Yes, it is possible to approach your employer on a “without prejudice” (off the record) basis to investigate whether they would be willing to negotiate the terms of your exit from the business. This may be an appropriate course of action if you:

are unhappy at work;
have received an unsatisfactory outcome to a grievance and feel unable to continue in the work environment;
face disciplinary action or performance management;
believe you may have grounds to bring a claim against your employer in the Employment Tribunal.

Yes.

Yes , in addition to compensation for loss of earnings , injury to feelings awards are available .

This will depend on the type of claim that you want to make and whether you are still “in time” to bring a claim.

The majority of employment claims are brought in the Employment Tribunal, although certain claims can also be brought in the County Court. Examples of potential claims that can be brought within the Tribunal system include:

Unfair Dismissal
Constructive Dismissal
Sex Discrimination
Disability Discrimination
Sexual Orientation Discrimination
Gender Assignment Discrimination
Race Discrimination
Religion or Belief Discrimination
Age Discrimination
Unpaid Wages
Equal Pay
Unpaid Redundancy Pay Claims
Wrongful Dismissal

This is not an exhaustive list and there are also a number of other employment claims that can be brought in the Employment Tribunal, for example, TUPE claims, part-time worker regulations etc.

You can also make employment claims in the County Court however these claims are limited to breach of contract only. If you issue a claim at the County Court you will have to pay a court fee, which is based on the value of your claim. Fees are now payable in the Employment Tribunal and the size of the fee depends upon the type of claim.

Yes, you are not obligated to accept an initial offer and can negotiate or decline it entirely. Legal advice is recommended to ensure you're making the best decision.

Although you do not have to accept a Settlement Agreement offered by your employer, once you have signed the document, it is seen as full and final settlement of any potential claims you may have against your employer.

If all the required formalities are fulfilled, such agreements are legally binding agreement and cannot be revoked.

For these reasons it is a legal requirement that you receive independent legal advice from a qualified solicitor who is adequately insured.

Employees who were made redundant since 28th February 2020 can qualify if they are re-engaged by their former employer. However , there is no obligation on an employer to do this.

Yes, this must be offered and dealt with by someone more senior.

In most Employment Tribunal cases, there are strict three month/less one day time limits within which you can issue proceedings. These time limits usually begin to run from the termination date of your employment (unfair dismissal), date of your resignation (constructive dismissal) or from the incident of discrimination.

If you try and issue proceedings outside of this three month time limit, your claim will only be accepted in exceptional circumstances.

Exceptions to the three month time limit include cases regarding equal pay disputes and redundancy payment disputes when claims must be issued within six months.

Usually, your employer covers the costs of legal advice for settlement agreements, ensuring you have professional guidance without financial burden.

Depends on age and length of service , see our calculator.

Unfortunately, there are no definite timeframes when bringing a claim in the Employment Tribunal. As a guide, the tribunal states that simple cases should be concluded within nine months of issuing proceedings. However, the time frame is often dependant on which part of the country your case is being heard and the type of claim.

An employee can request this but the employer does not have to agree. It is the employer’s decision which employees to place on furlough leave. It is unclear whether refusing to place employees on furlough leave and making them redundant instead could amount to unfair dismissal.

You are not obliged to enter into a Settlement Agreement if you do not wish to do so. If you would like to negotiate the terms of the Settlement Agreement it is possible to make a counter offer. If negotiations are unsuccessful, depending upon the circumstances, the employee can decide whether they wish to issue a claim in the Employment Tribunal. The time limit for bringing such a claim is three months less one day from the date of termination/last act of discrimination. If the discussions regarding the Settlement Agreement are “off the record” they cannot usually be referred to in any legal proceedings.

It would seem at first sight that employees who transferred under TUPE to a new employer after that date cannot be placed on furlough leave. However given that TUPE operates to preserve the rights of employees and their contracts on transfer to the new employer it could be argued that these employees should be treated as if they were on the new employe’rs payroll on 28th February. This point requires further clarification from the government and at the moment, it is difficult to say with certainty which is the correct answer.

There is nothing in the current guidance which suggests that the employer will only be able to access the reimbursement if it makes it a condition of furlough leave that the employee does not work elsewhere. Therefore, in theory an employee could work for another employer. It is however clear that the employee cannot do work for the employer seeking the reimbursement during furlough leave.

The scheme states that employees must be furloughed for a minimum of 3 weeks. What is not clear is how long the employee may return to work after a period of furlough leave before being placed on furlough leave again.

No. However withholding 20% of salary would amount to a breach of contract and unlawful deductions of wages unless the employee gives their consent. It is expected that the majority of employees will consent since furlough leave is a much better alternative than unpaid leave, lay off or redundancy.

Some employers will not be able to continue to pay 80% of salaries until the HMRC portal is up and running and reimbursement is received. They therefore have the option of:

Making the employees redundant although this will have its own associated costs
Putting the employees on unpaid leave until the scheme is up and running
Reaching an agreement with the affected employees that they will be furloughed now but that payment of their salaries will be deferred until reimbursement is received from HMRC

Yes 2 years.

We are able to discuss the terms of the Employment Settlement Agreement with you over the telephone or arrange a meeting if you prefer. The offer made will depend upon the circumstances leading up to the discussions and the relative strength of any claim you have. If you have not secured another job to go to, as a general rule of thumb, a payment equivalent to six months’ salary would be considered a good settlement. For a more accurate assessment please use our settlement agreement calculator.

Yes

Whilst there is no legal obligation for an employer to provide a job reference, a factual reference is often appended to the settlement agreement. The content of the reference is usually confined to the job title and length of service.