Generated by All in One SEO Pro v5.0.0.1, this is an llms-full.txt file, used by LLMs to index the site. # Mason Bullock Solicitors Mason Bullock Solicitors is a UK law firm specialising in employment law, with particular expertise in settlement agreement advice for employees. Led by Principal Solicitor Andrew Crisp, the firm provides clear, practical legal advice by phone and email to employees across England and Wales. Mason Bullock Solicitors is authorised and regulated by the Solicitors Regulation Authority. ## Posts ### [Injury to Feelings Compensation in a Settlement Agreement](https://www.masonbullock.co.uk/injury-to-feelings/) **Published:** August 5, 2022 **Author:** Andrew Crisp **Content:** If your employer has offered you a settlement agreement, you may be entitled to compensation for injury to feelings. In this article, you’ll learn when payment for injury to feelings may apply and how much to expect. ## When can you get compensation for injury to feelings? Signing a settlement agreement means you give up the right to bring a claim against your employer. And so it’s important to think about what the value of any claims might be. This includes assessing whether you can claim damages for injury to feelings. In many cases, you can’t claim compensation for injury to feelings. For example, unfair dismissal compensation is limited to financial loss, such as lost earnings. However, some types of claims do allow you to recover non-financial losses, such as an injury to feelings award. These claims include: - harassment - discrimination (eg your employer treated you badly because of your sex, race, religion or any other [protected characteristic](https://www.masonbullock.co.uk/what-is-a-protected-characteristic/)) - whistleblowing (eg your employer victimised you for reporting a regulatory breach) For more information about whether you should expect compensation for injury to feelings, we recommend speaking to an [employment law solicitor specialising in settlement agreement advice](https://www.masonbullock.co.uk/). ## How do you measure compensation for injury to feelings? Courts and tribunals usually make an assessment of damages based on guidance known as the Vento Guidelines. This guidance was given by the Court of Appeal in the case of [*Vento v Chief Constable of West Yorkshire Police (No 2) \[2003\] IRLR 102*](https://en.wikipedia.org/wiki/Vento_v_Chief_Constable_of_West_Yorkshire_Police). In that case, a woman police officer suffered sex discrimination in the workplace. This led to her suffering from depression and suicidal impulses. The guidance provides clear guidelines for the amount of compensation to be awarded and sets out three bands of potential awards. Those amounts are revised every year in line with inflation. The figures that apply from the 6th April 2026 to the 5th April 2027 are set out below - **The lower band** for less serious cases, such as where the act of discrimination is an isolated or one-off occurrence: £1,300 to £12,600 - **The middle band** for serious cases, which do not merit an award in the highest band: £12,600 to £37,700 - **The upper band** for the most serious cases, such as where there has been a lengthy campaign of discriminatory harassment: £37,700 to £62,900 *Source: [Presidential Guidance: Employment Tribunal awards for injury to feelings and psychiatric injury](https://www.judiciary.uk/wp-content/uploads/2025/03/Vento-Bands-Presidential-Guidance-April-2025-addendum.pdf)* When considering how much compensation you should get for injury to feelings, you need to think about which of those bands your situation falls into. ## What factors affect compensation for injury to feelings? Determining which band you come within depends on several factors, including: - your vulnerability - the degree of hurt, distress or upset caused, - any medical condition you’re suffering from - stress, loss of confidence, panic attacks, anger or depression - whether there was a one-off incident or a course of conduct - the seniority of the person who caused the injury to feelings - the seriousness of the treatment Every case is different, but here are some examples of compensation awards for injury to feelings. ### Lower Band (£1,300 to £12,600) Compensation is likely to be in the lower band for - a small number of derogatory comments and insults - inappropriate comments in front of colleagues - unwanted conversations about a protected characteristic - minor incidents Awards are more likely to be in the lower band if there is no impact on your health. ### Middle band (£12,600 to £37,700) The middle band will apply for more significant injury to feelings. Examples include: - a larger number of minor incidents having a cumulative impact on confidence and mental health - a very serious one-off incident leading to post-traumatic stress disorder - long-term discriminatory treatment - a dismissal leading to loss of confidence and financial anxieties ### Upper band (£37,700 to £62,900) An award is more likely to be in the upper band if you can prove: - a lengthy campaign of harassment by people in a position of authority - a serious deterioration in mental health, such as a nervous breakdown, requiring medical treatment, such as anti-depressants - deeply offensive mockery involving several members of staff leading to deep humiliation ## Evidence of Injury to Feelings If you are claiming compensation for injury to feelings, you will need to provide evidence. This may include: - A description of the emotional distress you have suffered. - The duration and impact of the distress. - The effect on your past, current, and future work. - The impact on your personal life and overall quality of life. When assessing the severity of injury to feelings, a tribunal is likely to consider that: - Overt discrimination is more likely to cause significant distress and humiliation. - Discrimination witnessed by colleagues or others may lead to greater emotional harm. - Disciplinary threats can indicate a more serious level of injury to feelings. - Exclusion leading to isolation may also suggest more severe emotional harm. The strength of your evidence will play a crucial role in determining the level of compensation awarded. Tribunals consider not just the fact of discrimination but also the emotional and practical impact it has had on you. Providing clear, detailed accounts—along with any supporting documentation or witness statements—can help establish the seriousness of your injury to feelings and ensure a fair outcome. ## What about tax? Whenever you negotiate the terms on which your employment will end, you need to consider [how much tax you may have to pay on the settlement agreement](https://www.masonbullock.co.uk/tax-on-settlement-agreements/). The amount of tax you may have to pay depends on the circumstances in which the injury to feelings happened. If the payment relates to injury to feelings and the discrimination giving rise to the payment is not related to the termination of your employment, it can be paid tax-free. If the injury to feelings award relates to the termination of employment, it will only be taxable to the extent that it exceeds £30,000. Your solicitor will advise you about whether the tax treatment of the payments is correct and whether there’s any way to save tax. ## Contact Us For Advice on Your Settlement Agreement If you have received a settlement agreement, you will need to make sure you receive legal advice on it. Our solicitors can help you to assess how much you should accept, including compensation for injury to feelings. We advise clients throughout the UK. Call us now for a free consultation. We provide clear and prompt advice on all aspects of your settlement agreement. ### From a landline: 0800 531 6050 From a mobile: 0330 333 6050 Alternatively, complete the form below, and we’ll contact you. ## Contact Us for a Free Consultation If you would like a free consultation about your settlement agreement, complete the form below and we’ll give you a call. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [What is a Reasonable Settlement Agreement?](https://www.masonbullock.co.uk/settlement-agreement-how-much/) **Published:** September 3, 2014 **Author:** Andrew Crisp **Content:** If your employer has offered you a settlement agreement, you’ll want to ensure the financial terms are fair. So, what is a reasonable settlement agreement? Understanding this can help you make an informed decision about accepting or negotiating the compensation offer. In this article, you’ll learn how to determine a fair settlement amount by evaluating your potential claims, calculating possible compensation, and considering additional factors like redundancy payments, notice pay, and other contractual benefits. We’ll also cover negotiation strategies to help you get the best possible outcome from your settlement agreement. **Been offered a settlement agreement? Get free legal advice today.** Call now for a **free, confidential consultation** with a qualified solicitor: [**0330 333 6050**](tel:+4433033336050) ## How Much Should the Settlement Payment Be? Usually, the settlement payment is the largest amount included in a settlement agreement. This payment can go by different names, such as: - **Compensation for loss of employment** - **An ex-gratia sum** - **A termination payment** Regardless of its name, this payment serves as an incentive for signing the agreement, making it a crucial component of the settlement package. Importantly, the first £30,000 of this payment is generally tax-free, which can make it especially valuable. Understanding how much this payment should be is crucial, as it directly reflects what you might otherwise be able to claim if you pursued a legal case against your employer. In the following sections, we’ll explore how to assess whether the settlement payment amount offered is fair, given your circumstances. For a more detailed analysis of your case and how much you should expect, you may want to obtain specialist [settlement agreement advice from an employment solicitor](https://www.masonbullock.co.uk/). ## How Do You Decide Whether Your Settlement Payment is Reasonable? When you sign a settlement agreement, you effectively give up your right to pursue any legal claims against your employer in the future. This is a significant decision, so it’s essential to ensure the termination payment offered is fair and adequately compensates you for the loss of that right. To determine if the settlement payment offered in your settlement agreement is fair, you need to consider two critical questions: 1. **How much money would be awarded in compensation if you brought a successful claim against your employer?** Understanding the potential compensation amount is essential, as it provides a baseline for evaluating if the settlement payment is sufficient. This could include compensation for unfair dismissal, discrimination, or other employment-related issues. 2. **How likely is it that a claim would be successful?** The strength of your claim is equally important. Evaluating the likelihood of success helps you weigh the risks and benefits of accepting the settlement versus pursuing legal action. This depends on several factors, including evidence, the nature of your employment situation, and legal precedents. By answering these questions, you can gain a clearer picture of the value of your potential claim and make a more informed decision regarding whether your settlement agreement is reasonable. I’m not necessarily recommending that you pursue a claim – only that you calculate the value of a claim so that you can decide whether the amount they’re offering you is fair. There are several reasons [why a settlement agreement may be a better option than an employment tribunal claim](https://www.masonbullock.co.uk/settlement-agreement-beats-employment-tribunal-claim/). ### 1. How Much Compensation Would You Receive in a Successful Employment Tribunal Claim? Calculating compensation can be complex, as it depends on the specifics of your situation and the nature of the claim. However, the general principle is that compensation aims to put you back in the financial position you would have been in if you had not lost your job. In the context of an employment tribunal, this typically means calculating your lost earnings up until the point you secure new employment. To estimate this, think about how long you are likely to be out of work. For instance, if your take-home earnings are £2,000 per month and you expect to be unemployed for six months, the compensation for an unfair dismissal claim might be: **£2,000 x 6 months = £12,000** However, keep in mind that the compensation calculation may vary if your claim involves discrimination or other factors. In discrimination cases, for example, you may also receive [compensation for injury to feelings](https://www.masonbullock.co.uk/injury-to-feelings/), which depends on the severity of the discrimination and its impact on you. Remember to also account for other financial losses, such as missed bonuses, commissions, or loss of benefits like healthcare. Given these complexities, seeking professional legal advice is often advisable to get a precise estimate that accurately reflects your situation. ### 2. How likely is it that your claim will succeed? The likelihood of success in an unfair dismissal claim depends on several factors, including the strength of your evidence, the circumstances surrounding your dismissal, and how your employer has behaved. Evidence such as written communications, witness statements, or records of any discriminatory behaviour can strengthen your case. To illustrate how this works, let’s say your claim has a 70% chance of success. If the total compensation you could receive in a successful tribunal claim is £12,000, you can calculate a reasonable settlement value as follows: **70% x £12,000 = £8,400** If the amount your employer offers in the settlement agreement exceeds this value, [accepting the settlement may be a better option, even if you believe you have a strong unfair dismissal claim](https://www.masonbullock.co.uk/settlement-agreement-unfair-dismssal/). This calculation helps ensure that the settlement is a fair reflection of what you might realistically achieve through a tribunal, as well as accounting for the risk that your claim may fail. Because each case is different, getting legal advice is highly recommended to help you understand your chances of success and to guide you in negotiating the best possible outcome. ## Statutory Redundancy Payment If you’re being offered a settlement agreement instead of redundancy, your employer will typically pay you at least the equivalent of a statutory redundancy payment. This amount is determined based on three factors: - **Your length of service**: The number of complete years you’ve worked with your employer, which impacts the redundancy amount you are eligible for. - **Your age at the termination date**: The calculation may vary depending on your age bracket, as older employees generally receive higher redundancy payments. - **Your rate of pay**: This includes your average weekly earnings before tax, which forms the basis for the payment calculation. You can use the [government’s Redundancy Calculator](https://www.gov.uk/calculate-employee-redundancy-pay) to get an accurate figure tailored to your situation. Often, the statutory redundancy payment is included within the overall termination payment provided in the settlement agreement. ## Payments Due Under Your Employment Contract In addition to the termination payment, your employer must make certain payments as specified in your employment contract. These contractual entitlements must be accurately reflected in your settlement agreement to ensure you receive everything you’re entitled to upon termination. Make sure to thoroughly review your employment contract and verify that the following payments are included: ### Salary and Benefits It’s crucial to ensure that the settlement agreement explicitly states you will receive your normal salary and benefits up to your official termination date. While most agreements clearly outline salary payments, benefits can sometimes be less straightforward. For this reason, it’s important to verify that every benefit you are entitled to is clearly listed in the agreement to avoid any uncertainty. Examples of benefits that should be confirmed include: - **Healthcare coverage**: If you have access to private healthcare through your employment, confirm whether it will continue until the termination date or beyond. - **Pension contributions**: Ensure that any contributions your employer makes to your pension scheme are included for the full duration of your employment. - **Company car or allowances**: If you have a company car or other allowances (e.g., travel or meal allowances), check that these are covered up until your departure. To ensure nothing is missed, compare the benefits listed in your settlement agreement against your latest payslip or benefits statement. Explicitly including these details helps prevent any misunderstandings and ensures that you receive your full entitlement. Seeking legal advice may also be beneficial to ensure no benefits are overlooked.” These payments are essential and should be considered a minimum requirement in your settlement agreement. If you’re unsure about any of these entitlements, consulting a legal professional can help ensure that no contractual payments are overlooked. Some benefits may be extended beyond the termination date. For example: You may agree on healthcare cover until a set date in the future. This benefit is high value to you but probably doesn’t cost the employer very much. If you’re receiving a payment in lieu of notice, you may agree with your employer that you can continue to use the company car until the end of what would have been your notice period. ### Payment for Accrued but Untaken Holiday If you haven’t taken all your holiday entitlement before the end of your employment, you are entitled to receive a payment for any unused days. Holiday entitlement generally accrues on a month-by-month basis throughout the holiday year. For example, if you leave halfway through the holiday year, you will have accrued half of your total annual leave entitlement. From this, you subtract the number of days you’ve already taken, leaving you with the remaining days that your employer must compensate you for when your employment ends. For instance, if your annual leave entitlement is 24 days and you leave six months into the year, you would have accrued 12 days. If you’ve already taken 8 days, you should be paid for the remaining 4 days of unused holiday. It’s essential to check your employment contract or your latest holiday balance report to confirm these details. Employers are legally required to pay for accrued but untaken holiday, so ensuring that this is accurately reflected in your settlement agreement is crucial. ## Should a Settlement Agreement Include a Payment in Lieu of Notice? Typically, if your employer is ending your employment, you are entitled to a notice period, the length of which should be specified in your employment contract. Legally, the minimum notice period is one week for each full year you’ve been employed, but your contract may outline a longer duration. It’s essential to verify this information in your contract to ensure your settlement agreement reflects the correct entitlement. In some cases, you may not need to work through your notice period. Instead, your employer might offer a **Payment in Lieu of Notice (PILON)**, where they compensate you for the earnings you would have received if you had worked during that time. It’s important to note that [PILON payments are always taxable](https://www.masonbullock.co.uk/tax-on-settlement-agreements/) under current regulations, whereas they used to be tax-free. This means any PILON amount included in your settlement will be subject to tax deductions. Alternatively, your employer may place you on **garden leave**, which means you remain employed and continue to receive your salary and benefits during the notice period, but you are not required to attend work. Employers often use garden leave to prevent employees from immediately joining competitors while still technically remaining on their payroll. Whether you receive PILON or are placed on garden leave, ensuring that these terms are clearly outlined in your settlement agreement is crucial. ## Additional Benefits and Payments in Your Settlement Agreement Settlement agreements can include several other benefits and payments beyond the standard termination compensation. These additional components can significantly impact the overall value of your agreement. Below are some common elements you may encounter: ### Outplacement Services Many employers offer outplacement services as part of a settlement agreement to support employees in finding new employment. These services may include career counselling, resume writing assistance, interview coaching, or access to job search resources. The value of these services can vary, but they are generally included to help you transition smoothly into a new role. Negotiating the scope or value of these services could be advantageous, as outplacement can be a valuable resource during a career transition. If your employer has offered such services, ensure that their value and details are explicitly stated in the agreement. You may be able to negotiate an increase in the value or duration of these services, especially if they are a standard part of your industry. The law allows payments for outplacement services to be made tax free. ### Legal Costs Employers often contribute to [the legal costs of reviewing a settlement agreement](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/), as the agreement is only legally binding if you have received independent legal advice. Your employer’s contribution should typically cover the total cost of this legal review, ensuring you receive the advice you need without incurring expenses. You should confirm that the legal costs offered are sufficient to cover your solicitor’s fees. Make sure this amount is clearly outlined in your settlement agreement, as some employers may set a cap on the contribution. If the amount is insufficient, you can negotiate with your employer to increase it, ensuring you receive comprehensive legal advice. **Not Sure Whether to Accept a Settlement Agreement?** Don’t decide without expert advice. We’ll explain your rights clearly and help you get the best possible outcome. Speak to a qualified solicitor today: 📞 [0330 333 6050](tel:+4433033336050) ### Payment for Entering into Restrictive Covenants Settlement agreements may also include restrictive covenants, which impose conditions on what you can do after your employment ends. These restrictions might prevent you from working for competitors, starting a competing business, poaching clients, or recruiting former colleagues for a set period. Employers use these covenants to protect their business interests, and they may offer a small payment as compensation for agreeing to these terms. Typically, the payment for agreeing to restrictive covenants is a small, nominal sum, usually ranging between £50 and £250. This modest amount is intentional, as it helps demonstrate to HMRC that you have received specific compensation for agreeing to these restrictions, which are taxable. It’s important to ensure this payment is clearly documented; otherwise, HMRC might interpret your termination payment as a payment for accepting these covenants. If that happens, the entire amount could be subject to tax, potentially reducing the tax-free portion of your settlement. Although it may seem negotiable, it’s usually not advantageous to focus on increasing this amount. Instead, focus your negotiation efforts on other aspects of the settlement, like the ex-gratia payment, which can be tax-free up to £30,000. It is also important to understand the implications of these covenants and to seek legal advice if you have concerns about how they might impact your future career plans. If your settlement agreement is simply repeating restrictive covenants in your employment contract, your employer doesn’t need to pay you anything for that. However, you may be able to [negotiate a waiver or reduction of these restrictive covenants](https://www.masonbullock.co.uk/restrictive-covenants-settlement-agreements/). ## Settlement Agreement Tax Rules The amount of tax you’ll pay on a settlement agreement depends on the type of payment. In general, payments fall into two categories: **contractual** and **non-contractual**. Contractual payments, such as outstanding salary, holiday pay, or benefits owed up to the termination date, are fully taxable, meaning that any salary or accrued holiday included in your settlement agreement will be subject to income tax and National Insurance deductions. However, **non-contractual payments**—those not specified in your employment contract, like an ex-gratia or termination payment—are tax-free up to £30,000. This tax-free allowance can be a significant benefit, allowing you to receive part of your settlement without additional tax liabilities. For example, if your termination payment is £25,000, you would receive the full amount tax-free. If it’s £35,000, the first £30,000 would be tax-free, and the remaining £5,000 would be taxable. For further guidance, [visit our comprehensive guide on tax for settlement agreements](https://www.masonbullock.co.uk/tax-on-settlement-agreements/), which offers more details on how different payment types are taxed. ## Can You Negotiate if the Settlement Agreement is not Reasonable? There is often room to negotiate the amount offered in a settlement agreement, and this can be done based on either legal grounds or goodwill. **Legally**, the amount you negotiate should reflect the strength of any potential claim you might have against your employer. For instance, if you have a strong case for unfair dismissal, you might negotiate for a higher settlement, as this would prevent a costly tribunal case for your employer. On a **goodwill basis**, you can emphasize factors that might encourage your employer to offer a higher amount. Consider highlighting your loyalty to the company, any significant contributions you’ve made, or how difficult it may be for you to find a new job. These points may resonate with an employer who wants to provide fair compensation. For more specific negotiation strategies, check out our [detailed guide on negotiating a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). ## Still wondering what is a reasonable settlement agreement in your situation? If you’re unsure whether the offer you’ve received is fair, speaking to a solicitor can give you clarity quickly. In a free initial consultation, we can review the key terms of your agreement, explain your legal position, and help you understand whether the settlement is reasonable before you decide what to do next. Speaking to a solicitor can help you quickly understand whether the offer you’ve received reflects the value of your position. In a free initial consultation, you’ll speak directly with a solicitor who can explain your legal rights, review the key terms of your agreement, and help you decide what steps to take next. If you’d like that clarity, you can [request a free advice call here](https://www.masonbullock.co.uk/free-advice-settlement-agreement/). ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements **Tags:** Employment Advice --- ### [What is a Settlement Agreement? Employee Guide](https://www.masonbullock.co.uk/what-is-a-settlement-agreement/) **Published:** February 18, 2018 **Author:** Andrew Crisp **Content:** Being offered a settlement agreement can feel unsettling, especially if you were not expecting it or you are unsure what it means for your job, your pay, and your legal rights. A settlement agreement is a legally binding contract between you and your employer, usually used to end employment on agreed terms. You are not required to sign it, and it only becomes valid once you have received independent legal advice. In most cases, you will be asked to give up certain legal claims in exchange for compensation. This guide explains, in plain English, how settlement agreements work in the UK, what to look out for, and whether you can negotiate better terms. ## What is a Settlement Agreement? A settlement agreement is a formal contract between an employer and an employee which sets out the terms on which employment will end. This typically includes the termination date, any compensation or payments, and other agreed terms such as references or confidentiality. In return, the employee usually agrees not to bring legal claims against the employer. These can include unfair dismissal, discrimination, breach of contract, or unpaid wages. Because you are giving up legal rights, it is important to fully understand the agreement before signing. Settlement agreements were previously known as compromise agreements. If your employer is based outside the UK, they may refer to it as a mutual termination agreement. A settlement agreement only becomes legally binding once you have received independent legal advice and both parties have signed the document. If you have been offered one, you may find it helpful to read more about our [settlement agreement advice for employees](https://www.masonbullock.co.uk/). **Been offered a settlement agreement? Get free legal advice today.