A Settlement Agreement is a formal document under which an employee agrees to forego legal employment rights and claims against an employer or former employer. In return, the employee will be granted certain payments, compensation and benefits. If you are considering signing a Settlement Agreement, you are legally obliged to take independent legal advice, and Gorvins’ Employment Team can provide all the support you need – negotiating terms, the amount of compensation and advising whether and when you should sign.
To claim for unfair dismissal you must normally have worked for your employer for a minimum of two continuous years. However, if you suspect that the reason for your dismissal would fall within one of the ‘automatically unfair’ reasons or is certainly different from the reason conveyed to you directly by your employer, then you may not need two years continuous service to bring an unfair dismissal claim, and in which case you should take legal advice to ensure that you are fully appraised of your rights.
If you are entitled to bring a claim and decide to do so, you are required to issue the claim to an Employment Tribunal within three months of being dismissed, having first followed the requirements of the ACAS early conciliation scheme (which can extend the time limits). If you submit your claim out of time, then your claim is likely to be dismissed. You should therefore take legal advice as soon as possible.
In Employment Tribunal proceedings, the general rule is that each party is responsible for paying their own legal costs, whatever the outcome. The Tribunal only has power to award costs in exceptional circumstances, for example, where the Tribunal considers one party has acted unreasonably in pursuing or conducting their case. Unfortunately, there is no public funding or legal aid available for representation at Tribunal hearings.
Many people have legal expenses insurance cover for employment disputes, in their household or motor insurance policies or credit card terms.
Since your employer will benefit from the waiver of your claims provided for by the Settlement Agreement, they’ll usually pick up the tab for the advice you need and, as far as possible, we’ll ensure that such a contribution from your employer will cover our charges – so that you don’t have to pay us anything.
The National Living Wage requires all businesses to pay their staff correctly – it is a criminal offence not to do so. From April 2024 all workers aged 25 and over are legally entitled to be paid at least £11.44 per hour. There are lower minimum wage rates for those younger than age 25. The rates change every April.
It is unlawful for your employer to discriminate against you on the basis of:
