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.

It depends on the type of claim and whether you are still “in time” to bring it. Most claims go through the Employment Tribunal, although some may be brought in the County Court.

Yes! Judicial mediation is the ideal time to negotiate a settlement. Both parties can propose terms, and the judge will help guide the discussions. It’s often possible to reach a better agreement than what would have been achieved at a tribunal hearing.

Yes, and we highly recommend it. If you’re being offered a settlement agreement, it’s often the perfect time to amend or remove these clauses.

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.

Absolutely. Raising a grievance formally can help document issues and trigger employer action to provide support.

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.

Yes. Employees can request flexible working arrangements on return. Employers must consider requests fairly and in line with employment law.

Yes. Employers must consider reasonable adjustments like flexible hours, working from home, or environmental changes such as desk fans.

Yes, you can apply for another job after signing a settlement agreement. However, some agreements may contain restrictive covenants, which could limit your ability to work for certain competitors or approach former clients. Our solicitors can help you review these clauses to ensure they are fair and reasonable, so you are not unfairly restricted in your future employment options.

Yes, if bullying amounts to discrimination, harassment, or constructive dismissal. Evidence and following internal grievance procedures are key.

Yes. Dependants’ leave is available for anyone you care for, including your spouse, parent, or anyone in your household who depends on you for care.

Not always. It depends on the wording. Some non-compete clauses are unenforceable, especially if they stop you from earning a living.

No. You are protected from dismissal, detriment, or discrimination due to pregnancy or maternity leave. Any dismissal must follow a fair and lawful process.

Usually no. Dismissal without warning is normally unfair unless it involves gross misconduct. Even then, a basic process should still be followed.

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.

Yes. Dismissal linked to menopause may be unlawful if it amounts to age, sex, or disability discrimination or breaches employment rights.

Yes. You have the right to return to the same job or a similar job with the same pay and conditions after Ordinary or Additional Maternity Leave.

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.

Most claims require 2 years’ continuous service, but there are important exceptions, including discrimination and whistleblowing.

Further, from 1 January 2027 the 2 years’ continuous service requirement is expected to be reduced to 6 months.

It’s not necessary to have a solicitor during judicial mediation, but it is highly recommended. A solicitor can ensure your position is clearly communicated and help you negotiate the best possible settlement. We can support you throughout the mediation, providing expert guidance.