** Call now for a **free, confidential consultation** with a qualified solicitor: [**0330 333 6050**](tel:+4433033336050) ## When are settlement agreements used? Employers commonly use settlement agreements to bring workplace issues to a defined end without the time, cost, and uncertainty of formal processes. For example, a settlement agreement may be offered during or instead of: - a grievance or disciplinary process; - a redundancy consultation; - a workplace dispute; - a potential employment tribunal claim. Settlement agreements are also frequently used in redundancy situations. In some cases, they follow a formal redundancy process. In others, they are offered as an alternative. You can read more in our guide to [settlement agreements and redundancy](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/). It is important to remember that a settlement agreement is not just administrative. It is a legal document that affects your rights and your ability to bring claims in an employment tribunal. ## What makes a settlement agreement legally binding? Under UK employment law, a settlement agreement must meet specific legal requirements to be valid. - the agreement must be in writing; - it must relate to specific complaints or claims; - you must receive advice from an independent, authorised adviser; - the adviser must be identified in the agreement; - the agreement must confirm that statutory conditions are satisfied. In practice, the adviser is usually a qualified employment solicitor. Without this advice, the agreement is not legally binding. Legal advice is not just a formality. A solicitor can advise you on: - whether the compensation is fair; - any potential legal claims you may have; - confidentiality and non-disclosure clauses; - restrictive covenants affecting future employment. Our [settlement agreement FAQs](https://www.masonbullock.co.uk/faqs/) answer common questions employees ask before taking advice. The [ACAS Code of Practice on settlement agreements](https://www.acas.org.uk/acas-code-of-practice-settlement-agreements) recommends that employees are given at least 10 calendar days to consider an offer. If you are under pressure to sign more quickly, you should take advice before proceeding. ## What terms should you check in a settlement agreement? Before signing, you should carefully review the key terms. While compensation is often the main focus, other clauses can have a significant impact on your future employment. ### Compensation and notice pay Settlement agreements usually include both compensation and notice-related payments. It is important to understand how these differ. Notice pay (including post-employment notice pay) is usually taxable. Compensation for loss of employment may be tax-free up to £30,000 if the relevant conditions are met. You should also check whether benefits such as pension contributions, bonuses, or private medical cover continue during any notice period. ### Confidentiality and non-disclosure Most settlement agreements include confidentiality clauses, sometimes referred to as NDAs. These restrict what you can say about the agreement and the circumstances leading to it. The wording is important. Agreements often allow disclosure to specific people, such as your solicitor, tax adviser, or immediate family, but this varies. There are also legal limits. Employers cannot prevent you from making protected disclosures, reporting wrongdoing, or cooperating with regulators. Breaching a confidentiality clause can have legal consequences, so it is important to understand exactly what is permitted. ### Employment reference An agreed reference can be one of the most valuable parts of a settlement agreement. Many employers only provide basic references. A settlement agreement allows you to [negotiate a better reference](https://www.masonbullock.co.uk/settlement-agreement-references/), which is often included as a schedule to the agreement. You may also want to include a clause preventing derogatory comments to protect your reputation. ## Does the employer have to pay your legal costs? No, but most employers contribute because legal advice is required for the agreement to be valid. Typical contributions range from £350 to £750 plus VAT, although this depends on complexity. Straightforward agreements are often fully covered, while more complex negotiations may involve additional fees. You can read more about this on our [settlement agreement advice costs](https://www.masonbullock.co.uk/prices/) page. You should check whether the contribution includes VAT and whether the payment is made directly to your solicitor. ## Is a settlement agreement taxable? The tax treatment depends on how payments are structured. Compensation for loss of employment may be tax-free up to £30,000 if the legal criteria are met. However, payments such as notice pay, salary, bonus, and holiday pay are usually taxable. The agreement should clearly distinguish between taxable and non-taxable elements. If it does not, you should seek clarification before signing. Many agreements include a tax indemnity clause, meaning you could be responsible if HMRC later determines additional tax is due. For more detail, see our [employee guide to settlement agreement tax](https://www.masonbullock.co.uk/tax-on-settlement-agreements/). ## Can you negotiate a settlement agreement? Yes. You are not required to accept the first offer, and many settlement agreements can be negotiated. Common areas for negotiation include: - the compensation amount; - termination date; - timing of payments; - employment reference; - confidentiality wording; - legal fee contribution; - restrictive covenants; - internal or external announcements; - return of company property. For more guidance, see our article on [how to negotiate a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). **Not Sure Whether to Accept a Settlement Agreement?** Don’t decide without expert advice. We’ll explain your rights clearly and help you get the best possible outcome. Speak to a qualified solicitor today: 📞 [0330 333 6050](tel:+4433033336050) ## Settlement Agreement FAQs ### Do I have to sign a settlement agreement? No. A settlement agreement is voluntary. You can accept it, reject it, or negotiate better terms after taking legal advice. ### Are settlement agreements the same as redundancy? No. Redundancy is a reason for dismissal, while a settlement agreement is a legal arrangement recording the terms of exit. A [settlement agreement may be used in a redundancy situation](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/), but the two are not the same. ### Does confidentiality mean the same as an NDA? Not always. A settlement agreement may include confidentiality clauses, but it is not identical to a standalone NDA. The wording determines what is allowed. ### Can I refuse a settlement agreement? Yes. You are under no obligation to accept a settlement agreement. However, you should take legal advice before deciding how to respond. ### How long do I have to consider a settlement agreement? ACAS recommends a minimum of 10 calendar days to consider an offer, unless both parties agree otherwise. ### What does a standard settlement agreement include? It typically includes the termination date, payments, notice provisions, tax clauses, legal fees, an agreed reference, and a list of claims being settled. ### How do settlement agreements work? They record agreed exit terms and confirm that you will not pursue certain legal claims, usually in exchange for compensation. Once signed and advised upon, they are legally binding. ### When will I be paid after signing? Payment is usually made within 7 to 28 days after signing, depending on the terms of the agreement. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [How to Negotiate the Best Deal on Your Settlement Agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) **Published:** February 3, 2026 **Author:** Andrew Crisp **Excerpt:** Practical guidance for employees on how to negotiate a better settlement agreement, including how to assess the offer, prepare a counter-offer, avoid common mistakes and approach negotiations with your employer. **Content:** Do you want to negotiate a better deal on your settlement agreement? Often an employer will offer an employee a sum of money, expecting them to come back and make a counter-offer. Here are a few tips to maximise your chances of getting the best possible deal. **Been offered a settlement agreement? Get free legal advice today.** Call now for a **free, confidential consultation** with a qualified solicitor: [**0330 333 6050**](tel:+4433033336050) ## 1. Prepare Well for the Settlement Agreement Negotiation If your boss calls you into a room, sits you down and offers you a settlement agreement, they may want a response straight away. What should you do? ### Take your time Our advice is that you ask for a few days to think about the proposed severance package. Depending on your experience, you may never have been in this situation before. [What is a settlement agreement](https://www.masonbullock.co.uk/what-is-a-settlement-agreement/), and why are they offering you one? Take your time to find out. The [ACAS Code of Practice on Employment Settlement Agreements](https://www.acas.org.uk/acas-code-of-practice-settlement-agreements) recommends that employees are given at least ten days to consider a settlement offer. Although this isn’t required by law, it is something that all employers should consider. This gives you time to: - think about what you’ve been offered; - obtain [legal advice on the settlement agreement from a specialist solicitor](https://www.masonbullock.co.uk); and - prepare a response ### Think about your best-case scenario Be an idealist for a moment! Think about what you’d really be happy with in this settlement agreement. What’s most important to you? What are the ‘nice-to-have’s? ### Now consider your worst-case scenario What’s the least that you’d settle for? Deciding your bottom limit is important as it ensures you’re not a pushover! ### What is high value to you that may be low value to your employer (and vice versa)? Some things may be really important to you and won’t cost your employer anything. An obvious example is a reference. A settlement agreement is a really good opportunity to [negotiate a fantastic reference](https://www.masonbullock.co.uk/settlement-agreement-references/). You could even write it yourself and ask your employer to endorse it! It will really help you and won’t cost your employer a penny! Similarly, there may be some factors that are crucial for your employer that you’re not too bothered about. For instance, employers usually like to keep termination payments confidential. As part of the settlement agreement, you can agree not to breathe a word about the deal to anyone. Most employees are happy with that. When considering what counter-offer to make, take some time to think about what you really want in the settlement. Give careful thought to the best-case scenario. At the same time, think about your worst-case scenario. What’s your bottom line for an acceptable settlement? If you’re able to answer these questions, you’ll be much better placed to begin the settlement agreement negotiation process. ## 2. Decide which tactics to use when you negotiate Why should your employer accept your counter-offer? Most companies won’t want to pay staff any more than the law requires. You need to consider your employer’s incentive to pay you a higher financial settlement. Why should they be open to negotiation? For example, it may be that if you refuse the proposed agreement, you could claim compensation in an Employment Tribunal. The incentive to pay you more money is that, in return, you will agree not to pursue any legal claim. Alternatively, your employer may feel a sense of moral responsibility to pay you more, even if they haven’t done anything wrong. When making a counter-offer, which tactics will you use? ### 1. The strict legal approach This may be sensible where your employer is offering you far less than you would be awarded in an employment tribunal. Essentially, you’re saying to your employer, “Unless you pay me more money, I’m taking you to a tribunal!” This is a potentially hostile approach which may be appropriate where, for example: - your employer has acted unfairly or unreasonably - the relationship has already broken down - you are seriously considering legal proceedings. If you want to approach the negotiations in this way, make sure you get legal advice from [an employment solicitor who can advise you on your rights.](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/) ### 2. Negotiating on a goodwill basis Sometimes a gentler approach can yield better rewards. You may not have any commercial or legal leverage to persuade your employer to pay you more money. In other words, the law does not require them to pay you any more than they are already offering in the proposed agreement. This is most likely to be the case where: - you’ve been [employed for under two years](https://www.masonbullock.co.uk/two-years/) - you’re being offered a [settlement agreement as an alternative to redundancy](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/). However, it may be that you can get a better offer by doing the settlement agreement negotiation on the basis of goodwill. There may not be any commercial incentive for them to pay you more, but they may genuinely want to be helpful and show gratitude for your hard work. Your grounds for settlement negotiation may include factors that an Employment Tribunal would not take into account. This may include: - The fact that you’ve contributed a lot to the business - The difficult situation that you will be in as a result of losing your job - The sacrifices that you have made in your personal life to benefit the company These tactics often work better with smaller companies where there’s a family feel to the business. If you don’t have this kind of relationship with your employer, this approach to negotiation may not be appropriate. ## 3. Ask for a Protected Conversation with your Employer Your employer should ideally make the settlement offer in the context of a [protected conversation](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/). Discussions in a protected conversation are generally ‘off the record’. That allows both you and your employer to speak freely without worrying that the other party will use their words against them. It’s similar to the [without prejudice rule](https://www.masonbullock.co.uk/without-prejudice/). If your employer doesn’t invite you to a protected conversation, you may want to ask for one yourself. This signals to your employer that you’re taking matters seriously and want to ensure the process is conducted correctly. You may find it helpful to read the [ACAS Code of Practice on Settlement Agreements](https://www.acas.org.uk/acas-code-of-practice-settlement-agreements), which contains some useful information about protected conversations. ## 4. Don’t ask for too much You may have heard in the news about former employees being awarded enormous amounts of money by an Employment Tribunal. You should not presume that you will get the same. There are [a number of factors that determine how much you should reasonably expect in a settlement](https://www.masonbullock.co.uk/settlement-agreement-how-much/). The most important ones are: - Your salary - How long it’s likely to take you to find another job - How long you’ve been employed - Any terms in your contract that entitle you to an enhanced sum - In some cases, [injury to feelings](https://www.masonbullock.co.uk/injury-to-feelings/) Some of these calculations may need to be estimated (for example, you don’t know how long it will take you to find another job). However, be reasonable in your assessment. Don’t exaggerate, or you will lose credibility. There’s no harm in making a counter-offer that is at the top end of what you can reasonably expect. After all, your employer is likely to try to negotiate down. However, if you ask for too much, your employer is unlikely to take you seriously. ## 5. Don’t ask for too little Some employees are embarrassed about asking their employer for more money. They don’t want to ask for a large amount of money, even if it’s reasonable. This may be because: - they don’t want to appear selfish or money-grabbing - they’ve had a good relationship with their employer and feel a level of loyalty - they feel that asking for more money may break an otherwise healthy relationship with their employer However, this could lead to you getting less than you should. This may mean that you experience financial difficulties unnecessarily. Be confident in asking for what you’re entitled to. Be respectful and courteous in your communications but don’t sell yourself short. Be prepared to justify why you’re asking for a certain sum of money. For example, you could explain to your employer the difficulties you will face as a result of losing your job and how long it’s likely to take you to find another one. ## 6. Find out how the settlement payments will be taxed Make sure you understand the tax position when considering a settlement offer. Otherwise, you may find you don’t receive as much money as you expected. The tax status of the various financial amounts in a settlement agreement depends on the nature of the payment. As a general rule, a termination payment is tax-free for up to £30,000. This includes any [statutory redundancy payment](https://www.gov.uk/calculate-employee-redundancy-pay). However, most other payments, such as a payment in lieu of notice, are taxable. For more information about how HMRC views termination payments, read [this article about settlement agreement tax](https://www.masonbullock.co.uk/tax-on-settlement-agreements/). ## 7. Consider non-financial matters In many cases, the most significant aspect of a settlement is the termination payment. The amount of money you receive is clearly going to be important, particularly if your employment is coming to an end. However, there are other factors that you should take into account when negotiating. For example, a settlement agreement is a good opportunity to agree on a fantastic reference with your employer. There is no law requiring an employer to give a reference. However, even if your employer is unable or unwilling to pay you more money, it won’t cost them anything to provide you with a positive reference. This can then be annexed to the agreement. If your employment contract contains [restrictive covenants that prevent you from working for a competitor or dealing with your employer’s customers](https://www.masonbullock.co.uk/restrictive-covenants-settlement-agreements/). You may want to ask for a clause in the settlement agreement that releases you from those restrictions. This will help you in your search for alternative employment. Some employers provide outplacement support. This usually consists of guidance with finding another job, assistance with preparing a CV and help with interviews. The aim is to prepare you for the job market. You may want to ask your employer to include this as part of the agreement. Other benefits you could ask for may include: - Keeping your mobile phone or at least having the number ported over - Being allowed to continue using your company car for a certain period - An announcement to your former colleagues notifying them that you’re leaving ## 8. Get a free consultation at an early stage Many law firms offer a [free initial consultation if you’re being offered a settlement agreement](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/). Why not take advantage of that? The free consultation is an opportunity to get answers to some of your questions. Your solicitor will advise you on factors such as: - The amount of compensation you should be entitled to in the settlement agreement - The most tax-efficient way to draft the agreement - Whether you have any prospect of an employment tribunal claim against your employer and what the value of that claim would be You will receive advice, not only on the law and the financial amount offered in the settlement, but also other benefits you may be able to achieve. **Not Sure Whether to Accept a Settlement Agreement?** Don’t decide without expert advice. We’ll explain your rights clearly and help you get the best possible outcome. Speak to a qualified solicitor today: 📞 [0330 333 6050](tel:+4433033336050) ## 9. Make your counter-offer When you’ve thought everything through and obtained legal advice, it’s time to make your counter-offer. You can do this verbally or in writing. If you’re making your counter-offer in writing, it is usually best to do that by email. For more information about how to do that, read our [guide to making a counter-offer](https://www.masonbullock.co.uk/counter-offer/), which includes a free template. However, there are advantages to negotiating verbally. For example, it helps to maintain rapport and empathy. Here are some tips if you’re negotiating verbally. ### Use anchors Anchors are parameters that set the frame of reference for the rest of the conversation. Pick a figure that you want but is still sensible. If you ask for too much, you come across as naïve or unreasonable. But still make sure it’s your best offer. ### Now be quiet! Silence can be a great weapon in any negotiation. Don’t over-explain what you want. By remaining quiet, you come across as much more confident. ### Be reasonable Listen to how your employer responds. Is there room for manoeuvre? What are you willing to concede on to reach a settlement? ### Listen to your employer A good negotiator will put themselves into the shoes of the other party. ### Ask open questions Instead of launching into an argument, ask a few questions to find out what your employer really wants to achieve. What are their priorities? For example, if your employer has proposed a termination date of the 30th November and you’d prefer to finish sooner, ask why they want you to finish on that date. What are the factors that prevent them from ending your employment sooner? By approaching your employer this way, you can determine their motivations and decide how best to approach the negotiation. ### Paraphrase their words back to them Make sure you’ve understood your employer fully. Recap what they’ve said so they know you’re listening and taking them seriously. ## 10. Make every effort to reach a deal on the settlement agreement There are several reasons [why a settlement agreement is preferable to an employment tribunal claim](https://www.masonbullock.co.uk/settlement-agreement-beats-employment-tribunal-claim/). For example: - It’s cheaper (in fact, your employer will usually pay your costs in full) - It’s much quicker (a tribunal claim is likely to take about a year) - It provides certainty (you can never be sure that you’ll win in a tribunal) - It’s less stressful (for most people, legal proceedings are distressing) Whilst you shouldn’t under-settle, do your best to reach a mutually agreeable settlement if you can. If you reach an agreement in principle, make sure you find out what happens next. It’s usually the job of the employer to draft the settlement agreement, but you may want to email your employer just to re-state what has been agreed. This can help avoid confusion at a later date. Once they send you the settlement agreement for approval, have a read of it and make a note of any questions you may have. Then forward it to your solicitor for advice. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Protected Conversation, Settlement Agreements **Tags:** Employment Advice --- ### [Settlement Agreements and Job References: 10 Things Employees Should Consider](https://www.masonbullock.co.uk/settlement-agreement-references/) **Published:** May 9, 2012 **Author:** Andrew Crisp **Excerpt:** If you have been offered a settlement agreement, it is important to check what your employer will say about you in a future job reference. This guide explains how agreed references work and what employees should consider before signing. **Content:** If you have been offered a settlement agreement, you may be thinking about what your employer will say about you when you apply for a new job. A reference can be very important, particularly if your employment is ending in difficult circumstances. One of the benefits of a settlement agreement is that it can include an agreed reference. This can give you greater certainty about what your employer will say to future employers. Here are 10 things you should consider. ## 1. Your employer does not usually have to provide a reference In most cases, an employer is not legally required to provide a reference. This means that, unless there is a contractual obligation or a regulatory requirement, your employer may be entitled to refuse to give one. ## 2. A factual reference may be the safest option Many employers will only provide a short factual reference confirming your job title, start date and end date. Although this may feel limited, it can avoid the risk of negative or disputed comments being made about you. ## 3. A more detailed reference needs careful thought If your employer is willing to provide a fuller reference, it may refer to matters such as your performance, disciplinary record, honesty, timekeeping, absence record and reason for leaving. You should be careful about agreeing to wording that could harm your prospects of future employment. The exact wording can be agreed as part of the [settlement agreement negotiations](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). ## 4. The reference must be true, accurate and fair If your employer provides a reference, it owes a duty of care both to you and to the prospective employer. The reference should not be misleading, inaccurate or unfair. ## 5. Ask for the reference to be agreed in the settlement agreement It is often sensible to agree the wording of the reference as part of the settlement agreement. The agreed reference can be attached as a schedule or appendix to the agreement, so that both sides know exactly what will be said. ## 6. Make sure the reference matches the circumstances of your departure If the settlement agreement says that your employment is ending by mutual agreement or redundancy, the reference should not contradict that. Inconsistent wording could create problems when you apply for a new role. ## 7. Consider what will be said orally as well as in writing A written agreed reference is helpful, but you should also consider whether managers or HR staff might speak to future employers by phone. You may want the settlement agreement to say that no oral reference will be given, or that any oral reference must be consistent with the agreed written reference. ## 8. Protect yourself if sickness absence or disability is relevant If your situation involves sickness absence, disability, or performance issues linked to a health condition, it is especially important to check the wording of any agreed reference. You will want to make sure that the reference does not include unnecessary or negative comments that could damage your prospects of finding a new job or raise discrimination concerns. ## 9. Personal references are different A former colleague or manager may be willing to give you a personal reference. This is different from a reference given on behalf of the employer. A personal reference should usually make clear that it is given in a personal capacity and not on behalf of the business. It won’t form part of the agreed settlement agreement because it’s usually a private arrangement between you and the colleague. ## 10. Get advice before signing Once you sign a settlement agreement, it can be difficult to change the agreed wording later. Before signing, make sure you get [legal advice on the settlement agreement](https://www.masonbullock.co.uk) to ensure the reference protects your position and supports your ability to move on to a new job. If you have been offered a settlement agreement and would like advice on the proposed reference, please feel free to get in touch. