Unfair Dismissal Settlement Agreement

Independent legal advice from specialist employment solicitors. We’ll explain your options and help you decide whether to sign, negotiate or walk away.

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What is an Unfair Dismissal Settlement Agreement?

An unfair dismissal settlement agreement is used to resolve a dispute arising from the termination of employment. The agreement usually provides compensation in exchange for the employee agreeing not to pursue claims in the Employment Tribunal.

Most settlement agreements are offered before a tribunal claim is issued. Others are offered after proceedings have started, where both parties wish to avoid the time, cost and uncertainty of litigation.

If you have been offered a settlement agreement following dismissal, it is important to understand whether the offer properly reflects the value of your claim before signing.

Settlement Agreement Unfair Dismissal

If you have been offered a settlement agreement after unfair dismissal, you may be questioning what you should do.

Many employees assume they should either accept the offer immediately or reject it outright. In reality, the first step is understanding your position.

Sometimes the offer is fair, and signing quickly is the best outcome. In other cases, there may be an opportunity to negotiate a higher payment or improve other terms within the agreement.

Before making a decision, it is important to consider:

  • Whether the dismissal was fair
  • Whether the correct process was followed
  • Whether you have any additional claims
  • The likely value of those claims
  • The prospects of finding alternative employment
  • Whether the agreement contains restrictive covenants or confidentiality obligations

Our solicitors assess the full circumstances that led to the agreement being offered, not just the wording of the document itself.

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Complete your unfair dismissal settlement agreement in 3 easy steps

1
Start
Start by clicking "Start process", calling us, or requesting a callback from us.
2
Get Advice
We'll give you free legal advice on what your settlement agreement means and what your options are on the same day as we receive it. Negotiation services are available where applicable.
3
Sign-Off
Once you're happy with your employer's terms, sign and return it to us. We'll speak with your employer to seek closure that same day. We'll return your completed agreement so you can get back on with your life.

Can I Bring an Unfair Dismissal Claim?

From January 2027, employees will generally have the right to bring an ordinary unfair dismissal claim after six months of continuous service. This is a significant reduction of the previous two-year qualifying period.

To succeed, an employee must show that:

  • The employer did not have a fair reason for dismissal, or
  • The employer failed to follow a fair procedure

The most common potentially fair reasons for dismissal are:

  • Conduct
  • Capability or performance
  • Redundancy
  • Statutory illegality
  • Some other substantial reason

Even where an employer has a potentially fair reason, they must still follow a fair process before dismissing an employee.

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Speak to an Unfair Dismissal Settlement Agreement Solicitor Today

If you have been dismissed and offered a settlement agreement, it is important to understand whether the offer properly reflects your position before signing. Sometimes the offer is fair, and the best advice is to accept it. Sometimes there is scope to negotiate a better outcome.

Our specialist employment solicitors can review your agreement, explain your options in plain English and give you an honest view on what happens next.

How Much Compensation Is an Unfair Dismissal Claim Worth?

Compensation in an unfair dismissal claim typically consists of two elements.

Basic Award

The basic award is calculated using a formula similar to statutory redundancy pay. It takes into account your age, length of service and weekly pay.

Compensatory Award

The compensatory award is intended to compensate you for financial losses arising from your dismissal.

This may include:

  • Loss of earnings
  • Future loss of earnings
  • Loss of benefits
  • Loss of pension contributions

The value of a claim depends heavily on how long it takes you to secure alternative employment. Employees who find a new role quickly will generally recover less than those who remain out of work for longer.

Because every case is different, it is important to assess the value of any potential claim before accepting a settlement offer.

Can an Unfair Dismissal Settlement Agreement Be Negotiated?

An unfair dismissal settlement agreement can be negotiated. However, not every settlement agreement should be negotiated.

One of the biggest misconceptions about settlement agreements is that every offer is unfair. In reality, many agreements are reasonable from the outset. Our role is to determine whether there is a genuine opportunity to improve your position.

Where we believe there is value in negotiating, we can seek improvements to:

Where we believe the offer is already fair, we will tell you that too.

What’s the Difference Between a COT3 and a Settlement Agreement?

Both a COT3 agreement and a settlement agreement can be used to resolve an unfair dismissal dispute.

The key difference is how they are reached.

Settlement Agreement COT3 Agreement
Usually negotiated directly between the employer and the employee Usually reached through ACAS
Independent legal advice required Independent legal advice is optional
Often used before tribunal proceedings Commonly used during ACAS conciliation
More flexibility over terms Usually simpler and shorter

Although legal advice is not required for a COT3 agreement, it is still advisable to understand exactly which rights you are giving up before agreeing to any settlement.

What is a Constructive Unfair Dismissal Claim?

Constructive dismissal occurs when an employee resigns because of a serious breach of contract by their employer.

Examples may include:

  • A significant reduction in pay
  • Bullying or harassment
  • Fundamental changes to working conditions
  • A breakdown of trust and confidence

Constructive dismissal claims can be more difficult to prove than ordinary unfair dismissal claims. Specialist legal advice is therefore particularly important before resigning.

Frequently Asked Questions

Do I Need a Solicitor for an Unfair Dismissal Settlement Agreement?

Yes. Independent legal advice is a legal requirement before a settlement agreement can become binding.

Can I Refuse a Settlement Agreement?

Yes, you can refuse a settlement agreement. Settlement agreements are voluntary. If you choose not to sign, your employer may continue with a redundancy, disciplinary or capability process or defend any tribunal claim.

How Long Do I Have to Bring an Unfair Dismissal Claim?

In most cases, unfair dismissal claims must be started within three months, less one day of the termination of employment.

Will My Employer Pay for My Legal Advice?

In most cases, employers contribute towards the cost of legal advice as part of the settlement agreement. Our fees will never exceed the contribution of your employer unless you ask us to negotiate better terms on your behalf and approve the additional costs beforehand.

Can I Negotiate a Better Settlement?

Potentially, you can negotiate a better settlement. The answer depends on the strength of your claims, the circumstances of your dismissal and the terms already offered.

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