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.

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.

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.

If you have reached an agreement on your financial settlement, our experienced family lawyers can review the deal to assess its fairness. They can also draft the necessary legal documents to facilitate the creation of a binding court order, providing legal security and enforceability to the agreement.

While you have the flexibility to agree to various financial settlements, our team can guide you in evaluating whether the agreement aligns with your best interests.

It is important to note that you can only obtain a court order if the court considers that the agreement is fair, highlighting the importance of striking a balance that is agreeable to both parties involved. Our expertise ensures that your decisions are well-informed and legally sound throughout the divorce process.

When it comes to determining your financial settlement during a divorce, there is no one-size-fits-all formula. Each case is unique and is considered based on its specific circumstances.

Whether your assets are modest, or you have a high net worth, our team of the best divorce lawyers in Leeds possess the expertise and experience to provide tailored advice and help you navigate through the complexities of reaching a settlement that is fair and appropriate for your specific situation.

For an insight into your potential divorce settlement, please use our divorce calculator.

Indeed, emotions can cloud judgment. When anger, betrayal, or grief drives decisions, one might make hasty choices that may not be financially beneficial in the long run. It is crucial to separate feelings from financial decisions, and this is where our team can be of immense support.

It is rare to have to attend court for a divorce particularly now it is now no longer possible to defend an application for divorce save in very exceptional situations.

Research tells us that arrangements agreed between the parties are much more likely to succeed if they are made by agreement between the parents. However, where one parent does not agree to those arrangements we can suggest alternative ways of reaching a resolution for your children for example, you may need to try mediation, arbitration or ultimately court proceedings to help you sort these arrangements.

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.