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [Can You Negotiate Restrictive Covenants in a Settlement Agreement?](https://www.masonbullock.co.uk/restrictive-covenants-settlement-agreements/) **Published:** September 29, 2015 **Author:** Andrew Crisp **Excerpt:** Your settlement agreement may repeat restrictions from your employment contract. Learn how restrictive covenants work and when they can be negotiated. **Content:** When you leave your employment under a settlement agreement, your employer may refer to restrictions that continue to apply after your employment ends. These are known as restrictive covenants or post-termination restrictions. In most cases, the employer is not introducing completely new restrictions in the settlement agreement. More commonly, the settlement agreement repeats, confirms or re-asserts restrictions that already exist in your employment contract. Even so, the settlement agreement process can be an important opportunity to review those restrictions and, where appropriate, negotiate a reduction in them. ## What Are Restrictive Covenants? Restrictive covenants are clauses that limit what you can do after your employment has ended. They may restrict your ability to: - work for a competitor; - contact clients, customers or suppliers; - deal with former clients or customers, even if they approach you first; - poach or recruit former colleagues; - use confidential information; or - set up a competing business. The most common types of restriction are: - **non-compete clauses**, which restrict you from working for a competitor; - **non-solicitation clauses**, which prevent you from approaching clients, customers or staff; - **non-dealing clauses**, which prevent you from dealing with certain clients or customers, even if you do not approach them first; - **non-poaching clauses**, which prevent you from recruiting former colleagues; and - **confidentiality clauses**, which restrict your use of confidential information. ## Do Restrictive Covenants Still Apply After a Settlement Agreement? If your employment contract contains restrictive covenants, they may continue to apply after your employment ends. A settlement agreement will often include wording confirming that those restrictions remain in force. Sometimes the agreement will repeat the wording of the restrictions. In other cases, it will simply refer back to the relevant clauses in your employment contract. This is why it is important to provide your solicitor with a copy of your employment contract when you are taking advice on a settlement agreement. Without the contract, it may not be possible to give full advice on the restrictions that will continue to apply after termination. ## Are Restrictive Covenants Enforceable? Restrictive covenants are not automatically enforceable. The courts have considered the enforceability of restrictive covenants in many cases, including the [Supreme Court decision in Tillman v Egon Zehnder Ltd](https://supremecourt.uk/cases/uksc-2017-0182), but in practice each case depends heavily on the wording of the restriction, the employee’s role and the real risks to the employer. The general rule is that a restriction will only be enforceable if it goes no further than reasonably necessary to protect a legitimate business interest. An employer may have a legitimate interest in protecting: - customer or client relationships; - confidential information; - trade secrets; - supplier relationships; or - the stability of its workforce. However, an employer cannot simply prevent you from competing because it would prefer you not to work elsewhere. The restriction must be proportionate and properly limited. ## What Makes a Restrictive Covenant Unreasonable? Whether a restrictive covenant is reasonable will depend on the facts. The key questions usually include the following. ### 1. How long does the restriction last? A restriction should last no longer than is reasonably necessary. For example, a six-month restriction may be easier to justify than a twelve-month restriction, but there is no fixed rule. Much depends on your seniority, your role, your access to clients or confidential information, and the nature of the employer’s business. ### 2. Which clients or customers are covered? A restriction is more likely to be reasonable if it is limited to clients or customers with whom you had material contact during a defined period before your employment ended. A restriction that applies to every client of the business, including clients you never dealt with, may be too wide. ### 3. What type of work are you prevented from doing? A covenant should usually be limited to the part of the business in which you were involved. For example, if you worked in one specialist area, it may be unreasonable for your employer to prevent you from working in a completely different area of the same industry. ### 4. Is there a geographical limit? Some restrictions apply within a particular geographical area. Whether that is reasonable depends on the nature of the role and the market. A local business may only need a narrow geographical restriction. A business operating nationally or internationally may argue for a wider restriction. ### 5. Is a non-compete clause really necessary? A non-compete clause is often the most restrictive type of covenant because it may stop you working for a competitor altogether. In many cases, an employer can protect its legitimate interests through narrower restrictions, such as a non-solicitation clause, a non-dealing clause or a confidentiality clause. For that reason, non-compete clauses can often be a particular focus when negotiating a settlement agreement. ## Can You Negotiate Restrictive Covenants in a Settlement Agreement? Yes. There may be scope to persuade your employer to waive or reduce the restrictions when you are [negotiating a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/), even where the restrictions already exist in your employment contract. This is because the employer may be asking you to sign a settlement agreement in return for compensation, waiver of claims and other promises. That gives both sides an opportunity to agree the terms on which the employment relationship will end. You may be able to negotiate: - removal of the restrictions completely; - a shorter restricted period; - a narrower definition of restricted clients or customers; - removal of a non-compete clause; - permission to work for a particular employer; - permission to deal with particular clients; - a narrower geographical area; - a carve-out for contacts you had before joining the employer; - clarification that the restrictions will not prevent you taking up a specific new role; or - confirmation that only some of the contractual restrictions will continue to apply. If the agreement includes a separate payment for restrictive covenants, there may also be [tax implications](https://www.masonbullock.co.uk/tax-on-settlement-agreements/). The best approach will depend on your negotiating position and your future plans. ## When Is It Worth Negotiating the Restrictions? It may be particularly important to negotiate restrictive covenants if: - you already have another job offer; - you want to work for a competitor; - you are planning to set up your own business; - the restrictions are very long; - the restrictions apply to clients you never dealt with; - the restrictions would prevent you earning a living in your normal field; - the settlement compensation is modest compared with the restrictions being imposed; - your employer is keen for you to sign quickly; or - there is a dispute about the circumstances of your departure. Sometimes the practical issue is not simply whether the covenant would ultimately be enforceable in court. The existence of the restriction may still create uncertainty, delay your next move, or cause concern for a prospective employer. For that reason, it is often better to deal with the issue clearly in the settlement agreement rather than leave it unresolved. ## What If Your Employer Refuses to Remove the Restrictions? Your employer may refuse to remove the restrictions completely. However, that does not necessarily mean the issue is closed. You may still be able to negotiate a compromise. For example, instead of asking for all restrictions to be removed, you could ask for: - the non-compete clause to be removed, while accepting narrower non-solicitation restrictions; - the duration to be reduced from twelve months to six months; - the restrictions to apply only to named clients; - written consent to take a specific role; - clarification that passive contact from former clients will not breach the agreement; or - an agreed list of companies or clients that are outside the restriction. A practical compromise may be more achievable than complete removal. Alternatively, if your employer insists that you remain bound by the restrictive covenants, you could use that as leverage for negotiating a higher payment to reflect the length of time you’ll be out of work. ## Why Your Solicitor Needs to See Your Employment Contract When advising you on a settlement agreement, your solicitor should also review the restrictive covenants in your employment contract. This matters because the settlement agreement may not set out the restrictions in full. It may simply say that the restrictions in your contract continue to apply. Your solicitor will need to consider: - what restrictions are already in the contract; - whether the settlement agreement repeats or changes them; - whether the employer is asking for any new restrictions; - whether the restrictions appear too wide; - how they affect your future employment plans; and - whether there is scope to negotiate narrower wording. You should therefore send your solicitor a copy of your employment contract, any amendments to it, and details of any new role or business plans. ## Should You Agree to Restrictive Covenants in a Settlement Agreement? You should not ignore restrictive covenants just because they are already in your employment contract. The [value of a settlement offer](https://www.masonbullock.co.uk/settlement-agreement-how-much/) should be assessed in the round, including whether the restrictions may limit your next job or business plans. The settlement agreement may be your best opportunity to negotiate them. Before signing, ask yourself: - Will these restrictions affect my next job? - Could they prevent me working for a competitor? - Do they apply for longer than necessary? - Do they cover clients I never dealt with? - Are they wider than my employer reasonably needs? - Could I ask for them to be reduced? - Should the agreement include permission for a specific future role? A settlement agreement is not just about the compensation payment. It is also about the terms on which you move on. ## Would You Like Help Removing Restrictive Covenants? If you’ve been offered a settlement agreement, you’ll need to make sure you receive legal advice on it. It’s a great opportunity to negotiate a release from restrictive covenants. Our [settlement agreement advice service](https://www.masonbullock.co.uk/) can help you understand the restrictions, the compensation package and the practical effect of signing. We advise clients throughout the UK and there’s no need to make an appointment. Call us now for a free consultation. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [What are Protected Characteristics?](https://www.masonbullock.co.uk/what-is-a-protected-characteristic/) **Published:** April 26, 2012 **Author:** Andrew Crisp **Excerpt:** A simple guide to the 9 protected characteristics under the Equality Act 2010 and why they may matter if you are offered a settlement agreement. **Content:** A **protected characteristic** is a personal characteristic protected by the Equality Act 2010. The 9 protected characteristics are listed in [section 4 of the Equality Act](https://www.legislation.gov.uk/ukpga/2010/15/section/4). If you have been offered a settlement agreement, protected characteristics may be relevant if you believe you have been treated badly because of who you are, your personal circumstances, or something connected with one of those characteristics. For example, protected characteristics may be relevant if your settlement agreement follows: - redundancy; - dismissal; - a grievance; - sickness absence; - maternity leave; - workplace conflict; - a performance process; or - a protected conversation. You do not need to use legal language when explaining what happened. However, it can be helpful to understand whether your treatment may be connected with one of the protected characteristics. ## The 9 Protected Characteristics There are 9 protected characteristics under the Equality Act 2010. ## 1. Age Age means a person’s age or age group. This could include being treated less favourably because you are young, older, approaching retirement age, or within a particular age bracket. In a settlement agreement context, age may be relevant if, for example, you believe you were selected for redundancy, managed out, or treated differently because of your age. ## 2. Disability A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. This can include physical conditions, mental health conditions, progressive conditions and long-term illnesses. Disability may be relevant to a settlement agreement if your employment is ending after sickness absence, performance concerns, capability proceedings, requests for adjustments, or difficulties connected with a health condition. ## 3. Gender Reassignment Gender reassignment protects people who are proposing to undergo, are undergoing, or have undergone a process of changing sex. An employee does not need to have had medical treatment to be protected. This may be relevant if the employee believes they have been treated badly because they are trans or because of something connected with gender reassignment. ## 4. Marriage and Civil Partnership This protects employees from being treated less favourably because they are married or in a civil partnership. This characteristic is narrower than some of the others. It does not cover being single, divorced, engaged or cohabiting. ## 5. Pregnancy and Maternity Pregnancy and maternity protect employees from being treated unfavourably because of pregnancy, pregnancy-related illness, maternity leave or matters connected with maternity. This may be relevant if a settlement agreement is offered during pregnancy, maternity leave, or shortly after returning to work. It may also be relevant if redundancy, dismissal or changes to role appear to be connected with pregnancy or maternity leave. ## 6. Race Race includes colour, nationality, ethnic origins and national origins. Race discrimination may be relevant if you believe you have been treated differently because of your race, ethnicity, nationality, accent, cultural background or immigration-related assumptions. ## 7. Religion or Belief Religion means any religion. Belief can include religious or philosophical beliefs. It can also include a lack of religion or belief. This may be relevant if you believe your employer has treated you badly because of your faith, your beliefs, your lack of belief, or because of something connected with those beliefs. ## 8. Sex Sex means whether someone is a man or a woman. Sex discrimination may be relevant if you believe you have been treated less favourably because you are male or female. It may also be relevant in cases involving unequal treatment, assumptions about caring responsibilities, pregnancy-related issues, harassment, or workplace culture. ## 9. Sexual Orientation Sexual orientation means a person’s sexual orientation towards people of the same sex, the opposite sex, or either sex. This may be relevant if you believe you have been treated badly because you are gay, lesbian, bisexual, heterosexual, or because of assumptions about your sexual orientation. The Equality and Human Rights Commission also provides [guidance on protected characteristics](https://www.equalityhumanrights.com/equality/equality-act-2010/protected-characteristics) and discrimination under the Equality Act. ## Why Protected Characteristics Matter in Settlement Agreements Protected characteristics matter because they may affect the strength and value of any employment claims you are being asked to give up in the settlement agreement. Most settlement agreements require you to waive a wide range of claims, including discrimination claims. If the background to your settlement agreement involves possible discrimination, that may be relevant when considering: - [whether the compensation offered is reasonable](https://www.masonbullock.co.uk/settlement-agreement-how-much/); - whether you have potential claims under the Equality Act 2010; - whether your [negotiating position](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) is stronger; - whether the wording of the agreement needs changing; - whether the tax treatment of compensation needs careful consideration; and - whether you need specific protections, such as an agreed reference or confidentiality wording. A settlement agreement is not only about the amount of money offered. It is also about what claims you are giving up and whether the agreement properly protects your position. ## Examples of When Protected Characteristics May Be Relevant Protected characteristics may be relevant if: - you were selected for redundancy shortly after announcing pregnancy; - your employment ended after disability-related sickness absence; - you were criticised for performance issues linked to a medical condition; - your employer ignored requests for reasonable adjustments; - you were treated differently because of your age; - comments were made about your race, nationality, religion, sex or sexual orientation; - you were excluded, disciplined or dismissed after raising discrimination concerns; - your role changed after maternity leave; or - you were offered a settlement agreement after making a grievance about discrimination. These examples do not automatically mean that you have a claim. However, they are warning signs that the background should be considered carefully before you sign. ## What Should You Tell Your Settlement Agreement Solicitor? If you think a protected characteristic may be relevant, tell your solicitor as early as possible. It may help to explain: - what happened; - when it happened; - who was involved; - what was said or done; - whether there are emails, messages or documents; - whether anyone else was treated differently; - whether you raised a grievance; and - how the treatment affected your decision to consider the settlement agreement. Your solicitor can then consider whether the issue affects your advice, your negotiating position, or the wording of the settlement agreement. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [Is a Settlement Agreement Taxable? A Simple Guide for Employees](https://www.masonbullock.co.uk/tax-on-settlement-agreements/) **Published:** August 12, 2021 **Author:** Andrew Crisp **Content:** Understanding the tax implications of a settlement agreement is crucial if you need to know how much you’ll receive. Without clarity on the tax aspect of what you’re being offered, you might find yourself with less than expected. Your employer may offer a specific settlement amount, but calculating what you actually receive after deductions for income tax and National Insurance is another matter entirely. The last thing you want is a nasty surprise when your payout is smaller than expected due to deductions. In this guide, you’ll learn all you need to know about the tax implications of a settlement agreement and how to ensure you don’t pay more tax than you need to. **Been offered a settlement agreement? Get free legal advice today.** Call now for a **free, confidential consultation** with a qualified solicitor: [**0330 333 6050**](tel:+4433033336050) ## What is a settlement agreement? A settlement agreement is a legally binding contract between you and your employer. In exchange for a sum of money, you waive your rights to bring legal claims against your employer, often in situations like redundancy, unfair dismissal, or workplace disputes. To learn more, read our free guide: [What is a Settlement Agreement? Advice for Employees](https://www.masonbullock.co.uk/what-is-a-settlement-agreement/) ## How much tax will you pay on your termination payments? Usually (but not always), an employer offers a settlement agreement because your employment is ending. When you leave a job, whatever payments the company makes to you are called “Termination Payments” by HMRC. These include - redundancy payments - compensation for loss of employment, often referred to as an ex-gratia payment - pay in lieu of notice (commonly abbreviated to PILON) - holiday pay - unpaid wages As long as the settlement agreement payment is made because your employment is being terminated for whatever reason, then the tax laws covering Termination Payments will apply. Let’s look at how the different types of payment are taxed. ### Is an ex-gratia payment taxable? Under UK tax law, the first £30,000 of your settlement payment is free from income tax and National Insurance. This part of the payment is often referred to as a ‘compensation’ or ‘ex-gratia’ payment, meaning it’s a goodwill payment not required by your employment contract. The balance over £30,000 is subject to tax at the employee’s marginal rate. However, you won’t have to pay employee national insurance. ### Is a redundancy payment taxable? You may have been offered a [settlement agreement as an alternative to redundancy](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/). This usually means your employer will consider your statutory redundancy payment entitlement. A statutory redundancy payment is a payment you are legally entitled to when your employment ends because of redundancy. It’s calculated according to your length of service, weekly pay and age. It is also subject to a cap, which changes each year. You can calculate your current entitlement on [this government website](https://www.gov.uk/calculate-employee-redundancy-pay). If you’re not sure how much your entitlement is, you may find it helpful to speak to a [solicitor who specialises in settlement agreement advice](https://www.masonbullock.co.uk/). Any statutory redundancy payment you receive can be paid tax-free in full. Your employment contract may entitle you to receive more than the statutory minimum if you’re made redundant. This is known as a contractual redundancy payment. If you’re receiving a contractual redundancy payment, the first £30,000 (including any statutory redundancy payment) is tax-free. The balance over £30,000 is subject to tax and employer National Insurance contributions (but not subject to employee National Insurance contributions). For the avoidance of doubt, the £30,000 threshold applies to the total of your tax-free payments, including any redundancy or ex-gratia payment. You don’t get a separate £30,000 threshold for each sum you receive. ### Is a Payment in Lieu of Notice (PILON) taxable? Any payment in lieu of notice (PILON) in your settlement agreement is taxed like regular earnings. If you don’t serve your whole notice period and you also don’t receive a PILON, then a percentage of your settlement payment will be treated as post employment notice pay (PENP). This is also treated as salary and taxed. There is no way to avoid paying tax on notice pay. It’s not possible to avoid tax by paying post employment notice pay as part of the compensation payment. ### Is holiday pay taxable? When your employment ends, you can be paid for any holiday you haven’t taken. This also forms part of your taxable income, even if paid under a settlement agreement. ### What about payments for restrictive covenants? A clauses that limits your actions after you leave your job is known as a [restrictive covenants](https://www.masonbullock.co.uk/restrictive-covenants-settlement-agreements/). This my include preventing you from working with competitors or from poaching customers. Your settlement agreement may include a nominal taxable payment, such as £250, for agreeing to new restrictive covenants. That minimises the risk that HMRC will say that the compensation payment is actually a payment for entering into restrictions, which would lead to the whole payment becoming taxable. ### Is compensation for discrimination subject to tax? If you have been treated less favourably because of a protected characteristic, such as race, gender, disability, etc., you’re entitled to compensation. For a full list of protected characteristics, [click here](https://www.masonbullock.co.uk/what-is-a-protected-characteristic/). The compensation usually includes an element for injury to feelings, although it may include other factors, such as loss of earnings. The tax status of a payment for discrimination depends on several factors. - If the payment is compensation for **injury to feelings** arising from discrimination and the discrimination is not related to the termination of employment, it can be paid tax free. - If the payment compensates for **loss of earnings** and the discrimination is not related to the termination of employment, the payment should be taxed - If the payment compensates for **injury to feelings and/or loss of earnings** and the discrimination relates to the termination of employment, the payment can be paid tax free, subject to the maximum of £30,000 Settlement agreements are usually used when employment is ending, so the basic rule that the first £30,000 can be paid tax-free will apply. ## How to minimise tax in a settlement agreement In some circumstances, there may be ways you can reduce your tax liability when negotiating a settlement agreement. Every situation is different so you should make sure you get independent legal advice before deciding what to do. ### Paying part of the taxable amount into your pension fund You may be able to reduce your tax liability by asking your employer to pay some of the taxable amount into your pension. A registered pension scheme payment is usually tax-free, subject to pension contribution limits, but you won’t have immediate access to it. If you’d like to consider this option, we recommend you speak to your pension fund administrators first. You may also want to seek independent financial advice on whether it’s the best option for you. Most solicitors are not authorised to give specific financial advice. ### Deferring payment until the next financial year As a general rule, you’re taxed on income when you become entitled to it. Most employees want their termination payments as soon as possible. However, there may be some advantages to deferring payments. You could agree with your employer to defer payments until the next financial year to reduce tax liability if you pay tax at a lower rate in that year. This approach may be more attractive if you’re close to the end of the current financial year. ## What happens if you don’t pay the right amount of tax? Your employer should understand how different types of payments are taxed. But that’s not a guarantee that they’ll get it right. Whether or not various payments are taxable is a matter of fact rather than choice. This means that even if your settlement agreement states a payment is tax-free, HMRC may take a different view. If your employer gets the tax calculations wrong, HMRC may pursue them for unpaid tax. If they reclaim tax from your employer, a tax indemnity clause could mean your employer can claim it back from you. Tax indemnity clauses in agreements state that if HMRC later decides more tax should have been paid, the employee is responsible for paying that extra tax back to the employer. That’s why it’s essential to ensure the tax treatment is accurate. An employment solicitor can advise on whether the tax treatment of the payments is correct. You may need to obtain specialist tax advice if your settlement agreement is unusually complex. