and avoid small but meaningful problems.

You may have grounds to seek changes where the compensation does not properly reflect the circumstances, the reference is uncertain, the tax clause is too wide or the restrictions are more onerous than your contract. Notice arrangements, bonus treatment, the end date and the wording of an announcement may also be open to discussion.

The right approach depends on the relationship and the facts. Where both sides want a quick, amicable exit, focused requests supported by clear reasons are often more productive than an aggressive opening position. Where there are serious allegations, discrimination concerns or a live grievance, a more detailed assessment may be needed before any response is made.

Employers should also take care. An agreement that is unclear, overly broad or rushed may fail to provide the certainty it was intended to achieve. Properly structured terms, adequate time for independent advice and respectful communication are usually better for both parties.

A practical process for employees

Keep the original agreement and any covering correspondence. Gather your employment contract, recent payslips, bonus or commission documents, redundancy policy, grievance correspondence and notes of relevant meetings. These documents help place the offer in context.

An adviser can then review the agreement, explain the key provisions and tell you whether there are points to clarify, accept or negotiate. You remain in control of the decision. Legal advice should give you a clear view of the risks and options, not pressure you towards a particular outcome.

At Arcos Settlement Agreements, the focus is on fast, confidential and independent advice that explains the document without unnecessary jargon. Whether the proposed terms are straightforward or require negotiation, the aim is to help you make an informed decision with confidence.

A settlement agreement can mark the end of one job, but it should not create avoidable uncertainty for the next one. Take the time to understand the terms, protect what matters to you and only sign when the agreement gives you a fair and workable route forward.

A proposed exit can look generous at first glance, particularly when one figure is labelled as a “settlement payment”. But a redundancy settlement example only becomes useful when you separate the payments, understand what rights you may be giving up and check whether the wider terms work for you.

A settlement agreement is voluntary. It can provide certainty and a clean departure, but signing it usually means waiving the right to bring specified employment claims against your employer. That is why the agreement must be reviewed carefully before you decide whether its financial and practical terms are fair.

A practical redundancy settlement example

Assume Priya is 48, earns £52,000 a year and has worked for her employer for seven years. Her role is genuinely at risk of redundancy following a restructure. After consultation, her employer offers a settlement agreement so that her employment can end on an agreed date without further process.

The headline offer is £27,100, but that is not one single payment. It is made up of the following amounts:

• £7,000 statutory redundancy pay, calculated by reference to Priya’s age, length of service and weekly pay, subject to the statutory maximum in force at the time.
• £11,000 enhanced redundancy compensation, paid in addition to her statutory entitlement.
• £8,000 pay in lieu of eight weeks’ notice.
• £600 for three days of accrued but untaken holiday.
• £500 plus VAT towards the cost of Priya obtaining independent legal advice, paid directly to her solicitor.

This means the actual termination payment is £18,000, made up of statutory and enhanced redundancy pay. The notice pay and holiday pay are contractual earnings. They should not be treated as extra compensation simply because they appear in the agreement.

The figures are illustrative, not a formula. Priya’s statutory redundancy entitlement could be different if her pay, age, start date or notice arrangements differ. Some employers also offer a higher enhancement under an established redundancy policy. Others offer a discretionary amount in return for the certainty of a signed agreement.

What the payment figure really means

The most common mistake is to compare only the proposed settlement figure with salary, rather than with what you would receive if no agreement were signed. Start by identifying your existing contractual and statutory entitlements. These may include notice pay, untaken holiday, bonus, commission, pension contributions, share-plan treatment and statutory redundancy pay.

In Priya’s case, the £8,000 notice payment and £600 holiday payment would ordinarily be due in any event if she is entitled to them. The part that rewards her for signing the agreement is therefore likely to be the £11,000 enhancement, although the full wording and circumstances matter.

