All eligible employees are entitled to up to 52 weeks of maternity leave, protection from dismissal, the right to return to their job, and possibly Statutory Maternity Pay. Employers must follow UK employment law for maternity protections.

When you sign a settlement agreement, you waive your right to bring certain legal claims, such as unfair dismissal or discrimination claims. You may also agree not to pursue any claims for statutory redundancy pay. It's important to carefully review the terms to understand exactly what you're giving up before signing the agreement.

Contact a specialist employment solicitor immediately. You may be able to make a claim for unfair dismissal, detriment, or discrimination through an Employment Tribunal.

At the mediation, the judge will meet with both parties separately to discuss the dispute and explore potential solutions. The judge will act as a neutral mediator, guiding negotiations but not making a decision. If a settlement is reached, it will be formalised in a COT3 agreement.

You should speak to an employment discrimination solicitor who specialises in UK employment law and tribunal claims.

Claims can include:

Unfair dismissal
Constructive dismissal
Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation discrimination
Unpaid wages, redundancy pay, and equal pay
Wrongful dismissal

Other claims, such as TUPE disputes or part-time worker regulations, can also be made.

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.

You can start maternity leave up to 11 weeks before your expected week of birth, the day after a premature birth, or after pregnancy-related ill-health in the 4 weeks prior to the due date.

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.

They can be. Different countries approach asset division in different ways, which is why early, strategic advice is so important.

Not automatically, but courts often uphold them if they’re fair, signed in good time, and both people had legal advice. We help make sure yours ticks all the right boxes.

An individual’s state pension will be considered when looking at their income. However, it is not usually possible for the State Pension to be the subject of a Pension Sharing Order, discussed above.

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.

In some circumstances, yes. Agreements must be fair, properly prepared and entered into freely with both parties having the opportunity to take appropriate legal advice. At Winston Solicitors, we take care to draft agreements that are robust, clear and tailored to your individual circumstances.