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Redundancy, Settlement Agreements --- ### [World Cup 2026 - A Guide for Employees](https://www.masonbullock.co.uk/own-goal/) **Published:** June 6, 2014 **Author:** Andrew Crisp **Content:** With the World Cup happening again this year, many employees will be keen to keep up with matches during working hours. However, it is important to understand your rights and responsibilities at work. Our employment solicitors explain a few practical points to bear in mind. ## 1. Ask about flexible hours Your employer may be willing to allow some flexibility during the tournament, such as starting earlier, finishing later, or making up time on another day. However, you should not assume this is allowed. If there is a match you particularly want to watch, speak to your employer in advance and ask whether flexible working arrangements are available. ## 2. Check whether shift swaps are allowed Some employers may allow employees to swap shifts so they can watch particular games. This can be a practical option, especially in workplaces where cover is needed throughout the day. If you want to swap a shift, make sure you follow your employer’s procedure and get approval before making any changes. ## 3. Consider annual leave or unpaid leave If you want time off to watch matches, you may be able to request annual leave. Some employers may also allow unpaid leave during major sporting events. You should make any request as early as possible. Your employer does not have to agree to time off if there is a genuine business reason for refusing it. ## 4. Be careful with internet use at work Watching matches, checking scores, or following updates online during working hours may breach your employer’s internet, social media, or IT policy. Some employers may allow a reasonable level of flexibility. Others may take a stricter approach. The safest course is to check what your employer permits before using work equipment or work time to follow matches. ## 5. Watching live matches at work If live football is being shown at work, there may be TV licensing issues for the employer. This is usually something the employer is responsible for, but employees should still avoid arranging or streaming live matches at work without permission. ## 6. Avoid unauthorised absence Taking time off without permission to watch a match, or calling in sick when you are not genuinely unwell, could lead to disciplinary action. The same applies if you are absent or unfit for work because of alcohol after watching a match. If you want time off, it is better to ask in advance rather than risk disciplinary consequences. ## 7. Be respectful to colleagues Not everyone supports the same team. Workplace discussions about football can be enjoyable, but comments about nationality, race, ethnicity, or religion can cross the line into unlawful discrimination or harassment. What one person sees as “banter” may be offensive or discriminatory to someone else. Employees should take care to treat colleagues respectfully and avoid comments that could lead to a grievance or disciplinary issue. ## Final thoughts The best approach is to communicate with your employer early, understand the workplace rules, and avoid making assumptions. If you are facing disciplinary action or believe you have been treated unfairly in connection with World Cup-related absence or conduct, you may wish to take employment law advice. **Categories:** Employment Law --- ### [Improper Behaviour in a Protected Conversation: What Employees Need to Know](https://www.masonbullock.co.uk/improper-behaviour-protected-conversation/) **Published:** May 11, 2026 **Author:** Andrew Crisp **Excerpt:** Improper behaviour in a protected conversation may include threats, undue pressure, bullying, discrimination, or ambushing an employee with an unexpected settlement offer. This guide explains when a protected conversation may lose its protection and what employees should do next. **Content:** A protected conversation is meant to allow an employer and employee to discuss a possible settlement agreement openly without worrying that what they say could be used against them. However, the protection is not unlimited. If there is “improper behaviour” on the part of your employer, some or all of what was said may be allowed as evidence in an Employment Tribunal. This article looks specifically at improper behaviour during a protected conversation. If you want a general explanation of what a protected conversation is, you may wish to read our separate [guide to protected conversations](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/). ## What does “improper behaviour” mean? Improper behaviour means conduct that makes it unfair for the employer to rely on the usual protection given to a protected conversation. There is no complete list of what counts as improper behaviour. An Employment Tribunal will look at the facts of each case. This may include what was said, how it was said, how the meeting was arranged, whether you were put under pressure, and whether you were given a fair opportunity to consider the offer. In other words, the Tribunal may look at the whole picture, not just the employer’s choice of words. ## Examples of improper behaviour in a protected conversation Improper behaviour may include the following. ### Threatening dismissal if you do not accept the offer One of the clearest warning signs is being told that you will be dismissed if you do not accept the settlement agreement. There is an important difference between an employer calmly explaining possible next steps and an employer threatening you. For example, an employer may be able to say: > “If we cannot agree terms, we may need to begin a formal redundancy process.” That is different from saying: > “If you do not accept this offer, you will be dismissed.” The second statement may amount to undue pressure, particularly if no fair redundancy, disciplinary or capability process has taken place. ### Improper behaviour can include putting you under undue pressure A protected conversation should not be used to force you into a quick decision. Improper pressure may include: - demanding an immediate answer; - telling you that the offer will be withdrawn unless you accept straight away; - discouraging you from taking legal advice; - pressuring you to resign; - suggesting that there is no point challenging the employer’s decision. Acas recommends that employees should normally be given [at least 10 calendar days](https://www.acas.org.uk/acas-code-of-practice-settlement-agreements/html) to consider the proposed written terms of a settlement agreement and obtain independent legal advice. ### Ambushing you with an unexpected meeting Sometimes employees are called into a meeting without warning and then suddenly presented with an offer to leave their job. This can feel like an ambush. An unexpected meeting will not automatically make a protected conversation improper. However, it may be relevant if, taken together with other factors, the employee was placed under unfair pressure. For example, the situation may be more concerning if you were given no warning, no explanation, no chance to prepare, and were then pressured to accept an offer immediately. ### Refusing a reasonable request to be accompanied There is no automatic legal right to be accompanied at a protected conversation. That is different from certain disciplinary or grievance hearings. However, Acas says that allowing an employee to be accompanied by a work colleague or trade union representative is good practice. A refusal to allow a companion may be relevant when considering whether the employer behaved improperly, especially if the meeting was unexpected or difficult. ### Bullying, intimidation or aggressive behaviour A protected conversation should not involve bullying or intimidation. Bullying is not always easy to define, but, depending on the circumstances, examples may include: - shouting; - using offensive or humiliating language; - making personal attacks; - threatening disciplinary action without proper basis; - making the employee feel they have no real choice. An employer can explain genuine concerns about performance, conduct or redundancy. But those concerns should be raised in a calm and reasonable way. ### Discrimination or victimisation A protected conversation will not protect discriminatory behaviour. If the conversation involves discrimination because of age, disability, sex, race, pregnancy, maternity, religion or belief, sexual orientation, gender reassignment, or another protected characteristic, the employee may still be able to rely on what was said. The same may apply where the employer is victimising the employee because they have complained about discrimination or asserted legal rights. ## What if the employer says the conversation is “off the record”? Employers sometimes say that a conversation is “off the record” or “without prejudice” as though that automatically prevents the employee from ever mentioning it again. That is not always correct. Whether the conversation is protected depends on the legal rules and the circumstances. If there has been improper behaviour, or if the employee has claims other than ordinary unfair dismissal, the conversation may still be relevant. ## Protected conversations do not cover every type of claim Section 111A protection mainly applies to ordinary unfair dismissal claims. It does not necessarily stop the conversation being used in other types of claim. For example, a protected conversation may still be relevant to claims involving: - discrimination; - whistleblowing; - automatic unfair dismissal; - asserting statutory rights; - unlawful deduction from wages; - breach of contract; - wrongful dismissal. This is one reason why it is important to take legal advice before assuming that the conversation can never be mentioned. ## What should you do if you think your employer engaged in improper behaviour? If you believe your employer behaved improperly during a protected conversation, try to make a clear record of what happened. You should write down: - the date and time of the meeting; - who was present; - how the meeting was introduced; - whether you were given advance notice; - whether you were allowed to bring someone with you; - what was said about dismissal, redundancy or disciplinary action; - how long you were given to consider the offer; - whether you felt pressured to accept. Do this as soon as possible, while the details are fresh in your mind. ## Should you reject the settlement agreement? Not necessarily. Even if your employer has behaved badly, the settlement agreement may still be worth considering. The key question is whether the offer is good enough in light of your legal rights, the pressure you have been placed under, and the potential claims you may have. In some cases, improper behaviour may give you more leverage when [negotiating a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). The best approach may be to negotiate calmly without immediately threatening a Tribunal claim. A solicitor can help you decide how to respond. ## Can improper behaviour help you negotiate a better settlement? Yes, it can. If your employer has put you under unfair pressure, threatened dismissal, refused reasonable time to consider the offer, or acted in a discriminatory way, this may increase the risk to them. That risk can sometimes be used to negotiate a better settlement package. This may include: - a higher compensation payment; - payment in lieu of notice; - an agreed reference; - payment of bonus, commission or holiday pay; - changes to restrictive covenants; - an agreed internal and external announcement. ## How Mason Bullock Solicitors can help At Mason Bullock Solicitors, we advise employees on settlement agreements and protected conversations. If you are concerned that your employer has behaved improperly, we can help you understand: - whether the conversation may still be protected; - whether you may have Employment Tribunal claims; - [whether the settlement offer is reasonable](https://www.masonbullock.co.uk/settlement-agreement-how-much/); - how much more you may be able to ask for; - how to respond without damaging your position. ## Need Advice on a Protected Conversation? Get Free Expert Advice Today! Are you looking for advice on a protected conversation? Contact an employment law specialist. - **Specialised Expertise:** We are employment law specialists, providing tailored advice on protected conversations and settlement agreements. - **Proven Success:** We have advised hundreds of satisfied clients on resolving their employment issues. - **No-Obligation Case Assessment:** Get a **FREE Case Assessment** to discuss your unique situation and learn how to respond to your employer effectively. ### No Charge to You In most cases, your employer covers our fees, so there’s no cost to you. For additional services, we offer straightforward, honest pricing with no hidden fees—just clear, up-front costs tailored to your case. ### Take Action Now! To receive free advice on a protected conversation or settlement agreement, call [**0330 333 6050**](tel:03303336050) Prefer a callback? Simply fill out the form below, and we’ll be in touch shortly. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Protected Conversation, Settlement Agreements --- ### [Protected Conversation Advice: Essential Tips for Employees](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/) **Published:** January 28, 2026 **Author:** Andrew Crisp **Excerpt:** Protected conversations allow employers and employees to have off-the-record discussions about ending employment on agreed terms. This guide explains when protected conversations apply, their limits, and what employees should consider before accepting a settlement offer. **Content:** Being invited to a protected conversation can feel unsettling or even alarming, especially if it’s your first time hearing the term and you’re not sure what it means. You might be wondering whether your job is at risk, what your rights are, or how to respond. Whether you’ve just had a protected conversation or been invited to one, this guide will help you understand what it means, what to expect, and how to ensure your rights are protected. **Do You Need Advice About a Protected Conversation?** Call for a free, confidential consultation today: [**0330 333 6050**](tel:03303336050) [Or click here to complete a form, and we’ll call you.](#protected-conversation-cta) ## What is a protected conversation? A protected conversation is an ‘off-the-record’ discussion between you and your employer aimed at exploring the possibility of ending your employment through a [settlement agreement](https://www.masonbullock.co.uk/what-is-a-settlement-agreement/). The key benefit of a protected conversation is that, as long as it’s conducted properly, anything said during this meeting can’t be used as evidence in an unfair dismissal claim. This means that both you and your employer can speak openly without worrying that those words will later be used in court. However, there are some important exceptions to this rule. If the conversation involves improper behaviour, it loses its protected status. Improper behaviour can take many forms, including: - Harassment, bullying, or intimidation - Discrimination based on characteristics such as age, sex, race, disability, sexual orientation, religion or belief, gender reassignment, pregnancy and maternity, or marital/civil partnership status - Unfair pressure, like threatening dismissal if a settlement offer is not accepted We explain this in more detail in our guide to [improper behaviour in a protected conversation](https://www.masonbullock.co.uk/improper-behaviour-protected-conversation/), including what to do if you feel you have been pressured, ambushed, or threatened. It’s also crucial to note that the protections offered apply only to unfair dismissal claims. If your situation involves other legal claims, such as discrimination or breach of contract, the content of the conversation may still be admissible in those cases. ## Is a protected conversation confidential? While the details of a protected conversation generally cannot be used as evidence in an unfair dismissal claim, this doesn’t automatically make the conversation confidential in every respect. The level of confidentiality often depends on an agreement between you and your employer. For instance, you might need the flexibility to discuss the conversation with a trusted family member or legal adviser to make an informed decision. Similarly, your employer may wish to consult with senior management or an HR consultant. To avoid misunderstandings, it’s important to clarify and agree on who can be involved in these discussions from both sides. ## What’s the purpose of a protected conversation? The purpose of a protected conversation is to allow an employer and employee to discuss sensitive employment matters openly, without the fear that these discussions will lead to legal proceedings. It provides both parties with a safe space to explore mutually beneficial solutions, such as a settlement agreement, without the risk of their words being used against them later. An employer may want to propose a termination of employment on mutually agreed terms. There may be several reasons for this, but it’s often because of issues such as: - Concerns about poor performance - Changes within the organisation - Redundancy - Clash of personalities Rather than going through lengthy formal procedures, such as disciplinary action or a redundancy procedure, protected conversations offer a smoother and more amicable route to negotiate an exit, often involving a financial settlement. Before the law was changed in 2013, many employers hesitated to have frank discussions with employees due to the risk of legal repercussions. In some cases, these conversations backfired, leading to situations where employees felt compelled to resign and then pursued claims for constructive dismissal. To address this, the government introduced the new law to provide legal protection for both parties. As former Prime Minister David Cameron explained in a 2011 speech, the goal was to allow “the boss and an employee \[to\] sit down together and have a frank conversation – at either’s request.” This policy became law in 2013, with the relevant provisions added to [Section 111A of the Employment Rights Act 1996.](https://www.legislation.gov.uk/ukpga/1996/18/section/111A) ## What is Section 111A of the Employment Rights Act 1996? If your employer has invited you to a protected conversation, they may have referred to Section 111A of the Employment Rights Act 1996. This legal provision states that evidence of pre-termination negotiations—such as offers or discussions about ending your employment through a settlement agreement—cannot be used in an unfair dismissal claim. Essentially, it allows you and your employer to negotiate openly and confidently without the risk that these conversations will be presented in an employment tribunal. **Been Invited to a Protected Conversation?** Get free, expert legal advice. We’ll explain your rights clearly and help you get the best possible outcome. Speak to a qualified solicitor today:📞 [0330 333 6050](tel:03303336050)Prefer a call back? [Complete our quick form](#protected-conversation-cta) and we’ll get in touch at a time that suits you. ## Is a protected conversation the same as a without prejudice discussion? Not quite. Protected conversations are sometimes confused with “without prejudice” discussions. Both can allow employers and employees to speak more openly about a possible settlement, but they are not the same thing. A protected conversation does not usually require an existing dispute, but it only protects discussions from being used in ordinary unfair dismissal claims. By contrast, a without prejudice conversation usually requires an existing dispute, but can apply to a wider range of legal claims. We explain the difference in more detail in our guide to [protected conversations vs without prejudice discussions](https://www.masonbullock.co.uk/without-prejudice/). ## Should you accept an invitation to a protected conversation? You’re under no obligation to accept the invitation. However, it can often be in your best interests to attend because it provides a chance to understand what your employer is offering—whether it’s a financial settlement or an alternative exit arrangement—without any immediate commitment on your part. By participating, you can explore potential benefits, such as a more favourable severance package, continued benefits, or even support in finding new employment. Additionally, the discussion is off the record, which means that, under normal circumstances, nothing discussed can be used against you in an unfair dismissal claim. This allows you to engage in open dialogue without fear of legal consequences. It’s also worth remembering that attending the conversation doesn’t mean accepting the proposed terms. You can reject the offer, negotiate for better terms, or seek further advice. It can be wise to consult with a solicitor before making any decisions to ensure your rights are protected and you fully understand the implications of any settlement. ## Can you initiate a protected conversation yourself? While a protected conversation is typically initiated by the employer, as an employee, you also have the right to request one, provided its purpose is to discuss a settlement agreement. If you feel that ending your employment on mutually agreeable terms is the best course of action, you can approach your employer to see if they’re open to having this type of discussion. You may find information on how your employer handles protected conversations in your staff handbook. However, without formal guidance, you can simply send a polite email expressing your interest. Here’s an example of how you might phrase it: --- **Example email** > Dear \[name\] > > I would like to have a meeting about the possibility of bringing my employment to an end by way of a settlement agreement. > > I understand that, under section 111A of the Employment Rights Act 1996, this meeting should be conducted by way of a protected conversation. > > Please could you let me know a convenient time. > > Regards --- If your employer isn’t familiar with this type of meeting, you could refer them to the [ACAS Code of Practice on Settlement Agreements](https://www.acas.org.uk/acas-code-of-practice-settlement-agreements), which outlines the process and legal framework. The timing of your request can be crucial to achieving a favourable settlement. Consider your employer’s perspective—they may want to avoid the complexities of a formal disciplinary or [redundancy procedure](https://www.masonbullock.co.uk/redundancy-procedure/). By starting the discussions early, when tensions are lower and before any formal action is taken, your employer may be more willing to explore a settlement. This proactive approach can often lead to a smoother, more amicable resolution for both parties. ## How can you make the most of a protected conversation? Thorough preparation will minimise stress and help your confidence. Write down a list of questions that you want to ask, such as: - Why is my employment being proposed for termination? - How much money are they offering you, and[ how has the settlement offer been calculated](https://www.masonbullock.co.uk/settlement-agreement-how-much/)? - Will I be required to work my notice period, or will it be paid in lieu? - Will you provide me with a reference, and if so, what will it say? - What happens if I don’t agree to the terms of the settlement agreement? Remember, you are under no obligation to accept any offer of a settlement agreement. You may want to speak to a [settlement agreement solicitor](https://www.masonbullock.co.uk/) before deciding how to respond. Your employer typically covers the [cost of legal advice on the settlement agreement](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/), so make sure you ask about this. To clarify the terms being offered, ask your employer to provide the proposal in writing—either as a draft settlement agreement or in the form of an email or letter. This will allow you to review the details carefully and consult your legal adviser before making any decisions. By asking the right questions and securing all the relevant information, you’ll be better equipped to evaluate whether the terms offered are in your best interest and whether there’s scope for [negotiating a better deal on the settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). ## Do you have the right to have a companion with you? Legally, you do not have the right to be accompanied during a protected conversation. This differs from disciplinary or grievance hearings, where you can bring a colleague or representative. However, many employers recognise that allowing an employee to bring a companion—such as a colleague or union representative—is good employment practice. Some companies even have policies specifically permitting this. While you can’t insist on being accompanied, it’s worth asking your employer if they will allow it. A trusted companion can provide emotional support, help take notes, and ensure you fully understand the discussion. If your employer refuses, we recommend attending the meeting on your own, if you feel comfortable doing so, to ensure you don’t miss the opportunity to hear what they have to offer. ## Can You Negotiate on a Settlement Agreement? During a protected conversation, your employer will probably propose a settlement agreement to end your employment on agreed terms. While the initial offer might seem fixed, there is often room for negotiation, allowing you to secure better terms. Check out our [comprehensive guide to negotiating the best settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) for valuable tips on getting the best possible deal. While the financial settlement is usually the primary focus, don’t overlook other important aspects of the agreement that could benefit you in the long run. Consider negotiating for: - A detailed reference: A positive, detailed reference can help secure future employment. - Outplacement support: This could include professional assistance with job searches, CV writing, and interview preparation, giving you a head start in your next career move. - Release from restrictive covenants: If your employment contract contains post-employment restrictions (e.g., non-compete clauses), negotiating a release from these can give you more freedom in your job search. You can ensure the settlement agreement works in your best interests by addressing financial and non-financial terms. ## What happens next? Once a settlement agreement has been proposed, your employer should give you reasonable time to consider it. While [ACAS recommends ten days](https://www.acas.org.uk/acas-code-of-practice-settlement-agreements), it’s common for employers to offer less time. Be sure to check the deadline and confirm an extension is possible if you need more time. You must seek independent legal advice to ensure the settlement agreement is legally binding. Without this, the agreement cannot be enforced. Your employer will typically cover the [cost of getting legal advice on your settlement agreement](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/). ## Need Advice on a Protected Conversation? Get Free Expert Advice Today! Are you looking for advice on a protected conversation? Contact an employment law specialist. - **Specialised Expertise:** We are employment law specialists, providing tailored advice on protected conversations and settlement agreements. - **Proven Success:** We have advised hundreds of satisfied clients on resolving their employment issues. - **No-Obligation Case Assessment:** Get a **FREE Case Assessment** to discuss your unique situation and learn how to respond to your employer effectively. ### No Charge to You In most cases, your employer covers our fees, so there’s no cost to you. For additional services, we offer straightforward, honest pricing with no hidden fees—just clear, up-front costs tailored to your case. ### Take Action Now! To receive free advice on a protected conversation or settlement agreement, call [**0330 333 6050**](tel:03303336050) Prefer a callback? Simply fill out the form below, and we’ll be in touch shortly. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Protected Conversation, Settlement Agreements **Tags:** Employment Advice --- ### [Protected Conversation vs Without Prejudice: What’s the Difference?](https://www.masonbullock.co.uk/without-prejudice/) **Published:** March 2, 2021 **Author:** Andrew Crisp **Excerpt:** Protected conversation vs without prejudice: understand the key differences, when each type of off-the-record discussion is protected, and what employees should do before responding to a settlement offer. **Content:** Being told that a meeting is “without prejudice” or that your employer wants to have a “protected conversation” can be confusing. Both phrases are often used when an employer wants to discuss a possible settlement agreement, but they do not mean exactly the same thing. This guide explains the difference between a protected conversation and a without prejudice conversation, when each type of protection applies, and what you should do if your employer has invited you to an “off-the-record” meeting. ## What is a protected conversation? A protected conversation is a discussion between you and your employer about ending your employment on agreed terms, usually through a settlement agreement. The legal protection comes from **section 111A of the Employment Rights Act 1996**. This says that evidence of “pre-termination negotiations” is generally inadmissible in an ordinary unfair dismissal claim. In simple terms, if your employer offers you a settlement agreement during a protected conversation, you usually cannot refer to that discussion as evidence if you ever claim unfair dismissal. The purpose is to allow employers and employees to speak openly about a possible agreed exit, without either side worrying that the conversation will automatically be used against them later. For example, your employer might say: > “We would like to have a protected conversation with you about the possibility of ending your employment by way of a settlement agreement.” That usually means they want to discuss a possible financial package for you to leave your employment. To find out more, read our [detailed guide to protected conversations](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/). ## What does without prejudice mean? A without prejudice conversation is also an off-the-record discussion aimed at settling a dispute. However, the legal basis is different. For the without prejudice rule to apply, there usually needs to be an existing dispute between you and your employer, and the conversation must be a genuine attempt to settle that dispute. [Acas explains that the without prejudice principle can apply to different types of legal claims](https://www.acas.org.uk/settlement-agreements/confidentiality), including unfair dismissal, breach of contract, discrimination and wages claims. For example, a without prejudice conversation may arise where: - you have raised a grievance; - you have complained about discrimination; - you have been dismissed and are considering bringing a claim; - you and your employer are already in dispute about your employment rights. In that situation, the employer may mark a letter or email “without prejudice” and make an offer to settle the dispute. However, simply putting the words “without prejudice” at the top of a letter does not automatically mean it can’t be used in evidence. The issue remains whether the communication is a genuine attempt to settle an existing dispute. ## The key difference The main difference is this: **A protected conversation does not require an existing dispute. A without prejudice conversation usually does.