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.

Yes. You strictly have three months minus one day from the last act of harassment to start a tribunal claim. It is vital to seek advice immediately, even if an internal investigation is ongoing.

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.

By signing, you usually waive rights to claim for unfair dismissal, discrimination, and other employment rights. You generally don't waive rights to accrued pension or latent personal injury claims.

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 you lose, you typically won't receive any compensation. You usually won't have to pay your employer's legal fees (unlike in other courts), but you will have lost the time and money you invested in your own case.

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.

You may also be protected. If you are treated badly for supporting a colleague who has been harassed, this is victimisation and is unlawful.