Tax treatment also needs careful attention. Genuine termination compensation can usually be paid free of income tax up to the relevant £30,000 threshold, but payments for notice, holiday and other earnings are normally subject to tax and National Insurance deductions. A label in the agreement does not determine the tax position. The nature of the payment does.

Where an agreement says a sum is tax-free, it should also make clear what happens if HMRC later takes a different view. A broadly drafted tax indemnity can leave an employee exposed to tax, interest or penalties caused by the employer’s own treatment of the payment. This is a term worth querying, not simply accepting.

The offer may be fair, but the process still matters

A settlement agreement does not automatically make a redundancy process fair. Your employer should still have a genuine redundancy situation, consult appropriately and consider suitable alternative employment where relevant. The detail expected will depend on the circumstances, including the size of the proposed redundancy exercise.

For some employees, a sensible offer is one that provides additional compensation and avoids a drawn-out process. For others, the proposed amount may not reflect concerns about selection, consultation, discrimination, whistleblowing, contractual rights or a potential unfair dismissal claim. The value of a settlement is always case-specific.

Terms to check alongside a redundancy settlement payment

The financial schedule is only one part of the document. A settlement agreement often contains obligations that could affect your next role and your ability to speak about your employment after you leave.

First, check the termination date and notice arrangements. Are you expected to work notice, remain on garden leave or leave immediately? If you are on garden leave, will you continue to receive normal salary and benefits? If payment is made in lieu of notice, is it calculated correctly under your contract?

Next, look at the reference. A short factual reference may be acceptable, but it should be agreed in writing if it matters to your next move. Priya may want the agreed wording attached to the agreement, together with confirmation that the employer will provide it consistently if asked by a prospective employer.

Confidentiality clauses should also be proportionate. It is normal for an employer to protect genuinely confidential business information and the terms of a settlement. However, the clause should not prevent lawful protected disclosures, reporting criminal conduct, co-operating with regulators or obtaining legal, tax or medical advice. Mutual non-derogatory wording may be appropriate where both parties want a professional and dignified departure.

Finally, examine restrictive covenants. A settlement agreement can repeat or seek to vary restrictions relating to competitors, clients, suppliers or recruitment of colleagues. Do not assume a covenant is harmless because it appeared in your original contract. Its scope, duration and practical impact should be assessed before you sign, especially if you are joining a competitor or starting your own business.

Can Priya negotiate a better deal?

Yes, provided the approach is measured and supported by a clear rationale. Negotiation does not have to mean confrontation. It may involve asking the employer to correct a payment calculation, contribute more towards legal fees, improve the reference wording, extend the termination date or increase the enhanced payment.

For example, Priya may ask why the enhancement is £11,000 when her employer’s redundancy policy has previously offered more generous terms. She may point out that she has a strong performance record, limited time to secure a new role, or concerns about the way selection was carried out. If she has a contractual bonus due shortly after her proposed leaving date, that should be considered separately rather than disappearing into a general settlement figure.

Employers will often contribute towards the cost of independent legal advice because the agreement is not legally valid unless key statutory conditions are met. The employee must receive advice from an appropriately qualified independent adviser, the adviser must have professional indemnity insurance, and the written agreement must identify the adviser and the particular claims being settled. A contribution is helpful, but it does not mean the adviser works for the employer. The advice must be independent and focused on your interests.

Before signing, ask these questions

Before accepting a redundancy settlement agreement, establish what you would receive without it, which part of the offer is genuinely additional, and whether all sums are correctly calculated. Check whether the agreement deals properly with notice, holiday, bonuses, benefits, pension arrangements and expenses.

You should also ask whether the reference is acceptable, whether any post-termination restrictions are workable, and whether the confidentiality and tax clauses are fair. If there are concerns about the redundancy selection or consultation process, raise them before signing rather than assuming they no longer matter.

A clear, independent review can turn a confusing document into a practical decision. The right agreement is not simply the one with the largest headline number. It is one that gives you fair compensation, protects your position and lets you move on with confidence.