** That is why employers often use protected conversations when they want to raise the possibility of a settlement agreement before a formal dispute has arisen. For example, your employer might have concerns about performance, redundancy, sickness absence, or a breakdown in the working relationship. They may not have started a formal process yet, and there may not be a legal dispute. In that situation, the without prejudice rule may not apply, but section 111A might. By contrast, if you have already raised a grievance or threatened legal action, there may already be an employment dispute. In that case, the without prejudice rule may also be relevant. ## In what circumstances can protection be lost? This depends on the type of claim and whether the legal protection applies. If the conversation is protected under section 111A, you usually cannot rely on it in an ordinary unfair dismissal claim. However, if the employer has engaged in [improper behaviour during the protected conversation](https://www.masonbullock.co.uk/improper-behaviour-protected-conversation/), that protection is lost. If the conversation is genuinely without prejudice, you usually cannot rely on it in tribunal or court proceedings about the dispute being settled. However, that protection is lost if there is “unambiguous impropriety”. This means serious misconduct. The without prejudice rule cannot be used to hide wrongdoing. For example, if an employer uses the conversation to threaten, intimidate, discriminate, blackmail, or put improper pressure on an employee, a tribunal may decide that the conversation is no longer protected. This is a high threshold, so not every unreasonable comment or firm negotiating position will amount to unambiguous impropriety. But where the employer’s behaviour is clearly improper, the employee may be able to refer to what was said, even if the discussion was labelled “without prejudice” This can be a technical area, so it is worth getting advice before deciding whether the conversation can be referred to in correspondence or tribunal proceedings. ## Protected conversation vs without prejudice: quick comparison IssueProtected conversationWithout prejudice conversationLegal basisSection 111A Employment Rights Act 1996Common law “without prejudice” ruleDoes there need to be an existing dispute?NoUsually yesMain purposeTo discuss ending employment on agreed termsTo settle an existing disputeDoes it only apply to employment termination?Yes, it concerns pre-termination negotiationsNo, it can apply to a wider range of disputesWhat claims does it usually protect?Ordinary unfair dismissal claimsPotentially various claims, including discrimination, breach of contract, wages and unfair dismissalCan protection be lost?Yes, if there is improper behaviourYes, if there is unambiguous impropriety## Why employers sometimes use both labels You may receive a letter headed: > “Without prejudice and subject to contract” or: > “Protected conversation under section 111A Employment Rights Act 1996” or even: > “Without prejudice, subject to contract and protected under section 111A” Employers often use several labels to try to maximise confidentiality. But the label used is not decisive. What matters is whether the legal requirements are met. If there is no existing dispute, calling the discussion “without prejudice” may not be enough. If the discussion is about ending your employment by way of a settlement agreement, section 111A may still protect the discussion in an ordinary unfair dismissal claim. Equally, if the conversation involves discrimination, whistleblowing, breach of contract, or automatic unfair dismissal, section 111A may not give your employer the protection they think it does. ## What does “subject to contract” mean? You may also see the words **“subject to contract”** on a settlement offer. This usually means that the offer is not intended to become legally binding until a formal written agreement is signed. In employment cases, that formal document is usually a settlement agreement. A settlement agreement is only legally binding if certain statutory conditions are met, including that you receive independent legal advice. So if your employer makes a “without prejudice and subject to contract” offer, it normally means they are making an offer to settle, but the final agreement still needs to be put into a proper legal document. The offer can be withdrawn at any time before it has been signed by both parties. ## What should you do if your employer invites you to an off-the-record meeting? If your employer invites you to a protected or without prejudice conversation, try not to panic. It usually means your employer wants to discuss a possible settlement agreement. In most cases, it is sensible to attend the meeting, provided you feel able to do so. Attending does not mean you accept the offer. It simply allows you to understand what your employer is proposing. You do not have to agree to anything during the meeting. You can listen, ask questions, and then take legal advice before responding. If you feel pressured, you can say: > “Thank you for explaining the proposal. I would like to take legal advice before responding.” That is a reasonable and sensible response. You should also ask for the proposal in writing, either as a letter, email, or draft settlement agreement. ## Can you negotiate? You’re not obliged to accept your employer’s offer of a settlement agreement. Often your employer is expecting you to make a counter-offer. The strength of your negotiating position will depend on the circumstances. For example, if your employer has not followed a fair process, or if you may have claims for discrimination, whistleblowing, or unfair dismissal, that may affect the value of the settlement. For essential advice about negotiation, read our [employee’s guide to negotiating the best deal on your settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). Before deciding whether to accept, reject, or negotiate the offer, it is sensible to take legal advice. A solicitor can help you understand whether the offer is reasonable, whether you may have any potential claims, and whether there is scope to negotiate better terms. This is especially important because once you sign a settlement agreement, you will usually be giving up your right to bring employment claims against your employer. ## Need Advice on a Protected Conversation or Without Prejudice Conversation? Get Free Expert Advice Today! Are you looking for advice on a protected conversation? Contact an employment law specialist. - **Specialised Expertise:** We are employment law specialists, providing tailored advice on protected conversations and settlement agreements. - **Proven Success:** We have advised hundreds of satisfied clients on resolving their employment issues. - **No-Obligation Case Assessment:** Get a **FREE Case Assessment** to discuss your unique situation and learn how to respond to your employer effectively. ### No Charge to You In most cases, your employer covers our fees, so there’s no cost to you. For additional services, we offer straightforward, honest pricing with no hidden fees—just clear, up-front costs tailored to your case. ### Take Action Now! To receive free advice on a protected conversation or settlement agreement, call [**0330 333 6050**](tel:03303336050) Prefer a callback? Simply fill out the form below, and we’ll be in touch shortly. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [What do You Do If a Member of Staff is Incompetent?](https://www.masonbullock.co.uk/capability-dismissal/) **Published:** October 11, 2012 **Author:** Andrew Crisp **Content:** We all make mistakes. But what do you do with an employee who consistently fails to do their job well enough? As an employer, you will need to tread carefully before dismissing an employee for poor performance. Otherwise, you could end up in an Employment Tribunal. Here are four steps you will need to take before you can fairly dismiss an employee on the grounds of poor performance. **1. You must be sure that the employee is incompetent.** Sometimes, this may be easy to prove. For example, if there has been a clear downturn in productivity or sales as a result of the employee’s work. However, more often, incompetence is simply a matter of impression rather than hard evidence. To avoid an unfair dismissal, you must gather evidence such as:- - Statements from people who are in daily contact with the employee; - A comparison of their daily output figures compared with those of other employees; - Any complaints received from customers. **2. You must give the employee the opportunity to improve.** The employee may think that they are doing the job properly. It’s never pleasant to tell someone that they are not up to scratch and many employers are reluctant to do so. You should explain to the employee what they are doing wrong. You should follow this up with a written warning which should include the following points:- - Details of the faults complained of; - A warning that you consider the problem to be serious enough to justify dismissal; - A minimum time period during which the employee has the chance to improve before you review the performance (this should be at least 4 weeks); - An invitation to discuss the matter further. You should follow the ACAS Code of Conduct on Disciplinary Procedures before issuing a written warning. **3. At the end of the review period, you must have formed the view that the employee is unlikely to improve.** After the monitoring period has expired, you should assess the employee’s performance further. If they are now achieving the goals, the problem is solved. If they are close to achieving the goals, then you should extend the monitoring period. It would probably not be fair to dismiss if the employee is very close to the goals. If there is no improvement, you should arrange a meeting to consider whether dismissal would be appropriate. Again, you should follow theACAS Code of Practice. **4. You must be sure that it is not reasonable to offer the employee another job.** In order for the dismissal to be fair, you should consider whether it is possible to redeploy the employee in a position where they will be able to cope. It may be worth asking the employee whether they are aware of any areas where they would particularly like to work. In most small or medium sized companies, there is unlikely to be suitable alternative employment. You should however, at least consider this as an option. If you have followed the above steps, it is likely that it would be fair for you to dismiss the employee. **Categories:** Uncategorized --- ### [Settlement Agreement or Redundancy? Which Should You Choose?](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/) **Published:** February 2, 2026 **Author:** Andrew Crisp **Content:** If your employer has offered you a settlement agreement as an alternative to redundancy, you may be feeling unsure about which path to take. This decision can have a significant impact on your future, both financially and professionally. In this guide, we’ll explain the key differences between settlement agreements and redundancies, outlining the pros and cons of each option so you can make an informed choice. Whether you’re considering financial compensation, job security, or potential legal claims, we’ve got all the insights you need to help you navigate this critical decision. **Been offered a settlement agreement? Get free legal advice today.** Call now for a **free, confidential consultation** with a qualified solicitor: [**0330 333 6050**](tel:+4433033336050) ## What is a Settlement Agreement? A settlement agreement is a legally binding contract between an employer and an employee where the employee agrees to waive certain employment rights, typically in exchange for a financial settlement. By signing this document, the employee forfeits their right to bring legal claims against the employer, such as unfair dismissal or discrimination claims, even if they feel the redundancy process was unfair. Settlement agreements are often offered when an employer wants to avoid the formal redundancy procedure or prevent potential disputes from escalating into costly employment tribunal claims. These agreements can be presented during redundancy discussions, but they are also used in other scenarios, such as workplace disputes, disciplinary procedures, or mutual agreements to part ways. One key aspect of a settlement agreement is that it provides benefits to both parties: - **For the employer**, it eliminates the risk of future legal action and allows them to resolve the employment relationship more quickly and amicably. - **For the employee**, it often comes with a financial incentive that exceeds the statutory redundancy package, and it can include non-financial benefits such as a positive job reference or the agreement to keep the terms of the departure confidential. It’s important to note that accepting a settlement agreement is entirely voluntary. You are under no obligation to sign it. You should always seek independent legal advice before deciding, as this will ensure that you fully understand your rights and the potential consequences. For an in-depth understanding of settlement agreements, check out our free guide: [What is a Settlement Agreement? Advice for Employees](https://www.masonbullock.co.uk/what-is-a-settlement-agreement/) ## What is a Redundancy? Redundancy occurs when an employer needs to reduce its workforce due to operational changes, such as a reduction in work, business restructuring, or the closure of a workplace. [Redundancy is legally defined](https://www.masonbullock.co.uk/what-is-redundancy/), and the employer must follow specific procedures to ensure fairness and compliance with employment law. In the UK, redundancy typically happens when: - **The employer no longer requires so many employees to perform a specific type of work** due to decreased demand or changes in the business structure. - **The workplace is closing or relocating**, and employees cannot reasonably be expected to move. If an employer is making employees redundant, they are required to follow a [fair redundancy process](https://www.masonbullock.co.uk/redundancy-procedure/), which may include: 1. **Identifying a [pool of employees](https://www.masonbullock.co.uk/redundancy-selection-pool/)** who are at risk of redundancy. 2. **Applying [objective selection criteria](https://www.masonbullock.co.uk/redundancy-selection-criteria/)** to decide which employees will be made redundant. 3. **Consulting with employees** to discuss the reasons for redundancy and any potential alternatives, such as redeployment within the company. 4. **Exploring [alternatives to redundancy](https://www.masonbullock.co.uk/avoid-redundancies/)**, such as offering different job roles, reducing hours, or changing work patterns. 5. **Offering employees the right to appeal**, in case they believe the redundancy decision was unfair. In a redundancy, employees are usually entitled to certain payments, including: - **Statutory Redundancy Pay**: This is a legal entitlement for employees who have worked for their employer for at least two years. - **Enhanced Redundancy Pay**: Some employers offer additional redundancy payments, typically detailed in employment contracts or company policies. - **Notice Pay**: You are entitled to be paid for your notice period or to receive payment in lieu of notice if your employer decides not to require you to work during this time. - **Accrued Holiday Pay**: Payment for any unused holidays you’ve accumulated during your employment. It’s worth noting that redundancy should be a genuine business decision. If you feel the redundancy is a cover for an unfair dismissal or other unfair treatment, you may have grounds to challenge it through an employment tribunal. This is where the decision between redundancy and a settlement agreement becomes critical—accepting a settlement agreement means you waive your right to make such claims. ## Settlement Agreement vs Redundancy: A Comparison When deciding between a settlement agreement and redundancy, it’s important to understand how these options differ, particularly regarding the financial benefits, legal protections, and the overall process. Below, we’ll break down the main distinctions to help you make an informed choice. ### 1. Financial Compensation - **Settlement Agreement**: Typically, the [financial offer made in a settlement agreement](https://www.masonbullock.co.uk/settlement-agreement-how-much/) is higher than what you would receive through statutory redundancy. Employers may offer an enhanced payment as an incentive for employees to waive their legal rights and avoid a lengthy redundancy process. - **Redundancy Pay**: If you choose redundancy, you are entitled to [statutory redundancy pay](https://www.gov.uk/calculate-employee-redundancy-pay) based on your salary, age, and length of service. Some employers may provide an enhanced redundancy package, but this depends on company policy and your employment contract. ### 2. Your Legal Rights - **Settlement Agreement**: By signing a settlement agreement, you waive your rights to pursue legal action against your employer, including claims for unfair dismissal, discrimination, or breach of contract. This can be beneficial if you prefer a clean break with additional compensation but limits your options for pursuing legal recourse later. - **Redundancy**: If you are made redundant, you retain the right to challenge the fairness of the redundancy process, potentially bringing claims to an employment tribunal. If you believe the redundancy was handled improperly or if your employer failed to follow a fair procedure, you could be entitled to compensation for unfair dismissal. ### 3. Costs of Legal Advice - **Settlement Agreement**: A settlement agreement is usually only valid if the employee gets legal advice. Usually, this is provided by an employment solicitor specialising in settlement agreements. In most cases, the employer will pay the costs of you obtaining that advice to ensure the validity of the agreement, which means there’s no charge to you personally. Find out more about [how to get settlement agreement advice, at no cost to you](https://www.masonbullock.co.uk/). - **Redundancy**: If you go through a redundancy procedure, you can still get legal advice if you want it. However, because it’s not legally required, the employer won’t usually pay for that advice, which may mean it’s more expensive for you. ### 4. Control Over the Process - **Settlement Agreement**: With a settlement agreement, both the employer and employee have more flexibility to negotiate terms, such as compensation, non-financial benefits (e.g., a good reference), and even tax treatment of the payout. You can also negotiate to include favourable terms like confidentiality or restrictions on your employer’s ability to speak negatively about your departure. - **Redundancy**: In a redundancy situation, the employer must follow a legally defined process that includes consultation and fair selection criteria. However, redundancy packages tend to be less negotiable and are usually bound by company policy or statutory requirements. ### 5. Tax Implications - **Settlement Agreement**: Some payments made under a settlement agreement provide for [more favourable tax treatment](https://www.masonbullock.co.uk/tax-on-settlement-agreements/). For example, in addition to the first £30,000 of a termination payment being tax-free, your employer’s contribution to legal costs and the costs of outplacement support can also be paid tax-free. - **Redundancy Package**: Redundancy payments, including enhanced redundancy pay, still benefit from the £30,000 tax-free threshold. However, standard redundancy packages rarely offer additional tax advantages. ### 6. Timeline and Efficiency - **Settlement Agreement**: The process of [negotiating a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) is generally faster and more straightforward than going through a formal redundancy process. It allows both parties to part ways without the time-consuming consultation and selection procedures required by redundancy law. - **Redundancy**: The redundancy process can be lengthy and unpredictable, especially if your employer needs to consult with multiple employees. This can prolong the uncertainty around your employment status, which may affect your ability to plan your next career move. ### 7. Non-Financial Benefits - **Settlement Agreement**: Alongside financial compensation, a settlement agreement can include non-monetary benefits, such as an agreed reference, confidentiality agreements, and even outplacement services to help you find new employment. - **Redundancy**: Redundancy packages tend to focus solely on statutory entitlements. Additional benefits such as a positive reference or outplacement support are less commonly negotiated in redundancy cases. ## Settlement Agreement vs Redundancy: Key Differences CriteriaSettlement AgreementRedundancy**Financial Compensation**Typically higher due to negotiation; may include tax-free elements and enhanced payments.Based on statutory or contractual redundancy pay; usually lower than settlement agreements.**Legal Rights**Waives your right to claim unfair dismissal, discrimination, or other employment-related claims.Retains the right to challenge unfair redundancy process or pursue legal action through an employment tribunal.**Costs of Advice**Employer usually pays your legal costs in full because the law requires you to get independent advice. Effectively, this means there’s no charge to you.The cost of legal advice is usually payable by the employee.**Process and Timeframe**Often a faster resolution, avoids formal redundancy procedure.Follows a formal process, including consultation and selection, which may take longer.**Tax Treatment**First £30,000 of the settlement payment is tax-free; legal fee contribution is also tax-free. Notice pay is taxable.Tax treatment is similar. Statutory redundancy payments are also tax-free up to £30,000. Additional payments like notice pay are taxable. No tax break for legal costs contribution or outplacement support.**Negotiation Flexibility**Greater flexibility to negotiate financial and non-financial terms.Redundancy payments are mostly fixed, usually based on the statutory minimum prescribed by the government.**Non-Financial Benefits**Can include references, confidentiality clauses, and outplacement support.Primarily focused on financial payments; non-financial benefits are rare.**Employee’s Right to Appeal**No right to appeal or bring claims once the agreement is signed.Employee can often appeal the redundancy decision and pursue legal action if the process is unfair. **Not Sure Whether to Accept a Settlement Agreement?** Don’t decide without expert advice. We’ll explain your rights clearly and help you get the best possible outcome. Speak to a qualified solicitor today: 📞 [0330 333 6050](tel:+4433033336050) ## Should You Agree to the Settlement Agreement Instead of Redundancy? Ultimately, deciding whether to accept a settlement agreement depends on the specifics of your situation. A settlement agreement can often benefit both parties—provided it is handled transparently and fairly. Here are a few factors to consider. ### 1. Employee’s Perspective: What Are You Giving Up? While a settlement agreement might offer you more money upfront, it’s important to consider what rights you are waiving. By signing a settlement agreement, you agree to: - **Waive your right to go through the full redundancy process**, meaning you give up the opportunity to challenge whether the redundancy decision was fair. - **Waive your right to pursue an employment tribunal claim**, which includes claims for unfair dismissal, discrimination, or any other grievances related to the termination of your employment. If you believe you have strong grounds to challenge the redundancy on the basis of discrimination or unfair treatment, it might be worth considering whether refusing the settlement agreement would better protect your interests. ### 2. When a Settlement Agreement Is Fair In many cases, offering a settlement agreement as an alternative to redundancy is fair, particularly when: - The redundancy situation is genuine, and the employer is using the settlement agreement to speed up the process while offering the employee more compensation than they would otherwise receive. - Both the employer and employee have the opportunity to negotiate the terms, ensuring the employee receives compensation that fairly reflects the circumstances of their departure. If the employer is offering a significantly higher settlement payment in exchange for waiving your redundancy rights, this could be seen as a win-win situation, allowing you to receive greater financial compensation while the employer avoids potential legal complications. ### 3. When a Settlement Agreement Might Not Be Fair However, there are situations where a settlement agreement might not be in your best interests, particularly if: - The settlement offer is inadequate and does not provide more compensation than you would receive in a statutory redundancy situation. - You feel that the redundancy is not genuine and is being used as a cover for unfair dismissal or other discriminatory practices. - The employer is pressuring you into signing the settlement agreement without allowing you the time to properly consider it or seek legal advice. In such cases, it might be better to refuse the settlement agreement and go through the full redundancy process, as this will allow you to challenge any unfair decisions and potentially claim compensation through an employment tribunal. ## Should You Try to Negotiate a Higher Termination Payment? Depending on the circumstances that led to the offer of a settlement agreement, you may be able to negotiate a higher payment. The best way to communicate with your employer is in the context of a [protected conversation](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/). This enables both parties to have an open discussion about the employment situation without worrying that their words will be used against them. If you suspect that it’s not a genuine redundancy, then you may want to let your employer know that you will claim unfair dismissal if the settlement payment is not increased. However, if you’re satisfied that the redundancy is genuine, you may be better off negotiating based on goodwill. Rather than threatening legal proceedings, you may get a better result simply by asking your employer to be more generous. This is more likely to be effective where you have a good relationship with your employer. If you intend to ask for more money, have a read of the articles below first: - [How to Negotiate the Best Deal on Your Settlement Agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) - [How to Make a Counter-Offer on Your Settlement Agreement](https://www.masonbullock.co.uk/counter-offer/) Negotiating a higher settlement agreement requires careful consideration and strategy. It’s important to understand your rights, the value of what you’re giving up, and how to use that information to your advantage. With the right approach, you may be able to increase your compensation or secure additional benefits that make the settlement more worthwhile. Always seek legal advice to ensure you’re getting the best possible outcome. ## Is a Settlement Agreement the Right Choice? If your employer is offering an attractive financial package and you are confident the redundancy is genuine, accepting the settlement agreement can be a faster and more beneficial way to leave the company. However, if you have concerns about fairness or believe the redundancy is being used improperly, pursuing the full redundancy process may be the better option. