Yes, legal advice is essential. Before signing a settlement agreement, you must receive independent legal advice to ensure you fully understand your rights and the terms of the agreement. This ensures that you are not waiving any important legal claims and that the agreement provides you with a fair deal. Your employer typically covers the cost of this legal advice.

No. There is no minimum length of service required to bring an employment discrimination claim in the UK.

At Winston Solicitors, we specialise in voluntary redundancy and settlement agreements. Our team provides clear, independent legal advice to ensure your redundancy package is fair and protects your rights. We help negotiate better terms, review legal clauses, and give you the support you need during this transition. Contact us for a confidential consultation.

We can advise, represent, and negotiate on your behalf, including claims for injury to feelings or guidance on reasonable adjustments across the UK.

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

To ensure your redundancy payment is fair, compare the offer with statutory redundancy calculations based on your age, length of service, and weekly pay. You should also verify that the package includes all applicable components, such as holiday pay, notice pay, and any performance-related bonuses. Our solicitors can help assess whether the offer meets your legal entitlements.

To bring a claim:

Confirm you meet the employee definition and qualifying period.
Use ACAS Early Conciliation (EC) to attempt resolution.
Submit a claim to the Employment Tribunal within the relevant time limit (usually 3 months from dismissal together with any ACAS EC extension).

Evidence may include emails, contracts, or witness statements showing unfair treatment due to age.

You must show a fundamental breach of contract, that you resigned because of it, and that you did not accept the breach by staying on.

Usually 3 months less one day from the incident or dismissal, with some exceptions.

Claims to an employment tribunal generally have a 3-month time limit, although exceptions can apply.

In most cases, you have three months less one day from the last act of discrimination. You must usually start ACAS Early Conciliation first.

Most last between 3 to 6 months, though some may extend to 12 months. The time limit must be fair and necessary to protect the business.

The process usually lasts up to 12 weeks. During this time, the tribunal time limit is paused, helping protect your right to bring a claim if settlement isn’t reached.

Judicial mediation typically lasts half a day to a full day, depending on the complexity of the case. Most mediations are now held remotely, making it easier for participants to join without needing to travel.

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.

There is no definite timeframe. Simple cases are usually concluded within twelve months of issuing proceedings, but this varies depending on your location and claim type.

There’s no set limit. However, the amount of time taken should be reasonable based on the emergency. In most cases, employees will only need a few hours or a day or two.

There is no fixed amount. Compensation may include loss of earnings, a basic award, and sometimes future losses.

You can receive SMP for up to 39 weeks, subject to eligibility. The first 6 weeks are usually 90% of your average weekly earnings, with the remaining weeks at a statutory rate.

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.

Discussions are without prejudice, meaning they can’t be used in tribunal. However, if you reach agreement, it’s recorded in a COT3 settlement, which is legally binding.