Expert Solicitors for Employees

Unfair Dismissal Settlement Agreement?

If you've been dismissed unfairly and offered a settlement, it's crucial to get expert legal advice. Our SRA-regulated solicitors can assess your claim and negotiate to ensure the agreement you sign is fair and protects your future.

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This page is for employees. If you are an employer, please visit our dedicated page.

Your Unfair Dismissal Claim is Your Leverage

A Settlement Agreement is often offered by an employer to avoid a potential Employment Tribunal claim. The strength of your potential claim is therefore your main negotiating tool. A dismissal can be unfair for two main reasons:

An Unfair Reason

Your employer must have a fair reason for dismissing you, such as misconduct or redundancy. A dismissal based on discrimination or for asserting a statutory right is automatically unfair.

An Unfair Process

Even with a fair reason, your employer must follow a fair and reasonable procedure. This includes conducting a proper investigation and giving you the chance to respond before a decision is made.

Real UK Case Study: The Importance of a Fair Process

Mogane v Bradford Teaching Hospitals NHS Foundation Trust [2022]

The Situation: An employee on a fixed-term contract was made redundant. The employer only considered her for redundancy and did not consult with her about selection criteria before making the final decision.

The Outcome: The Court of Appeal found the dismissal to be unfair. They ruled that even when there is only one employee in a role, the employer must still consult with them fairly before making a redundancy decision. The lack of a fair process was critical.

What this means for you: The fairness of your dismissal is not just about the reason; it's about the process. If your employer has not followed a fair procedure, you may have a strong claim for unfair dismissal, which gives you significant leverage to negotiate a better settlement agreement.

"They Helped Me Achieve a Good Settlement"

"I was provided with clear, concise information and support during a very stressful time. I was extremely satisfied with the outcome... Very professional and efficient."

- Google Review

"Zahid was very helpful and provided quick and detailed advise when needed turn around in short timeframe regarding a settlement agreement I had been offered by my employer."

- Review from ReviewSolicitors

"The advice I received was invaluable. They explained my legal position in a way I could understand and helped me achieve a good settlement. I felt I was in very safe hands."

- Genuine Employment Law Client

Your Questions About Unfair Dismissal & Settlements

Assessing Your Claim

Do I need two years of service to claim unfair dismissal?

For most unfair dismissal claims, yes, you need to have been continuously employed for at least two years. However, there are important exceptions where you can claim from day one, such as dismissal for reasons of discrimination, whistleblowing, or asserting a statutory right (like the right to a payslip).

What counts as an "automatically unfair" reason for dismissal?

Certain reasons for dismissal are deemed "automatically unfair" by law, meaning you do not need two years of service to bring a claim. These include being dismissed because of pregnancy or maternity leave, for being a member of a trade union, or for raising a legitimate health and safety concern.

My employer said I was made redundant, but I think it was unfair. Can I claim?

Yes. If you believe the redundancy was a sham (e.g., they hired someone else to do your job) or that the selection process was unfair or discriminatory, you may have a strong claim for unfair dismissal. A genuine redundancy requires a fair process, which we can assess for you.

What evidence do I need to prove my dismissal was unfair?

Key evidence can include your employment contract, any letters or emails related to your dismissal (including the dismissal letter itself), records of performance reviews, and a timeline of events. Our solicitors will guide you on exactly what is needed to build a strong case.

The Settlement Process

Why has my employer offered me a settlement agreement?

Employers offer settlement agreements to create a clean break and ensure certainty. By offering you a financial package, they are asking you to waive your right to bring an employment claim against them. It is a way for them to mitigate the risk of a costly and time-consuming Employment Tribunal.

How do I know if the financial offer is fair?

This is a key part of our service. We assess the offer not just on your notice and statutory pay, but also on the strength of your potential unfair dismissal claim. If we believe you could achieve a higher award at a tribunal, we have the leverage to negotiate a better tax-free compensation payment for you.

Who pays for the legal advice on the agreement?

It is standard practice for the employer to make a contribution towards your legal fees. This is because you are legally required to get independent advice for the agreement to be valid. In many cases, this contribution will cover our entire fee for reviewing the document and providing advice.

What are the time limits for an unfair dismissal claim?

The time limits are extremely strict. You must start the ACAS Early Conciliation process within **three months less one day** from your effective date of termination. It is absolutely vital you seek legal advice well before this deadline to protect your rights.

Don't Accept an Unfair Dismissal

If you feel you have been wrongfully dismissed, you have rights. Let our specialist solicitors assess your claim and fight for the fair outcome you deserve.

Request a Confidential Consultation