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Common questions

  • Yes, in most cases. You must complete ACAS Early Conciliation before bringing a claim for issues like unfair dismissal, discrimination, or unpaid wages across the UK.

  • Yes, under the Equality Act 2010.

  • 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.
  • Constructive dismissal is a type of unfair dismissal. The difference is that you resign because of your employer’s behaviour.

  • It can be, for example if you lose the right to work in the UK. However, your employer must still act reasonably and explore alternatives where possible.

  • 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, judicial mediation is completely voluntary. Both the employee and employer must agree to participate in the mediation process. If either party is not willing, the case will proceed to a final tribunal hearing.

  • Not automatically, but severe symptoms may qualify. Even if not a disability, discrimination protections for age or sex may still apply.

  • 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.

  • The five fair reasons are capability, conduct, redundancy, illegality, and some other substantial reason. Even with a valid reason, a fair process must still be followed.

  • Many elements of a voluntary redundancy settlement agreement can be negotiated. This includes the ex-gratia payment (enhanced redundancy pay), notice period arrangements, holiday pay, bonuses, and even the wording of your future employment reference. A solicitor can help you identify areas where you can negotiate for a better deal, potentially securing thousands more in compensation.

  • Discrimination can include unfair treatment, harassment, or dismissal linked to menopause symptoms, often covered under age, sex, or disability protections.

  • Usually a document consisting of several pages outlining issues such as:

    • The details of any severance payment you are to receive at the end of your employment.
    • Settlement of any claims the employee may have against the employer.
    • Assurance by the parties that no future legal action regarding your employment relationship will be pursued.
    • The details that will be provided to other employers after your departure.
    • The reference you will receive from your employer (we usually agree the wording of any references).
    • Whether certain matters are required to be kept confidential.
    • Whether there will be any restrictions placed on the employee after leaving the employer.
  • Your former employer could try to take legal action. But first, the court will decide if the clause was fair and enforceable to begin with.

  • If unsuccessful, you typically won't receive compensation and may have to cover your legal costs unless you have insurance or union support. Tribunals rarely order the losing party to pay the winner's legal fees.

  • If judicial mediation results in a settlement, a legally binding COT3 agreement is signed by both parties. This means the dispute is resolved, and the employment tribunal case is officially dismissed. The settlement can include compensation, terms of employment, or other negotiated solutions.

  • ACAS will still issue a certificate. You can then decide whether to proceed with an Employment Tribunal claim, and your solicitor can advise on next steps.

  • Unfortunately the time limit is very strict so we would be unable to help you

  • Usually not. If it’s not in writing, it’s much harder for an employer to enforce a post-employment restriction.