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Common questions

  • 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.

  • It varies. The Basic Award is a fixed formula, but the Compensatory Award depends on how long you are out of work. We can give you a personalised estimate.

  • Usually, nothing. Your employer typically pays a legal fee contribution that covers our standard costs (£500–£1,000 + VAT). If your case is complex and costs more, we’ll ask your employer to cover the difference first.

  • Statutory Shared Parental Pay is currently paid at a set weekly rate (or 90% of your average weekly earnings, whichever is lower). Some employers offer enhanced pay, which we can check in your contract.

  • Fast. The law says you should have 10 days to decide, but we can often turn it around much quicker if you are happy with the deal. We work to your timescales.

  • 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.

  • Yes, absolutely. We support employees remotely. We can handle everything via video call, phone, and email, so you get expert advice without having to travel.

  • 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.
  • No. Settlement agreements can still be used to waive the right to bring a claim in an employment tribunal, but they can no longer be used to “silence” victims through broad confidentiality clauses.

  • 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.

  • 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.

  • It is three months minus one day (this is expected to be extended to six months from 1 October 2026 for acts which take place on or after 1 October 2026). So if you were dismissed on 1st March, your deadline is 31st May (not 1st June).

  • 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. The Compensatory Award is currently capped (set to be removed on 1 January 2027) at one year's gross pay or a specific statutory amount (whichever is lower). However, discrimination claims have no upper limit.

  • Yes 2 years.