Dismissal and settlement agreements
- Unfair dismissal, wrongful dismissal and constructive dismissal
- Analysis of the dismissal procedure, evidence and time limits
- Negotiating a settlement agreement and the terms of departure
We help employees and business owners with employment matters in the UK: unfair dismissal, discrimination, bullying, unpaid wages, holiday pay, settlement agreements, and proceedings before ACAS and the Employment Tribunal.
Your rights depend on your employment status, not on what the contract is called. Employees have the widest protection (notice, redundancy pay, protection against unfair dismissal). Workers - including many agency and zero-hours workers - are entitled to the minimum wage, paid holiday and protection from unlawful deductions. Genuinely self-employed people have the fewest rights, but someone described as "self-employed" or in the CIS scheme who works like an employee can sometimes challenge that label.
Ordinary unfair dismissal normally requires a qualifying period of service - currently two years, due to fall to six months for dismissals on or after 1 January 2027. No qualifying period is needed for automatically unfair reasons (for example whistleblowing, pregnancy, raising health and safety concerns) or for discrimination under the Equality Act 2010.
Time limits. For events on or after 1 October 2026 the time limit for most employment tribunal claims is six months from the event. Earlier events remain subject to the previous three-months-less-one-day limit. ACAS Early Conciliation must usually be started first and pauses the clock while it runs. Do not wait until the last week.
Employers must follow a fair redundancy process. Employees with enough service (currently two years) are entitled to statutory redundancy pay. Full-time workers are entitled to 5.6 weeks of paid holiday a year, including agency and zero-hours workers. Unpaid wages, unlawful deductions and unpaid holiday pay can be claimed, and the minimum wage rates change each April. Keep payslips, bank statements, contracts and records of your hours.
UK law does not use the Polish concept of "mobbing", but harassment and discrimination linked to protected characteristics (such as race, nationality-related grounds, sex, age, disability or religion) are unlawful under the Equality Act 2010. Serious breaches by an employer may support a constructive dismissal claim. Keep dates, messages and records of any grievance.
An employer may offer a settlement agreement. It is binding only if you receive independent advice from a relevant adviser qualified in the UK, usually a solicitor. We can explain the terms and the practical points in Polish or English, but the formal advice certificate must come from a UK-qualified adviser.
In employment matters time is important. If you have received a notice of dismissal, a settlement offer or a letter from ACAS, it is best to act straight away.
Describe the matter. We will tell you which documents to prepare and whether you need to watch a short time limit.
For events on or after 1 October 2026 the time limit in most employment matters is 6 months from the event, for example the dismissal or the discrimination; it used to be 3 months minus 1 day, and the shorter limit still applies to earlier events. Before filing a claim you usually have to go through ACAS Early Conciliation.
Yes, if the conditions for unfair dismissal, wrongful dismissal, discrimination or automatically unfair dismissal are met. First we analyse your length of service, the procedure and the evidence.
No. A settlement agreement requires a voluntary decision and independent legal advice. We check the amount, the scope of the waiver of claims, references, confidentiality and payment dates.
Yes. We deal with unpaid wages, holiday pay, notice pay, deductions from pay, and disputes about working hours and overtime.
Yes for discrimination, automatically unfair dismissal (such as whistleblowing or pregnancy), unpaid wages and holiday pay. For ordinary unfair dismissal you currently need two years' service, reducing to six months from 1 January 2027.
Usually yes. Agency and zero-hours workers have the right to holiday pay as workers. Check your payslips to see whether it is accrued or paid.
This page gives general information only and is not legal advice. Our law office is based in Poland. Where a matter requires action before a court or authority in England and Wales, we will explain what is possible and what additional support may be needed before you commit to anything.