Wrongful Dismissal occurs when your employer breaches the terms of your employment contract by dismissing you. For example, by not giving you the required notice period. Your employer may be entitled to dismiss you without notice if they can show that the reason for your dismissal was gross misconduct.

You can issue such proceedings in an Employment Tribunal. However there is a cap on the amount of compensation that can be recovered; currently this is £25,000. Therefore it may be better to bring a civil claim in the County Courts for breach of contract, depending on the size of your claim. Please note that if you are bringing proceedings in the County Court, there will be a court fee to pay and this will be dependent on the size of your claim.

This depends upon a number of factors including salary, age and length of employment.

We also consider whether there is any underlying dispute such as any discrimination towards the employee and whether the employer is afraid of any reputational damage which may result if proceedings were issued as normally these will become public.

The employee’s notice period will also be a significant factor and is usually the starting point for the settlement figure.
An average termination payment would be around 2 to 4 months gross pay which is in additional to the other components including notice pay and holiday pay (where applicable).

Our settlement agreement calculator can give you and idea of what an average settlement agreement amount could be paid.

The money is usually transferred to you between 14 and 28 days from signing the agreement or the termination of your employment. It is often expressed in the agreement when you will receive your money. We also see reference to the money being paid to the employee on the next payroll.

The government has now passed emergency legislation relaxing the restriction on carrying over the 4 weeks statutory leave with effect from 26th March 2020. This will allow employees to carry over untaken leave up to 2 years.

Although it may appear that Settlement Agreements only benefit employers, with expert advice from our Settlement Agreement solicitors here in Leeds, you can ensure that all issues between you and your employer are resolved and you receive a fair and appropriate settlement.

All employees and workers are covered provided that they were on their employer’s PAYE payroll on 28th February 2020.

Employers tend to favour settlement agreements because they can resolve disputes amicably and quickly but also, the terms of the agreement ensure no claim can be brought in the future by the employee.

Settlement agreements can also be highly cost effective for both the employer and the employee. If a claim is brought in the employment tribunal, legal costs are not recoverable therefore, terminating employment under the terms of a settlement agreement can save time, money and stress.

The law stipulates that it is a legal requirement for a solicitor (or other accredited advisor, for example a trade union official) to review the terms of a settlement agreement.

A solicitor will review the terms of the agreement and give legal advice on whether the terms are favourable. We do not only consider the financial elements but also whether there are any restrictions which may stop you finding a new job. Also, a solicitor will consider your employment rights including whether there is any discrimination or potential flaws which may give rise to a potential claim.

These agreements are designed to draw an employment contract to a close or to make amendments to a contract in a fair and reasonable way. You should not be prejudiced as a result of the process.

It is normal for the employer to contribute towards the employees legal costs and this is typically between £250 and £500 plus Vat.

Our employment solicitors are acknowledged in Legal 500 and Chambers & Partners as being highly experienced in settlement agreements. Where appropriate we will negotiate the terms of an Agreement on your behalf and ensure that your best interests are fully protected.

Unfortunately, the interaction between annual leave and furlough leave is not currently clear and there are several potential issues with allowing or requiring workers to take annual leave during furlough. Employers may be concerned with the effect of employees taking annual leave on their ability to obtain reimbursement from HMRC. Furlough leave needs to be taken in blocks of 3 weeks so arguably cannot be interrupted by annual leave. However , under the Working Time Regulations , an employer can require an employee to take annual leave by giving notice of twice the length of leave to be taken . So an employer could in theory require that every third week of furlough leave is to be taken as annual leave !

Strictly speaking, the answer is yes. However an employer could attempt to negotiate a change in terms such that any annual leave above statutory leave does not accrue during furlough leave. This has been a particular problem but the government has now passed emergency legislation relaxing the restriction on carrying over the 4 weeks statutory leave with effect from 26th March 2020. This will allow employees to carry over untaken leave up to 2 years.

Yes, provided that the volunteering in question is not for the same employer.

In order for a Settlement Agreement to be binding it is a requirement that you receive independent legal advice. It is common practice for the employer to contribute to your legal fees and the amount of the contribution should be set out in the Settlement Agreement. If the contribution offered is unlikely to cover the cost, we shall try to obtain an increase from your employer in the first instance.

As part of avoiding the costs and stress of a court contest, our team are expert in advising on forms of alternative dispute resolution, including private dispute resolution appointments (an out of court form of a court process which can be done privately and to your timescale), arbitration and mediation. We will work with you to find the best form of resolution for you to achieve the best outcome.

Depending on the country where you live, there might be specific tax provisions or considerations for those who've recently undergone a divorce. Our solicitors working alongside a tax expert can provide advice tailored to your situation.

Yes, a Pre-Nuptial Agreement can be updated or modified after marriage through a Post-Nuptial Agreement. It is often advisable to include provisions for future reviews in the original Pre-Nuptial Agreement.

Yes, you can apply for interim spousal maintenance, which provides financial support during the separation period before the final court decisions are made in the divorce proceedings.

Yes, with skilled negotiation. Winston Solicitors aims to settle without court wherever possible.

Child maintenance is usually governed by the Child Maintenance Service and there are only certain times when the court will make orders regarding child maintenance (child periodical payments). Spousal maintenance (spousal periodical payments) can be made in financial proceedings and will depend on the circumstances of the case.

Yes, potentially if you contributed financially or there was an agreement. Winston Solicitors can advise on proving your interest.

Non-Molestation Orders automatically have a power of arrest attached as a breach of this order is an arrestable offence.

If you obtain an occupation order, you may need a power of arrest.

Each divorce follows the same process and there is still no “quickie divorce” despite no-fault divorce being introduced on the 6 April 2022.

If your marriage was legally recognised in the country your marriage took place, you can commence a divorce in England if you are habitually resident or domiciled in England or Wales.

Yes. A no-fault divorce does not require you to provide any reason for a divorce. You only need to confirm the irretrievable breakdown of your marriage. You do not need to lay any blame on your partner before applying, and your spouse has little room to contest it.

Yes. A no-fault divorce is a legal process that does not require you to cite specific reasons for the divorce. Instead, you simply confirm that your marriage has irretrievably broken down. There is no obligation to assign blame to your partner when initiating the divorce proceedings, and your spouse typically has very limited grounds to contest it.