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Protected Conversation, Redundancy, Settlement Agreements **Tags:** Employment Advice --- ### [How a CCJ Impacts Your Job Prospects – And What You Can Do About It](https://www.masonbullock.co.uk/ccj-affects-job/) **Published:** July 9, 2014 **Author:** Andrew Crisp **Content:** ![ccj affects job prospects](https://www.masonbullock.co.uk/wp-content/uploads/2014/07/ccj-job-application-300x169.jpg "Job,Search,Concept.,Man,Using,Laptop,For,Job,Search,Concept. | Mason Bullock Solicitors") A County Court Judgment (CCJ) doesn’t just harm your credit score—it could cost you your next job. Many employers these days will do a credit check against prospective employees to find out whether or not there are any CCJs against their name. If you’ve received a CCJ, they may decide not to employ you. This is particularly true if you are applying for work in the financial sector. Many of these jobs require a [‘fit and proper’ test](https://www.fca.org.uk/firms/senior-managers-and-certification-regime/fitness-and-propriety-fp). The concern is that if someone is in debt, they may be more likely to do something dishonest. Is there anything you can do to get around this? ## Removing the CCJ Will Improve Your Job Prospects Unless it’s removed, the CCJ will remain on your credit record for six years from the date it’s issued. However, if the CCJ is removed, your prospective employer won’t be able to find out about it, and it will no longer affect your job prospects. ## How to Remove the CCJ There are [three ways to remove a CCJ from your credit file](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/). Each option depends on your specific circumstances. ### 1. Pay the CCJ Within a Month If you pay the full amount within one month of the judgment being issued, it will automatically be removed from your credit file. This is the quickest and most effective way to remove the CCJ. ### 2. Wait for Six Years If you’re unable to pay the CCJ, it will remain on your credit file for six years. Once this period passes, the CCJ will be removed automatically. If you’re close to the six-year mark, this might be your best option. ### 3. Apply to Set Aside the CCJ If you were unaware of the claim or didn’t have the opportunity to defend it, you can apply to have the CCJ set aside. This process involves submitting an application to the court, supported by a witness statement and, if needed, attending a court hearing. - **Best for** People who weren’t notified of the claim or believe they have a strong defence. - **How to do it**: You’ll need to complete Form N244 and provide evidence that supports your case. ## What is the Process for Setting Aside a CCJ? The court has a discretion to set aside certain types of CCJ’s, known as default judgments. These types of CCJ’s are entered when the defendant fails to file a defence when the claimant issues a claim. The court will set aside the default CCJ if it’s persuaded that there’s a good reason to do so, for example you have a real prospect of successfully defending the original claim. You will need to make an application on Form N244, supported by a witness statement and a draft defence. You may also need to attend a hearing. To learn more about applying to set aside a County Court Judgment, read our article: [CCJ Removal: How to Remove a CCJ from Your Credit Record](https://www.masonbullock.co.uk/remove-ccj/) ## Take Action Now to Protect Your Future If you’ve received a CCJ, it’s crucial to act quickly to minimize its impact on your life, especially when it comes to your job prospects. Whether you choose to pay it off, wait for it to be removed after six years, or apply to set it aside, taking the right steps can significantly improve your chances of securing employment and restoring your financial standing. Addressing a CCJ promptly is the key to moving forward with confidence and peace of mind. ## Need Help Removing a CCJ? If you’re looking for practical, expert help with removing a County Court Judgment, we recommend a law firm. **Categories:** Set Aside Judgment --- ### [How to Decide Whether to Pay a CCJ or Apply to Remove It](https://www.masonbullock.co.uk/should-you-apply-to-set-aside-judgment-or-just-pay-it/) **Published:** July 10, 2014 **Author:** Andrew Crisp **Content:** ![Should you pay a CCJ or apply to remove it?](https://www.masonbullock.co.uk/wp-content/uploads/2014/07/set_aside_judgment_or_pay_it-300x193.jpg "set_aside_judgment_or_pay_it | Mason Bullock Solicitors")Discovering a County Court Judgment (CCJ) against your name can be alarming. It negatively impacts your credit rating, affecting your ability to secure mortgages, loans, and other financial products. Faced with a CCJ, you need to decide whether to apply to set it aside or pay it off. This guide will explore both options to help you make an informed decision. ## Understanding County Court Judgments (CCJs) ### What is a CCJ? A CCJ is a court order that can be registered against you if you fail to pay the money you owe. It’s a formal decision by a court that you owe the debt, and it impacts your credit score significantly. ### Implications of a CCJ A CCJ on your record can prevent you from obtaining credit, such as loans or mortgages. It also affects your ability to rent a property or secure a mobile phone contract. That’s because it’s registered in the [Registry of County Court Judgments](https://www.registry-trust.org.uk/). The judgment remains on your credit record for six years if unpaid. ## Should you pay the CCJ? ### Pros of Paying the CCJ 1. **Credit Record Improvement**: Paying off the CCJ within one month removes it from your credit record entirely. If you pay it after one month, it will remain on your credit file but it will be marked as satisfied, which will slightly improve your credit score. 2. **Avoid Legal Complications**: Settling the debt avoids further legal action, including potential bailiff visits. 3. **Peace of Mind**: Paying the debt can give you a sense of closure and financial responsibility. ### Cons of Paying the CCJ 1. **Admitting Liability**: Paying the debt may imply you accept the liability, which can be problematic if you dispute the amount. 2. **Financial Strain**: Paying the full amount may cause financial strain, especially if the sum is substantial 3. **Credit Record**: If you pay it after one month, it will remain on your credit file, although it will be marked as satisfied. ## Applying to Remove the CCJ ### Reasons to Apply for Setting Aside the CCJ 1. **Unfair CCJ**: If you believe the CCJ was made unfairly, such as [not receiving court papers](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-if-i-didnt-receive-the-claim-form/). 2. **Valid Defence**: If you have a valid defence against the claim, applying to set aside allows you to present your case. ### Pros of Setting Aside the CCJ 1. **Chance to Defend**: Setting aside the judgment allows you to dispute the claim formally. 2. **Potential Credit Record Clean**: If successful, the judgment is removed from your credit record. ### Cons of Setting Aside the CCJ 1. **Application Fees**: There are costs associated with submitting an application and possibly legal fees. 2. **Time-Consuming**: The process can be lengthy and complex, requiring substantial effort and legal understanding. ## Factors to Consider ### Age of the CCJ - **Less than One Month Old**: If the CCJ is less than a month old, paying it can remove it from your record completely. - **Older than One Month**: If older, it stays on your record for six years, although it will be marked as satisfied if paid. ### Amount of Debt - **Small Amounts**: Paying small amounts might be more cost-effective than applying to set aside. - **Large Amounts**: For larger debts, setting aside may be more worthwhile if you have a strong defence. ### Impact on Credit Record - **Credit Importance**: If maintaining a clean credit record is crucial, setting aside might be the better option. - **Bailiff Concerns**: If avoiding bailiffs is a priority, paying might be the quicker solution. ## Reaching an Agreement with the Claimant Negotiating with the claimant can sometimes lead to them agreeing to set aside the judgment if you pay the debt. This approach combines both paying and setting aside, potentially offering a clean credit record and resolution of the debt. This may sound counter-intuitive, but we’ve found that this approach can really help you. The claimant simply wants their money. They don’t care whether or not you have a clean credit record. Why not try to reach an agreement? You pay them the money. They agree not to oppose your application to set aside judgment. We’ve often found that claimants are willing to [consent to the judgment being set aside](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/) if they receive what they feel they’re owed. Depending on the circumstances surrounding the claim and the amount of the judgment, you may or may not feel this is appropriate. But it’s an option you should consider. ## FAQs **Is it better to pay a CCJ or apply to set it aside?** It depends on the circumstances. Paying it off can quickly resolve the issue while setting aside allows you to dispute it and have it removed from your credit file. **Can I remove a CCJ from my credit record?** Yes, paying it within one month removes it completely, or setting it aside can also remove it if successful. **What happens if I ignore a CCJ?** Ignoring a CCJ can lead to further legal action and enforcement by bailiffs. It also means the CCJ remains on your credit file **How long does a CCJ stay on my credit record?** A CCJ remains on your credit record for six years unless paid within one month or successfully set aside. **What is the cost of applying to set aside a CCJ?** There is an application fee and potentially additional legal costs if you hire a solicitor. **Can I negotiate with the claimant to set aside the CCJ?** Yes, many claimants agree to set aside the judgment if you pay the debt. ## Conclusion Deciding whether to pay a CCJ or apply to set it aside is a significant decision that affects your financial future. Assess your specific situation, considering factors like the debt amount, the age of the CCJ, and the importance of your credit record. Consulting with legal advisers can provide valuable guidance tailored to your circumstances. **Categories:** Set Aside Judgment --- ### [12 Steps an Employer Should Take in a Redundancy Procedure](https://www.masonbullock.co.uk/redundancy-procedure/) **Published:** June 24, 2020 **Author:** Andrew Crisp **Content:** If your employer is considering [redundancies](https://www.masonbullock.co.uk/what-is-redundancy/), they must follow a fair procedure. If your employer gets the procedure wrong, you could claim compensation for unfair dismissal. Alternatively, you may be able to [agree a settlement agreement with your employer as a way to avoid a tribunal claim](https://www.masonbullock.co.uk/settlement-agreement-beats-employment-tribunal-claim/). Here are the 12 steps your employer should take in a redundancy procedure ## 1. Determine the number of redundancies needed Your employer needs to calculate the number of redundancies needed. This should include considering whether there are [ways of avoiding redundancies](https://www.masonbullock.co.uk/avoid-redundancies/). ## 2. Decide whether collective consultation is necessary If your employer is proposing to make 20 or more redundancies within a 90-day window, they must consult with the workforce collectively. There is a prescribed procedure they must follow, which is set out in this [government guidance ](https://www.gov.uk/staff-redundant/redundancy-consultations) If your employer is making fewer than 20 redundancies, they are still expected to follow a reasonable procedure and consult individually. The following steps apply if your employer is making fewer than 20 redundancies. ## 3. Choose a selection pool If your employer is reducing employee numbers, they will need to identify [a pool of people at risk of redundancy](https://www.masonbullock.co.uk/redundancy-selection-pool/). In some circumstances, this may be a pool of only one employee. ## 4. Decide on selection criteria Your employer should draw up [fair and objective redundancy selection criteria](https://www.masonbullock.co.uk/redundancy-selection-criteria/). As far as possible, the criteria should not be dependent on the opinion of a the person making the decision. Instead, the scoring should be capable of being objectively checked. Examples of objective selection criteria are: - attendance - disciplinary record - performance - skills - qualifications - length of service The employer may apply different weight to each of these criteria. ## 5. Send a letter to the ‘at-risk’ employees Your employer should write to you and anyone else affected, explaining: - why they are making redundancies, - the anticipated number of redundancies - the selection pool - the selection criteria - the process and likely timetable ## 6. Invite employees to apply for voluntary redundancy Your employer isn’t obliged to invite applications for voluntary redundancy, but they may decide to do so. This usually means that they are offering an [enhanced redundancy package in a settlement agreement as an alternative to going through the redundancy procedure](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/). ## 7. Hold the first individual consultation meeting Your employer has a legal obligation to consult meaningfully with you and any other affected employees. At this meeting, your employer should: - explain the situation - give you the chance to comment on the selection criteria - listen carefully to any suggestions you make Your employer may also take the opportunity to discuss voluntary redundancies with you. Your employer must keep an open mind during consultations and genuinely listen to you and other employees. This is because you may come up with ideas they haven’t previously considered. ## 8. Score each employee Using the selection criteria, your employer should score you and other members of staff who are at risk of redundancy. They should then send you a copy of their score sheet. They should also tell you the ‘break point’. That is the score you need to beat in order not to be made redundant. Unfortunately, you’re not allowed to see other people’s scores because that would breach data protection law. However, your employer is allowed to show you average scores. ## 9. Hold the second consultation meeting If you fall below the break point, your employer should hold a second consultation meeting with you. At this meeting, they should: - discuss your scores - give you a chance to explain why you think you’ve been underscored - consider whether the scoring should change This meeting is also an opportunity for your employer to discuss alternative employment for you. ## 10. Consider any suitable alternative employment Your employer should take reasonable steps to determine whether there is [suitable alternative employment](https://www.masonbullock.co.uk/suitable-alternative-employment/) for you within the company or any group companies. If suitable alternative roles are available, an employee who is on maternity leave or has recently returned from maternity leave should be given priority over other staff. ## 11. Hold the third (and final) consultation meeting If there is no suitable alternative employment, your employer should hold a final consultation meeting at which they tell you that your selection for redundancy is confirmed. This is also the point at which your employer should give you notice that your employment is coming to an end. The length of the notice period should be stated in your employment contract. ## 12. Make the appropriate termination payments If your employer decides to dismiss you, they must pay you your statutory redundancy payment. This is calculated by reference to: - your salary - your length of service - your age To calculate your statutory redundancy payment, use the calculator on this government website: Your employer should also pay you any contractual entitlements, such as - your notice, - holiday pay that has accrued up to the termination date - any enhanced redundancy entitlement There is no legal obligation on your employer to offer an appeal in a redundancy situation, although many employers choose to do so as a matter of good practice. ## Accepting a settlement agreement instead of redundancy Managing a redundancy procedure can be time-consuming for an employer. In order to avoid the burden of going through the procedure, your employer may offer you a settlement agreement instead. Usually, this means that you will receive more money in exchange for giving up your rights to claim unfair dismissal. You will need to weigh up the risks and the incentives when considering [whether to accept a settlement agreement instead of going through a redundancy procedure](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/). However, it is often a better option, both for you and your employer. If you’ve received an offer of a settlement agreement as an alternative to redundancy, you will need to get legal advice from a [settlement agreement solicitor](https://www.masonbullock.co.uk/). We advise clients throughout the UK. We provide clear and prompt advice on a confidential basis. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Redundancy, Settlement Agreements --- ### [3 Compelling Reasons to Set Aside a Default Judgment](https://www.masonbullock.co.uk/3-compelling-reasons-to-set-aside-a-default-judgment/) **Published:** May 6, 2014 **Author:** Andrew Crisp **Content:** [![3 Reasons to Set Aside Judgment](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/3-reasons-set-aside-judgment-300x225.jpg "3-reasons-set-aside-judgment | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/3-reasons-set-aside-judgment.jpg)If you’ve received a default judgment and you feel it’s unfair, you could apply to [have the CCJ removed](https://www.masonbullock.co.uk/remove-ccj/). Otherwise, you could suffer problems, either now or in the future. In this article, you’ll learn three reasons to have the default judgment set aside. ## 1. A default judgment is an order to pay money If the order isn’t set aside, you will have to pay it. If you don’t pay it straight away, the claimant may decide to take enforcement action against you. This could include: - the removal of some of your goods - money being deducted from your salary and paid to the claimant - a charge being registered against your house - bankruptcy. The longer you take to pay it, the more interest you’ll have to pay, too. The claimant’s legal costs will usually be added as well. So, the whole experience could be very costly indeed! Even if you’ve begun your application to set judgment aside, [the claimant can still take enforcement action](https://www.masonbullock.co.uk/can-a-bailiff-still-take-my-goods-if-i-have-applied-for-the-default-judgment-to-be-set-aside/), although often they will agree to suspend the action until the outcome of your application. ## 2. Your credit rating is harmed If a court makes an order requiring you to pay money, the details are sent to the Registry Trust. They then notify credit reference agencies, such as Experian or Equifax. Your credit rating will inevitably suffer as a result. Even if you pay the amount ordered, the default judgment remains on your file. It’s marked as satisfied but it won’t be removed for six years. Many organisations will not offer credit to anyone who does not have a perfect credit rating, which means you could be prevented from obtaining a mobile phone contract, a loan, a mortgage on a property etc ## 3. Your employment prospects may be jeopardised In some industries, employers won’t employ anyone with a default judgment entered against their name, even if it has been paid. This is particularly true in the finance or accounting sector where they expect their staff to have a completely clean credit record. Unless the order is set aside, you may find that you’re prevented from pursuing your career. **Categories:** Set Aside Judgment --- ### [7 Reasons Why a Settlement Agreement Beats an Employment Tribunal Claim](https://www.masonbullock.co.uk/settlement-agreement-beats-employment-tribunal-claim/) **Published:** July 17, 2014 **Author:** Andrew Crisp **Content:** If you’ve fallen out with your employer, you may consider claiming compensation through an employment tribunal. However, have you thought about whether you’d be better off with a settlement agreement? As an employee, you should consider the potential benefits of settling your dispute early and the significant risks in pursuing a tribunal claim. In this article, you’ll learn why a settlement agreement may be the best option, even if you have a strong case. **Been offered a settlement agreement? Get free legal advice today.** Call now for a **free, confidential consultation** with a qualified solicitor: [**0330 333 6050**](tel:+4433033336050) ## 1. A settlement agreement provides certainty Although pursuing legal proceedings has the potential to lead to a significant award in your favour, there is also the risk that you could lose and end up with nothing. Unfortunately, the outcome of a tribunal claim is often difficult to forecast and depends on several factors. Some of these factors are unpredictable, such as how witnesses come across on the day and even the mood of the judge! By signing a settlement agreement, you have the certainty of knowing [how much money](https://www.masonbullock.co.uk/settlement-agreement-how-much/) you’re getting and when. It may not beat the best result you could have achieved at a tribunal, but are you willing to take that risk? We recommend speaking to a [settlement agreement lawyer](https://www.masonbullock.co.uk/) to learn more about the strength of any tribunal claim. ## 2. The value of your tribunal claim may be reduced if you find a job If you’re claiming compensation for lost earnings, you’re only entitled to compensation for your actual financial losses. If you find a job very soon, your compensation award will be much lower than if you’re out of work for a long time. With a settlement agreement, you can agree on a compensation figure based on how long you’re likely to be without a job. If you find a job sooner, it’s a bonus! No need to pay back the compensation! ## 3. Employment tribunal claims are stressful Pursuing an employment tribunal claim against a former employer can cause a lot of anxiety. You will need to give witness evidence about events you may have preferred to forget. Your credibility will come under attack from your former employer’s legal team. You may have to make difficult decisions about whether to involve former colleagues. Usually, a settlement agreement is quick and easy. Often, you can conclude it without having to leave your home! You have the peace of mind of agreeing on an outcome rather than the stress of resolving a dispute. You can often retain some goodwill with your employer and former colleagues. ## 4. Employment tribunal claims take a long time A tribunal claim is not a fast process. According to HM Courts and Tribunals Service, the average time between starting a claim and receiving a decision is 27 weeks. Depending on the factors involved, it could be more than a year. Meanwhile, a settlement can often be concluded within only a few days. That’s why many employees prefer that approach rather than having a tribunal claim hanging over them for months. ## 5. A settlement agreement may cost you nothing When an employer and an employee agree to settle a dispute, the employer will often pay [the employee’s legal costs](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/). This contribution will often cover your costs in full, so you won’t have to pay anything. A tribunal claim can be expensive. For example, if you use a solicitor, the cost is likely to be thousands of pounds. You can’t usually recover your legal costs in an employment tribunal, so the costs may well eat into any compensation you recover. Even if you think you could recover more in compensation through a tribunal claim, you may find that, after payment of legal costs, the net amount is less than the amount your employer offered you in a settlement agreement. ## 6. A settlement agreement can include a reference A tribunal does not have the power to order your employer to provide a reference. However, when you negotiate a settlement agreement, you can ask your employer to include this as part of the deal. ## 7. Settlement agreements are confidential [A tribunal decision is published online](https://www.gov.uk/employment-tribunal-decisions), which means anyone can find out about your case. Often, newspaper reporters turn up at tribunal hearings looking for a story. Would you be happy about your story appearing in the local (or even national) paper? By signing a settlement agreement, both parties agree not to talk to anyone about the settlement agreement or the circumstances surrounding it. This is usually an advantage to both the employer and the employee. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [What is Suitable Alternative Employment in a Redundancy?](https://www.masonbullock.co.uk/suitable-alternative-employment/) **Published:** July 21, 2020 **Author:** Andrew Crisp **Content:** If your role is [redundant](https://www.masonbullock.co.uk/what-is-redundancy/), your employer has a duty to consider whether there is suitable alternative employment for you. If there is a suitable vacancy, your employer must appoint you to that role, even if there are better external candidates. However, the vacancy does have to be suitable. Your employer doesn’t have to appoint someone unsuitable into a role, just because there’s a vacancy. ## What is suitable? Suitable does not mean a perfect fit. There does however need to be a loose fit, taking into account the requirements of the job and the qualifications of the employee. These are the factors your employer should consider in order to determine whether alternative employment is suitable: - salary - prestige/seniority - skills - hours - location Some roles may not seem suitable immediately but your employer should consider whether the role could become suitable if you are given training and support. ## Notifying you of job roles Your employer should advise you of any alternative role in writing before your employment ends. There needs to be enough information about the job, including what you can expect to earn. If your employer doesn’t do this, there’s a strong chance that an Employment Tribunal will say they haven’t acted reasonably. ## How thoroughly should your employer search for alternative employment? Your employer is not expected to create a new job. However, as part of the [redundancy procedure](https://www.masonbullock.co.uk/redundancy-procedure/), they have to make a reasonable effort to identify existing opportunities. For a small business with very few staff, this may be relatively easy. However, for a larger business with thousands of employees, the search will take much longer. If your employer is part of a group of companies, they should make a reasonable search of potential vacancies within the group and not just the company that employs you. Even if the alternative employment becomes apparent late in the day, it may be that your employer needs to extend the notice period to give you chance to consider it. Your employer should consult with you about possible alternative employment, even if they think you wouldn’t accept it. Employers are expected to consider slightly lower paid jobs but not those that are significantly lower paid. ## What about women on maternity leave? If a woman on maternity leave is to be made redundant, she is entitled to trump everyone else for any suitable alternative employment that is available. This includes vacancies in a group company. The rules applies even if the woman on maternity leave is not the best candidate. If she is not offered that role and is subsequently made redundant, her dismissal is automatically unfair. This is true even if it’s several months before she returns from maternity leave. There are equivalent laws that apply equally to parents on adoption leave and parents on shared parental leave. ## Four week trial period If your employer offers you alternative employment, you’re entitled to a four week trial period. If, at the end of that trial period, you don’t resign and you’re not dismissed, then you officially take up the new role. This means that your employer doesn’t have to pay you any redundancy payment because your employment isn’t ending. If you resign or your employer dismisses you during the trial period, this is deemed to be by reason of redundancy. Provided that your resignation was reasonable, you should still get your redundancy payment. ## Can you lose your entitlement to a statutory redundancy payment? If you unreasonably refuse an offer of suitable alternative employment, you lose your right to a redundancy payment. This is true whether you refuse before or during the trial period. However, your employer mustn’t presume that your refusal is unreasonable. t’s probably reasonable for you to refuse an alternative role if: - it leads to a significant pay cut - it involves unsociable hours - you would need to relocate - there would be a loss of status Provided you can explain why the role wasn’t suitable for you, an employment tribunal is likely to be sympathetic to your claim for a redundancy payment ([although it’s better to settle any claim rather than go to a tribunal possible](https://www.masonbullock.co.uk/settlement-agreement-beats-employment-tribunal-claim/)). ## Agreeing a settlement agreement with your employer If you and your employer are in dispute as to whether they’ve done what they’re required to do, it may be that [the best option is to agree a settlement agreement](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/). You will need to make sure that any settlement agreement reflects the value of any rights you’re giving up, taking into account: - whether your employer has broken the law - your financial losses - how easy it would be to prove your case if your brought legal action It may be that you can [negotiate a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) on the basis of good will. ## Do you need legal advice on a settlement agreement? If you’ve received an offer of a settlement agreement as an alternative to redundancy, you will need to make sure you receive legal advice on it. We advise clients throughout the UK. We provide clear and prompt advice on a confidential basis. **Categories:** Redundancy --- ### [What is Redundancy? A Detailed Definition to Help Employees](https://www.masonbullock.co.uk/what-is-redundancy/) **Published:** June 24, 2020 **Author:** Andrew Crisp **Content:** Often the word ‘redundancy’ is used without a full understanding of what it means. Your employer