Is a scanned version of a signed settlement agreement acceptable, and does the employee need to sign the agreement in the presence of their legal adviser?

In a world where it is apparent that more things are becoming digitised, the question arises as to whether or not an original copy of a signed settlement agreement needs to be provided? It is arguable that if one party involved in a dispute were to contend that a settlement agreement was never agreed or signed, they might find it easier to succeed in court if there is no evidence of a ‘wet ink manuscript’ or a handwritten signed settlement agreement. However, when considering a scenario in which the claimant’s original document is lost, this would not prevent the claim from succeeding. Since it has become more common for PDF documents to be referred to at trial, it is not always necessary for an original handwritten signed settlement agreement to be made available for inspection. Therefore, a scanned copy of a signed settlement agreement should be sufficient. The next question that arises is whether or not an employee needs to sign their settlement agreement in the presence of their legal adviser. Generally, this is not required. Although the terms of the settlement agreement and adviser’s certificate would need to be considered to check if there is a contractual requirement to sign in the presence of the adviser. It would be prudent for the solicitor to check that the employee has signed the correct agreement. This would ensure that advice being given and the signature relate to the same agreement.