may even use redundancy as an excuse to fire you when they have no right to do so. It’s important to understand what redundancy means because: - Your employer can only dismiss you if they have a fair reason to do so. Redundancy is one of the potentially fair reasons. - If you’re dismissed by reason of redundancy, you’re entitled to a statutory redundancy payment - If you’re offered a settlement agreement as an alternative to redundancy, you need to consider whether the redundancy is genuine The purpose of this article is to explain: - The definition of redundancy - When a dismissal falls within that definition - The difference between a redundancy and a restructure - How to challenge the fairness of a redundancy ## Definition of Redundancy There’s a technical definition of redundancy in [section 139 of the Employment Rights Act 1996](http://www.legislation.gov.uk/ukpga/1996/18/section/139). In summary, a redundancy situation exists if your employer: 1. has stopped carrying on the part of the business for which you were employed 2. is closing down the place where you worked 3. is reducing head count because they no longer need as many staff as they used to ## When does the dismissal fall within the definition of redundancy? If your employer has told you that you’re being made redundant, you need to consider whether the termination of your employment really is a redundancy. Let’s look at how the definition of redundancy applies in practice. ### 1. If your employer has stopped carrying on the part of the business for which you were employed If your employer is closing a part of the business or intends to do so, they will probably need to let some employees go. If the termination of your employment is *wholly or mainly attributable* to the fact that part of the business is closing, then that is a redundancy. The employer doesn’t necessarily need to have already closed that area of the business. It is enough that they intend to do so. And the definition includes temporary closure, so it is still a genuine redundancy even if the company expects to re-start that part of the business in a few months’ time. ### 2. If your place of work is closing Many businesses operate from more than one location. If your employer is closing down the particular location where you worked, this can also give rise to a redundancy situation. Even if your employment contract has a *mobility clause* that allows your employer to move you to another location, it is still a redundancy if you have only ever worked at the location that is being closed down. If you’re a *mobile worker* (eg a delivery driver), then you will be treated as being based at the location with which you have the closest connection. ### 3. If your your employer is reducing head count If the business is able to operate with fewer staff, this is likely to be a redundancy situation. This may happen if, for example - There is a downturn in work. - Technology means that some work can be done without humans - Work is being outsourced rather than carried out within the business. (If you work is being outsourced to a different company, you *may* have the right to transfer to that company under a set of regulations, known as [TUPE](https://www.gov.uk/transfers-takeovers). This is a complex area of law and you may need to get formal legal advice to understand how TUPE affects your situation) ## The difference between a redundancy and a business restructure Sometimes an employer may need to dismiss staff because of a business restructure. If the restructure hasn’t led to a need to reduce headcount, then that won’t be a redundancy. Nevertheless, it could potentially still be fair to terminate an employee’s employment because the law allows employers to dismiss if they have a substantial reason to do so. However, if it’s not a redundancy, the employer won’t have to pay a redundancy payment. Some employers choose to pay redundancy payments in these circumstances anyway because they feel there’s a moral duty to do so, even if the dismissal doesn’t come within the definition of redundancy. ## How to challenge the fairness of a redundancy You can’t challenge the business decision that led to the redundancy situation. However, there are various ways you can challenge the fairness of a redundancy. ### 1. The decision was automatically unfair There are some decisions that are automatically unfair. That’s usually where the decision is: - connected with pregnancy - related to trade union activities - a response to you asserting your statutory rights (eg the right to a minimum wage) Challenging a redundancy in this way is relatively unusual. ### 2. The employer used unfair selection criteria Sometimes an employer will try to engineer the situation so that they can remove who they want to remove, irrespective of fairness. For example, they may choose selection criteria that are biased against a particular employee. You will be able to challenge the fairness of the redundancy procedure if you can show that your employer had a hidden agenda and used the redundancy situation as a device to engineer your dismissal. ### 3. The redundancy consultation procedure was inadequate Even if there is a genuine redundancy situation, the dismissal will be unfair if your employer fails to follow a [fair redundancy procedure](https://www.masonbullock.co.uk/redundancy-procedure/). What amounts to a fair procedure will depend on the size and resources of your employer. However, usually an employer will be expected to: - warn and consult employees at an early stage - apply fair selection criteria - consider whether there is any [suitable alternative employment](https://www.masonbullock.co.uk/suitable-alternative-employment/) - explore other [alternatives to redundancy](https://www.masonbullock.co.uk/avoid-redundancies/), such as a recruitment freeze ## Have you been offered a settlement agreement? Your employer may offer you a [settlement agreement as an alternative to being made redundant](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/). The benefit of this to you is that it is likely to include [more money](https://www.masonbullock.co.uk/settlement-agreement-how-much/) than if you were simply made redundant. The benefit to the employer is that they avoid any dispute as to whether the redundancy is genuine or whether they’ve followed fair procedure. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Redundancy --- ### [How to Make a Counter-Offer on Your Settlement Agreement](https://www.masonbullock.co.uk/counter-offer/) **Published:** March 1, 2021 **Author:** Andrew Crisp **Content:** If your employer offers you a settlement agreement and you don’t feel it’s enough, it may be time to negotiate for more. Getting the counter-offer right will make all the difference. ## Why make a counter-offer? Often an employer starts with a deliberately low offer, expecting you to negotiate in response. So, if you don’t maker a counter-offer, you may find you’re missing out on money that they’re willing to pay you. Even if your employer considers their first offer to be fair, there may still be scope for negotiation. After all, the employer may not appreciate the full value of your legal rights. ## How much should you ask for? The amount you ask for should take account of: - Whether your employer has acted fairly and reasonably - The reason your employer wants to end your employment - How long you’re likely to be out of work - The terms of your employment contract and any staff policies There are a number of issues to consider. You may find it helpful to read [this article about how much you should expect in a settlement agreement](https://www.masonbullock.co.uk/settlement-agreement-how-much/). ## When should you make the counter-offer? The [ACAS Code of Practice on settlement agreements](https://www.acas.org.uk/acas-code-of-practice-settlement-agreements/html) recommends that staff are given 10 days to consider any offer of a settlement agreement. But do you really need that long? After all, there may be advantages in responding sooner, particularly if you’re finding the process stressful. That’s why we recommend that you take no longer than you need to make a decision and plan your counter-offer. ## Should it be without prejudice and/or as part of a protected conversation? The without prejudice rule is that any discussions which you intend to lead to resolving a dispute are off the record. This means that neither party can use those communications in evidence. However, the problem with the without prejudice rule is that it only applies if there’s an existing dispute. That’s why protected conversations are important. They enable employers and their staff to have settlement discussions, even when there’s no existing dispute. In practice, the difference between the without prejudice rule and the rules concerning protected conversations are often of no practical significance. Our advice is that you carry out negotiations within a protected conversation and without prejudice. That way, it’s completely clear that the discussions are off the record. This article contains some useful information about [how to have a protected conversation](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/). ## To whom should the counter-offer be addressed? Should you send your counter-offer to the HR department? Or Your line manager? Or perhaps the managing director? As a rule of thumb, it’s usually best to send the counter-offer to the person who sent you the original offer. If necessary, they can consult with others before responding to you. ## Do you need legal advice before making a counter-offer? Although the law requires you to get legal advice on your settlement agreement before signing it, you’re going to be better off speaking to a solicitor at an early stage. Many advisers offer a [free initial consultation](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/) of up to half an hour, so you’ve got nothing to lose. Letting your employer know that you’ve spoken to a solicitor can add weight to your counter-offer. ## Should you make the counter-offer in writing or verbally? Whether you respond verbally or in writing depends on your [negotiation strategy](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). For example, you may be negotiating on the basis of good will, appealing to empathy or a sense of your the company’s moral responsibility. In these circumstances, a face to face conversation may be best because it helps to maintain a constructive relationship. Meanwhile, emails can often be misunderstood or come across as threatening. Nevertheless, if you’re negotiating on the basis of your legal rights, then it’s often better to set that out in writing. A suitable template is set out below. ## Template for a counter-offer on your settlement agreement Every situation is different and so the basis for your negotiation may vary from someone else’s. However, the template below will help you think about what you should include. Feel free to tailor it to your own circumstances. > Subject: Response to Settlement Agreement Offer > > Dear \[name\] > > ### Without prejudice and Subject to Settlement Agreement > Protected Conversation under Section 111A of the Employment Rights Act 1996 > > Following our meeting on \[date\], I have now had the chance to consider your settlement agreement offer and take legal advice on it. > > Whilst I hope that we can resolve this matter amicably, my solicitor has advised me that the amount you are offering in the settlement agreement does not reflect the value of the claims I would be giving up. In particular, \[brief details of unfair treatment by employer\]. > > My solicitor has advised me that I could claim compensation of up to \[£amount\] in an employment tribunal. Nevertheless, I would prefer to avoid a claim if possible and I hope that we can reach a fair settlement. > > ### Counter-offer > > I have given careful thought to the situation and on the basis of my solicitor’s advice, I confirm that I am willing to settle for: > > • Payment in lieu of notice > • Compensation in the sum of \[£amount\] > • An agreed reference > • Payment of my legal costs for advice on the settlement agreement. > > I hope you will that this is fair, particularly taking into account \[include non-legal issues such as your contribution to the business, the difficult situation you will be in by losing your job, the economic climate etc\]. > > ### Next steps > > Provided you agree to the above offer, please let me have a draft settlement agreement for approval. > > I look forward to hearing from you as soon as possible please. > > Regards > > \[your name\] It may be helpful to include the name of your solicitor and copy them in on the email. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [How to Raise a Grievance with Your Employer](https://www.masonbullock.co.uk/raise-a-grievance/) **Published:** March 16, 2020 **Author:** Andrew Crisp **Content:** Are you feeling unhappy in your job? This article explains why raising a grievance may be your best option. ## Why raise a grievance? There are a number of benefits of raising a grievance with your employer. ### The grievance procedure may resolve the issue The primary purpose of a grievance procedure is to resolve problems in the workplace. By raising a formal grievance, you can bring issues to your employer’s attention. They may not otherwise have been aware of the issues or perhaps did not realise the full extent of any problem. Your employer should listen to your concerns and may well make changes in order to resolve them. Often this means that you can continue working for your employer. ### Raising a grievance may increase the amount you’re offered in a settlement agreement Even if you have decided that you don’t want to continue working for your employer, it may still be helpful to raise a formal grievance. If you’re leaving your job because of unhappy circumstances, you may be offered a [settlement agreement](https://www.masonbullock.co.uk/what-is-a-settlement-agreement/), whereby you waive your right to bring any claim against your employer. A settlement agreement is usually a [better option for both parties, compared to an Employment Tribunal claim](https://www.masonbullock.co.uk/settlement-agreement-beats-employment-tribunal-claim/). However, it’s important that the amount you receive in a settlement agreement reflects [the full value of any claims you may have](https://www.masonbullock.co.uk/settlement-agreement-how-much/). By raising a grievance, you focus your employer’s mind on the problems that make you want to leave. This means that they’re more aware of the risk to the business if you were to bring a claim and therefore more likely to offer you a decent settlement. ### Your compensation could be reduced by up to 25% if you don’t raise a grievance If you have any intention of bringing a claim against your employer, raise a grievance first, even if you have no confidence in your employer’s ability to resolve it. That way you can demonstrate to an employment tribunal that you’re reasonable. Your compensation award could be reduced by up to 25% if you don’t raise a grievance before starting your claim. ## How to raise a grievance Although there are very few formal requirements when raising a grievance, there are certain steps we recommend you take. ### Get a copy of your employer’s grievance procedure Your employer is expected to devise and operate a clear grievance procedure. This should be set out in writing and usually forms part of a staff handbook or employment contract. If you haven’t done so already, ask for a copy of the grievance procedure. It should set out important factors, such as - The person to whom any grievance should be addressed - Any form you may need to fill in - Timescales for a response ### Act promptly If you wait too long before raising your grievance, you may lose your right to do so. This is because: - it may be too late for your employer to properly investigate - you may be deemed to have waived your right to resign and claim constructive dismissal - many employment claims need to be brought within 3 months of the date of the incident By acting promptly, you ensure that you’re on the front foot and that you’re not weakening your legal position. ### Raise your grievance in writing It’s much better to raise your complaint in writing. This can include email or you may prefer to put it on paper. Raising the grievance in writing helps to focus everyone’s attention. ### Keep it succinct Succinct doesn’t necessarily mean short. It just means no longer than necessary. Avoid repeating yourself. Don’t include irrelevant information. Remember that an employment judge may read it one day and they will want to be able to identify the key issues quickly. ### Make every effort to attend the grievance meeting Attending a grievance meeting can be traumatic. You may prefer to avoid it. However, unless there is a good reason, you should attend and co-operate with your employer’s grievance procedure as best you can. This is an opportunity for you to: - state your case and, if necessary, explain further - listen to your employer’s perspective - discuss a possible resolution You are entitled to be accompanied to the grievance meeting. Having a companion with you may make the process easier. ### If you really don’t feel able to attend the grievance meeting, speak to your doctor If your experience in the workplace has been particularly traumatic, you may be better off not attending the grievance meeting. Get a note from your doctor to say that attending the meeting will not be good for your health. You may however ask for the meeting to be conducted by telephone or email if your doctor says that this is appropriate. ### Consider appealing if you’re not happy with the outcome Following the grievance meeting, your employer should decide what action, if any, to take. They should communicate their decision to your promptly in writing. If you’re not happy with the outcome, you may want to consider appealing. This may mean that your grievance is heard by someone else who may take a different view. ## Should you ask for a settlement agreement? If you’re not confident that your employer will resolve your grievance and you would prefer to you leave your employment, you may want to consider asking for a settlement agreement. The best way to do that is in the context of a [protected conversation](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/). This enables both you and your employer to have a frank conversation about your situation without worrying that your words can be used in evidence against you. A request for a protected conversation should be kept separate from the grievance procedure. This is because documents relating to the grievance procedure can be used in evidence in an employment tribunal, whilst protected conversations cannot. You can however run both procedures in parallel. Raise a grievance but at the same time request a protected conversation (in a separate document). The grievance helps to focus your employer’s mind when it comes to [negotiating how much you should receive in a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). ## Should you get legal advice before raising a grievance? The legal requirements for raising a formal grievance are fairly straightforward. In many cases, you will not need legal advice before doing so. If you are negotiating a settlement agreement, alongside the grievance procedure, you should speak to a solicitor who will be able to give you an idea of how much you should be aiming for. Most solicitors offer [a free consultation for advice on a potential settlement agreement](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/). ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Protected Conversation, Settlement Agreements --- ### [Can You get a Settlement Agreement if You've Been Employed Under 2 Years?](https://www.masonbullock.co.uk/two-years/) **Published:** March 24, 2014 **Author:** Andrew Crisp **Content:** “What date did you start your employment?” That’s one of the first questions I ask any employee who’s been offered a settlement agreement. The amount of time you’ve been employed (known as the length of service) has a great impact on your employment rights. In this article, I’ll explain why your legal position is much weaker if you’ve been employed for under two years. **Been offered a settlement agreement? Get free legal advice today.** Call now for a **free, confidential consultation** with a qualified solicitor: [**0330 333 6050**](tel:+4433033336050) ## What difference does it make to the settlement agreement? If you’ve been employed for under 2 years, there aren’t many claims you could bring against your employer. For example, if you haven’t been employed for longer than 2 years, you can’t: - claim compensation for unfair dismissal - resign and claim compensation for [constructive dismissal](https://www.masonbullock.co.uk/constructive/) - insist on any kind of [redundancy](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/) payment This means that it’s relatively safe for your employer to sack you if you have not yet been employed for the qualifying period, even if they don’t have a fair reason for dismissing you. There is not much incentive for them to pay you compensation in a settlement agreement. ## Are there any exceptions? There are a few exceptions to the two year rule. Certain types of dismissal are *automatically* unfair, which means that you can claim unfair dismissal, even if you’ve been employed for under two years. For example, you don’t need a minimum qualifying period to claim compensation if the dismissal was for one of the following reasons: - You asked to be released for jury service - You were pregnant or have recently given birth - You indicated that you were going to take action to enforce a statutory right, such as the right to be paid the National Living Wage You can see a full list of ‘automatically unfair’ dismissals in the [Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/part/X/chapter/I/crossheading/other-dismissals). If any of those apply in your case, you should let your employer know. You may have a claim against your employer. It may be in both parties’ best interests to agree a settlement agreement. You may want to speak to [an employment solicitor ](https://www.masonbullock.co.uk/)[specialising in settlement agreement advice](https://www.masonbullock.co.uk/) to determine whether any exceptions apply in your case. ## Are there other claims you could bring, even if you’ve been employed under 2 years? Although your employer doesn’t need to show a fair reason to dismiss you if you’ve been employed for under 2 years, they’re not allowed to discriminate against you. Discrimination means you’ve been treated less favourably because of a protected characteristic, such as race, sex, gender reassignment, religion etc. A full list of protected characteristics can be found [here](https://www.masonbullock.co.uk/what-is-a-protected-characteristic/). For example, if your employer were to dismiss you because of your racial background, that would be automatically unfair. You could claim compensation, irrespective of how long you were employed. There are however some less obvious ways that your employer could unintentionally discriminate against you. For example, they may decide to sack you because of your sickness record. If you have been employed for less than 2 years, you can’t claim unfair dismissal. However, you may be able to show that the reason you had so much time off sick was that you have a disability and that, by sacking you, the have discriminated against you on the grounds of that disability. This would potentially be disability discrimination. This would be a discrimination claim, rather than an unfair dismissal claim. You would be entitled to claim damages for lost earnings and injury to feelings. If you believe that you’re the victim of discrimination, you may want to [raise a grievance](https://www.masonbullock.co.uk/raise-a-grievance/). In turn, this may help you to get a settlement agreement. The amount you should accept as a settlement package [depends on a number of factors](https://www.masonbullock.co.uk/settlement-agreement-how-much/) but you you should consider calculations including your lost earnings and injury to feelings. It’s usually [better to agree a settlement agreement, rather thank pursue an employment tribunal claim](https://www.masonbullock.co.uk/settlement-agreement-beats-employment-tribunal-claim/). ## What about my contractual rights? If your employer breaches your employment contract, you can claim compensation, even if you’ve been employed under two years. However your compensation would be limited to your contractual entitlements. Typically, these are: - Salary and benefits up to the termination date - Notice pay (unless the dismissal is for gross misconduct) - Payment for any holiday that hasn’t been taken, calculated up to the termination date You wouldn’t be able to claim compensation for future lost earnings or injury to feelings. ## Should you ask for a settlement agreement? The purpose of a settlement agreement is for you to give up any claims against your employer. If you’ve been employed under two years, you probably don’t have a claim, unless one of the exceptions applies. However, there may still be some incentive for your employer to offer you a settlement agreement. ### Playing it safe Sometimes, employers prefer to be on the safe side. It’s safer to ask an employee to sign away all their rights, usually in exchange for some kind of settlement payment, even if there’s no obvious prospect of the employer bringing a claim. ### Guilty conscience Even if your employer isn’t breaking the law, they may feel bad about having to bring your employment to an end. After all, you’ve contributed a lot to the business. Terminating your employment will cause you distress and inconvenience. Although there’s no legal duty to do so, your employer may feel a moral responsibility to pay you something in a settlement agreement. ### A desire to maintain a good relationship Some employers genuinely don’t want to fall out with their staff, even if they have to let them go. By offering a settlement agreement, which may include a financial payment as well as a favourable reference, they will be able to show good will and help the employee towards finding another job. ## Can you negotiate? Negotiation is much more tricky if you’ve been employed under two years. Unless you can show that one of the exceptions applies to you, there isn’t much incentive for your employer to pay you more money. Nevertheless, you may be able to negotiate on the basis of good will. This is likely to work if you can show factors such as: - you’ve had a good relationship with your employer - you’ve been a hard-working employee and you’ve made a valuable contribution to the business - losing your job puts you (and your family) in a very difficult situation - you left another job to join your current employer These are all factors that an employment tribunal wouldn’t take into account. They may however have some leverage with a reasonable employer. If you do want to negotiate, you will probably find it helpful to ask for a [protected conversation](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/) with your employer. For some helpful tips, read this article about [negotiating a better settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). ## Conclusion While the two-year threshold in employment law can significantly affect your rights, it doesn’t necessarily mean you’re without options if your employer offers you a settlement agreement. Understanding the limitations—and the exceptions—is key. Whether you’re facing a potential claim for discrimination, an automatically unfair dismissal, or simply seeking a dignified exit with some goodwill compensation, it’s important to assess your position carefully. A settlement agreement can offer closure, financial support, and a clean break, even if you haven’t met the qualifying period for unfair dismissal claims. If you’re unsure about your rights or whether to accept an offer, it’s always wise to seek advice from a solicitor who specialises in settlement agreements. With the right support, you can navigate this process confidently and secure the best possible outcome. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [Should You Accept a Settlement Agreement or Claim Unfair Dismissal?](https://www.masonbullock.co.uk/settlement-agreement-unfair-dismssal/) **Published:** October 13, 2015 **Author:** Andrew Crisp **Content:** ![Should You Claim Unfair Dismissal or Accept Settlement Agreement?](https://www.masonbullock.co.uk/wp-content/uploads/2015/09/Unfair-Dismissal-Settlement-Agreement-300x208.jpg "Unfair-Dismissal-Settlement-Agreement | Mason Bullock Solicitors") If you feel your employer has unfairly dismissed you, you may be able to claim compensation in an employment tribunal. However, before embarking on this route, you should consider whether it would be better to enter into a settlement agreement, whereby you give up your right to bring a claim in exchange for your employer paying you money. Here are a few questions to help you make the right decision. **Been offered a settlement agreement? Get free legal advice today.** Call now for a **free, confidential consultation** with a qualified solicitor: [**0330 333 6050**](tel:+4433033336050) ## How likely is it that an unfair dismissal claim will succeed? Any litigation is uncertain. Neither party can be entirely sure of success. To win an unfair dismissal claim, you must show that your employer acted unfairly in dismissing you. For example: - They did not conduct a reasonable investigation - They failed to follow a fair procedure - They did not have a fair reason to dismiss you - Even if they had a fair reason, a dismissal was a disproportionate penalty You should seek legal advice on your situation. Your solicitor will advise you on how likely a tribunal is to find that your dismissal was unfair. ## How much compensation would you receive if your unfair dismissal claim succeeded? If you succeeded in an unfair dismissal claim, you would usually be entitled to two types of award: ### 1. Basic Award This is calculated in roughly the same way as a redundancy payment. You can do the calculation [here](https://www.gov.uk/calculate-employee-redundancy-pay). ### 2. Compensatory Award The purpose of the compensatory award is to compensate you for your financial losses resulting from your dismissal. This usually means your lost earnings up to the date you start another job. To calculate this, you will need to know: - Your monthly take-home pay (ie after deductions) and - A rough estimate of how many months you expect to be out of work Multiply the number of months by the amount of your take-home pay, and that’s the figure you can expect a tribunal to award you if you’re successful. This means that, if you’re likely to find another job immediately, your losses will likely be very low and possibly nothing. Even if your claim succeeds, you may find it’s not worth the trouble. However, if finding another job will take you many months, your compensation will be much higher, and a tribunal claim may well be worthwhile. ## Do you have the appetite for an unfair dismissal claim? Legal proceedings are stressful. A tribunal claim will probably take at least 6 months to reach a hearing. This can be an emotionally draining process. The hearing itself can be very upsetting, particularly if you’re cross-examined. And the details may end up in the press. Not everyone is able to cope with this experience, and you should consider this when deciding which route to take. A settlement agreement is much quicker (usually takes a few days to complete) and provides a degree of certainty you wouldn’t have in a tribunal claim. It’s confidential, too, so there’s no danger of the situation becoming public knowledge. ## So, should you accept a settlement agreement instead? If the amount your employer offers you in a settlement agreement is greater than the value of an unfair dismissal claim, you should certainly accept. Weigh up the prospects of success against the amount you may recover. For example, if you have 60% chance of successfully recovering £10,000, you may want to accept £6,000. However, if your case is much stronger than that and you could reasonably expect to win much more, you should try to [negotiate a better deal](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). We recommend that you only issue tribunal proceedings as a last resort. Before deciding what to do, you may want to speak to a [specialist settlement agreement solicitor](https://www.masonbullock.co.uk/). ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [Agreeing a Settlement Agreement Whilst Continuing to Work for the Employer](https://www.masonbullock.co.uk/settlement-agreement-continuing-work/) **Published:** April 15, 2015 **Author:** Andrew Crisp **Content:** ![Settlement Agreement Whilst Continuing to Work](https://www.masonbullock.co.uk/wp-content/uploads/2015/02/Settlement_Agreement_Continuing_Work-300x200.jpg "Settlement_Agreement_Continuing_Work | Mason Bullock Solicitors")Difficulties in the workplace are bound to arise. It’s not necessarily anyone’s fault, but they can be problematic both for employers and employees, leading to - stress - low morale and - lack of productivity. The difficulties can often be resolved through a grievance procedure or good management. The employee can then continue to work for the employer. However, a sensible employer may still want the employee to agree to a [settlement agreement](https://www.masonbullock.co.uk/what-is-a-settlement-agreement/) even though the employment is continuing. In this article, we explain why. **Been offered a settlement agreement? Get free legal advice today.** Call now for a **free, confidential consultation** with a qualified solicitor: [**0330 333 6050**](tel:+4433033336050) ## Using a Settlement Agreement when the Employment is Ongoing Usually, a settlement agreement is used when employment terminates, but this doesn’t have to be the case. Sometimes, an employee can agree to a settlement agreement and continue working. Settlement agreements can resolve almost any workplace dispute, regardless of whether or not the employment is continuing. The types of disputes that you may experience while the employment is ongoing may be: - you have been the victim of harassment in the workplace - your employer has been discriminating against you by not allowing you the same opportunities as your colleagues - there has been a disagreement about how your commission or bonus should be calculated. Any of these situations could give rise to a claim against your employer. Even after the cause of the dispute is dealt with, you may still be able to claim compensation. For example: - your employer may dismiss the perpetrator of harassment, but you would still be entitled to claim compensation for the [injury to feelings](https://www.masonbullock.co.uk/injury-to-feelings/) - the discrimination stops, but you may be entitled to compensation for lost earnings that resulted from the historic discrimination - you reach a compromise on how much commission or bonus you should be paid In each of the above examples, a prudent employer will want to make sure that any settlement reached is clearly recorded and they you waive your right to bring any kind of claim. This is best done by way of a settlement agreement. ## The tax situation is different Many of the [tax advantages of entering into a settlement agreement](https://www.masonbullock.co.uk/tax-on-settlement-agreements/) only apply if the employment is ending. Most payments that are made whilst the employment is ongoing, whether expressed as compensation or otherwise, are likely to be fully taxable. This is because they will be deemed to be part of the employee’s remuneration. These payments include: - lost earnings - contribution towards the legal costs of getting advice on the settlement agreement. However, compensation for discrimination should be tax-free. Discrimination includes less favourable treatment on the grounds of: - Age - Disability - Gender reassignment - Marriage and civil partnership - Pregnancy and maternity - Race - Religion or belief - Sex and sexual orientation Damages for injury to feelings arising out of the discrimination can usually be paid tax free. Similarly, damages relating to a personal injury in the workplace can also be paid tax free. ## Need Advice on a Settlement Agreement? Before you sign, speak to an experienced settlement agreement solicitor. Call [**0330 333 6050**](tel:03303336050) for a **free initial consultation**, or complete the form below and we will get back to you promptly. We will explain your options, answer your initial questions, and guide you through the next steps. If you instruct us, your employer will usually contribute towards your legal fees, often covering the full cost of our advice. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [CCJ Removal: 3 Ways to Remove a CCJ from Your Credit Report](https://www.masonbullock.co.uk/remove-ccj/) **Published:** July 18, 2014 **Author:** Andrew Crisp **Content:** ![CCJ Removal](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/ccj-set-aside.jpg "| Mason Bullock Solicitors") Do you need to remove a CCJ? If you’ve discovered a County Court Judgment on your credit report, this could have dire consequences for many areas of your life. For example: - Lenders may be unwilling to offer you a mortgage at a decent rate - You may not be able to rent a home. - Your job may be at risk if you work in a profession that requires a clean credit record. You need to get the CCJ set aside if you can. Scroll down to find out the three ways to get the CCJ removed. ## What Is a County Court Judgment (CCJ)? A CCJ is a court order issued against you if you fail to pay a debt. If you weren’t previously aware of the CCJ, the most likely explanation is that an organisation ([such as a parking management company](https://www.masonbullock.co.uk/ccj-parking-ticket/) or a financial institution) has issued court proceedings against you without you knowing about it. This may be because - the court papers were [sent to the wrong address](https://www.masonbullock.co.uk/ccj-wrong-address/) - you may have been away from home at the time - you didn’t know what to do when you received the court papers The court rules only give you 14 days to respond to a court claim. If no response is received within that time, the court works on the assumption that you’re ignoring the claim and issues a default County Court Judgment. The court then notifies the [Registry Trust](https://www.registry-trust.org.uk/) that a CCJ has been issued against you – that’s the organisation appointed to maintain a Register of judgments, orders and fines. The Registry Trust then updates the credit reference agencies (such as Experian and Equifax) who make a note of the CCJ on your credit file, often leading to [terrible financial consequences](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/). If it’s been issued unfairly, for example, because you weren’t aware of any claim against you, you may have grounds to remove the CCJ. This means the judgment is cancelled, and the legal process is effectively reset, giving you another opportunity to respond to the claim. ## Is CCJ Removal Possible? Not all CCJs can be removed from a credit report. CCJ removal is only possible in certain circumstances. If you knew about the claim and ignored it, you’re probably stuck with the CCJ for six years from the date it was issued. That’s the purpose of credit reports – to let lenders know whether someone takes their financial obligations seriously. But if you were unaware of the claim or if the CCJ is very recent, it may well be possible to get the CCJ removed. Below, I outline three methods to remove a CCJ from your credit report. The best option for you will depend on your unique circumstances. ## 1. Paying within a Month will Remove the CCJ from Your Credit Report Credit reference agencies, such as Experian, obtain information from the [Registry Trust](https://www.trustonline.org.uk/), who keep a register of all County Court Judgments. The courts inform the Registry Trust every time a CCJ is issued. However, if the CCJ is paid within a month, it will be removed from the Register. If you admit to owing the money and the judgment is less than a month old, paying within a month is the best option. When you pay, the claimant should inform the court. The court then updates the Registry Trust, which removes the CCJ from the Register. The Registry Trust, in turn, will notify all the credit reference agencies who remove it from your credit report. This process can sometimes take about seven days. If the claimant doesn’t tell the court you’ve paid, you must inform the court yourself. The best way to do this is by applying for a [Certificate of Satisfaction or Cancellation using form N443](https://www.gov.uk/government/publications/form-n443-application-for-a-certificate-of-satisfaction-or-cancellation). You must provide evidence of payment, such as a receipt from the claimant or a copy of your bank statement. The court will ask the claimant to confirm you’ve paid. If the claimant acknowledges that you’ve settled the debt or doesn’t reply, the court will accept that you’ve paid in full and update the Registry Trust. The Registry Trust will then remove the CCJ from the Register. ### Should you pay the CCJ if you dispute it? It may still be better to pay the full amount ordered by the court, [even if you dispute the CCJ](https://www.masonbullock.co.uk/should-you-apply-to-set-aside-judgment-or-just-pay-it/), particularly if it’s only for a small amount (such as a private parking charge). That’s because [the consequences of having the CCJ on your credit record](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/) may far outweigh the cost of paying the CCJ. If you do pay it, let the claimant know that you’re only paying it to get rid of the CCJ from your credit record. You may even want to consider taking action to claim the money back from them once the CCJ has been removed. ## 2. CCJ Removal Happens Automatically After Six Years After six years, the CCJ will be removed automatically from your credit record without you having to do anything. Even if you don’t pay it, the CCJ will disappear from the Register. However, in some circumstances, the claimant can still enforce the CCJ, which means that if you haven’t paid the amount of the CCJ, the claimant can still take action to recover it. For example, they could instruct bailiffs or apply for an order against your bank. Nevertheless, this enforcement action won’t impact your credit record, provided the CCJ is over six years old. If your CCJ is already quite old, waiting for the six years to expire may be the best option. However, if it’s more recent, can you afford to wait so many years with a poor credit rating? If not, you will need to apply to have the CCJ set aside. ## 3. The CCJ will be removed if the court sets it aside This option is suitable if the CCJ was issued incorrectly — for example, if you didn’t receive the claim or you have a valid defence. Provided the CCJ is a default judgment (and it probably is), then the court can set it aside if there are valid reasons, such as[ if you didn’t receive the claim form](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-if-i-didnt-receive-the-claim-form/). ### What is a default judgment? A default judgment is [a judgment entered by the court when a defendant fails to acknowledge a claim or present a defence](https://www.masonbullock.co.uk/what-is-a-default-judgment-and-why-have-i-received-one/). Contact the court that issued the CCJ to find out whether it is a default judgment. Ask them to email you a copy. Provided the CCJ is indeed a default judgment, follow these steps to get it set aside. ## Step-by-Step Guide to Getting a CCJ Set Aside Follow these steps to get the CCJ set aside. ### 1. Gather Key Information About Your CCJ Before taking any steps toward setting aside a CCJ, you need to collect all the relevant details. This information is critical for making informed decisions. Your credit report will typically provide the following: - The date the CCJ was issued - The claim number - The amount owed - The court that issued the judgment, often the County Court Business Centre Once you have this information, contact the court to obtain further details, such as the claimant’s identity and the nature of the claim. ### 2. Act Quickly Time is of the essence when applying to set aside a CCJ. In most cases, courts are more likely to consider your application favourably if you act promptly. [Delaying could harm your chances](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/), so it’s crucial to prioritize this as soon as you become aware of the CCJ. ### 3. Choose the Right Grounds The court will only agree to set aside a County Court Judgment (CCJ) if you can show there are valid legal grounds. These typically fall into three main categories: - #### Incorrect service of court papers The claim was sent to the wrong address and you never received it. - #### A strong legal defence You have a valid reason why the claim should not succeed — for example, you already paid the debt, or it wasn’t owed. - #### Other compelling reasons Such as a change of address or serious personal circumstances that meant you were unaware of the proceedings. Carefully consider which of these applies to your situation. Presenting clear, well-founded arguments will give your application the best chance of success. 👉 [Read our detailed guide to the grounds for removing a CCJ](https://www.masonbullock.co.uk/ccj-removal-reasons/). ### 4. Seek the Claimant’s Consent The process becomes significantly easier if the claimant[ consents to the judgment being set aside](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/). If there is no opposition, the court is more likely to grant the application. Often, claimants will request full payment of the CCJ before consenting, which may be worth considering to expedite the process. ### 5. Complete the N244 Application Form Regardless of whether the claimant consents, you must apply to the court using form N244 to have the CCJ set aside. If the claimant consents to the removal of the CCJ, include evidence of this, typically in the form of a consent order. Our detailed guide on [completing the N244 application](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/) provides step-by-step instructions. ### 6. Compile Sufficient Evidence As the applicant, the burden of proof lies with you. This means gathering and presenting compelling evidence to support your application. Examples include proof of address changes, notification to the claimant of your new address, and any documentation that supports your defence against the original claim. To find out what other items you may need, take a look at our article outlining [what evidence you need to remove a CCJ](https://www.masonbullock.co.uk/ccj-removal-evidence/). ### 7. Draft a Comprehensive Witness Statement Your witness statement is a critical piece of evidence, allowing you to tell your side of the story in your own words. It must adhere to the [Civil Procedure Rules](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32). Include details such as: - Dates and details of any address changes - Reasons for your lack of awareness of the claim - Actions you took once you became aware of the CCJ - The impact of the CCJ on your financial life Ensure your witness statement is truthful, as it holds the same weight as swearing on oath in court. ### 8. Prepare Thoroughly for the Hearing Preparation is key to a successful outcome at your hearing. Review all documents thoroughly, including the application notice, witness statement, and any evidence provided by the claimant. Being well-prepared will help you confidently address any questions from the judge. ### 9. What to Expect at the Hearing The court will notify you of the hearing details, whether it’s in person or via telephone. During the hearing, both you and the claimant will present your cases, and the judge will ask questions as needed. The judge will then make a decision based on the evidence presented. ## Next Steps After the County Court Judgment is Set Aside If the court decides to set aside your CCJ, it will issue a formal order, which will be sent to you in writing. The court will update the Registry Trust, and the public register will reflect this change within 24 hours. Credit reference agencies will then update your credit report by removing the CCJ, usually within a week, significantly improving your credit score. Getting a CCJ removed can be a complex process, but with the right approach, it’s possible to clear your credit file and improve your financial situation. Act quickly, gather strong evidence, and seek legal advice if necessary to enhance your chances of success. ## FAQs about CCJ Removal Below are some concise answers to common questions about removing CCJs, including how they affect your credit score and the steps to remove them. If you need to get rid of a CCJ from your credit file, this guide will provide the essential information to manage and hopefully remove a CCJ effectively. ### What is a CCJ? A County Court Judgment (CCJ) is a UK court order registered against you if you fail to repay a debt, affecting your credit score and future creditworthiness. ### What is a default judgment? A default judgment is a type of CCJ issued by a court if a defendant fails to respond to a claim in time. Most CCJs are default judgments. [Read More](https://www.masonbullock.co.uk/what-is-a-default-judgment-and-why-have-i-received-one/) ### How does a CCJ affect you? A CCJ causes your credit score to go down, making it more difficult to get a mortgage or other credit. It can also affect your career. [Read More](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/) ### How long does a CCJ last? A CCJ stays on your credit record for six years from the judgment date unless paid within a month. During this time, your credit score is negatively impacted. ### Can I get a CCJ removed? Yes, If the CCJ is a default judgment, it can be removed from your credit file if you pay within one month or apply to have it set aside. Otherwise, it stays on your record for six years. [Read More](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/) ### When can I get a CCJ set aside? You can apply to have a CCJ set aside in some circumstances, such as not receiving court paperwork or if it was issued in error. [Read More](https://www.masonbullock.co.uk/ccj-removal-reasons/) ### Will removing a CCJ improve my credit score? Yes, removing a CCJ will boost your credit score. A CCJ is a negative mark, so removing it will improve your score, depending on your credit history. [Read More](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/) ### Will my credit score go up when a CCJ is removed? Yes, your credit score will improve if a CCJ is removed, especially if it was the only negative mark. The extent of improvement depends on your overall credit history. ### Can you ask a creditor to remove a CCJ? Creditors can’t remove a CCJ; only a court can. However, if the creditor agrees, you can apply for a consent order to simplify the set-aside process. [Read More](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/) ### What if the CCJ was sent to the wrong address? If a CCJ was sent to the wrong address, you can apply to have it set aside using form N244, explaining the address error with evidence. [Read More](https://www.masonbullock.co.uk/ccj-wrong-address/) ### Does a CCJ go against your address? A CCJ is registered against an individual, not an address. However, it appears on your credit record and is linked to your current and previous addresses. ### Can a default judgment be set aside if you didn’t know about the claim? Yes. Provided you act promptly, a court is likely to set aside the default judgment if you can prove you weren’t aware of the claim. [Read more](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-if-i-didnt-receive-the-claim-form/) ### Can a parking company give you a CCJ? Yes, if you fail to pay a parking fine and the case goes to court, a CCJ can be issued against you. You can apply to set it aside by explaining the situation to the court with evidence. [Read More](https://www.masonbullock.co.uk/ccj-parking-ticket/) ### How do I apply to the court to get a CCJ set aside? Complete form N244 and submit it to the court with a valid reason. You may be invited to a court hearing at which you can present evidence. ### How do I complete an N244 Form? Provide personal details, explain why you’re requesting the court to set aside the judgment, and include evidence. Legal advice is recommended. [Read More](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/) ### Is it worth paying off a CCJ? Paying off a CCJ may be advisable as it shows you’ve settled your debt. It will be marked as “satisfied” on your credit file, which is better than an unpaid CCJ. [Read More](https://www.masonbullock.co.uk/should-you-apply-to-set-aside-judgment-or-just-pay-it/) ### Will paying a CCJ improve my credit score? Paying a CCJ won’t remove it unless done within a month, but it will be marked “satisfied,” which is better for your credit score than an unpaid CCJ. ### Can a CCJ be removed once paid? If paid within a month, the CCJ is removed. If paid later, it stays on your record for six years unless set aside. It is marked as “satisfied,” which is still beneficial. ### How do you remove a CCJ once paid? To remove a CCJ after payment, apply for a [certificate of cancellation](https://www.gov.uk/government/publications/form-n443-application-for-a-certificate-of-satisfaction-or-cancellation) if paid within one month. After one month, it remains marked as “satisfied.” We hope this page has answered your questions about County Court Judgments (CCJs) and provided you with the guidance you need. Dealing with a CCJ can be challenging, but understanding your options is the first step toward managing your financial situation. If you need further assistance or specific advice, we recommend getting legal advice. **Categories:** Set Aside Judgment --- ### [3 Reasons You Need Legal Advice on Your Settlement Agreement](https://www.masonbullock.co.uk/3-reasons-you-must-get-legal-advice-on-your-settlement-agreement/) **Published:** May 1, 2014 **Author:** Andrew Crisp **Content:** [![3 Reasons for Legal Advice on Settlement Agreement](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/3-Reasons-300x300.png "3 Reasons | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/3-Reasons.png) Some employees would prefer to sign a settlement agreement without the hassle of getting legal advice first. Everything’s agreed. Everyone’s happy. Why bother going to the trouble of finding a solicitor? Well, here are three reasons you will need to arrange to get a solicitor on board before signing. ## 1. The settlement agreement is not legally binding unless the employee has had legal advice The law protects employees from signing away their rights without first understanding what their rights are. Your employer will present you with a document by which you give up all employment related claims. Do you know what these claims are? Do you know whether your work situation entitles you to claim compensation? By speaking to an adviser, you can discuss your circumstances in full and obtain guidance on whether you would be better off negotiating a higher payment or refusing to sign altogether. ## 2. A solicitor will help you to get the best deal Do you know how much you should expect by way of a termination payment? Your solicitor will be able to advise you. In order to determine your entitlement, your solicitor will need to know: - your annual salary - your monthly take home pay - how much notice your employer is required to give - the circumstances leading to the termination of your employment - how long it will take you to find another job It may be that you’re not getting everything you’re entitled to. Make sure you get the best legal advice about how much you can expect to receive under a settlement agreement. ## 3. You may be able to avoid paying tax unnecessarily Even if you’re getting all the money you’re due, you may not be receiving it in the most tax efficient way. For example, if you’re paying tax on a payment in lieu of notice, your solicitor may be able to propose that the document be re-drafted so that you can get it tax free. If this is done in the right way, your employer won’t have to pay you any more money but you’ll be able to receive the payment free of tax. ## Would You Like a Free Consultation About Your Settlement Agreement? If you’ve received a settlement agreement, you’ll need to make sure you receive legal advice on it. We advise clients throughout the UK. Call us now for a free consultation. ### From a landline: 0800 531 6050 ### From a mobile: 0330 333 6050 Alternatively, complete the form below and we’ll contact you. ## Contact Us for a Free Consultation If you would like a free consultation about your settlement agreement, complete the form below and we’ll give you a call. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** aa No_YARPP, Settlement Agreements --- ### [What Evidence Do You Need to Remove a CCJ? A Complete Guide](https://www.masonbullock.co.uk/ccj-removal-evidence/) **Published:** August 9, 2024 **Author:** Andrew Crisp **Content:** ![What evidence do you need to set aside a CCJ?](https://www.masonbullock.co.uk/wp-content/uploads/2024/07/Evidence-300x169.jpg "| Mason Bullock Solicitors") If you apply for a CCJ (County Court Judgment) to be set aside, you will need to provide the court with evidence. The type of evidence you’ll need depends on the specifics of your case. This article outlines how to increase your chances of having a CCJ removed by providing the proper documentation. ## CCJ Sent to Old Address If your application is based on the [court papers being sent to an outdated address](https://www.masonbullock.co.uk/ccj-wrong-address/), consider presenting the following evidence: - **Driving Licence**: Shows your current address. - **Expired Tenancy Agreement**: Demonstrates your previous residence. - **Notice of Termination**: From you or your landlord, indicating the end of the tenancy. - **New Tenancy Agreement**: Proves your residence when the claim was filed. - **Land Registry Entries**: Information available from the [Land Registry](https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds) confirms ownership of your current property. - **Property Transfer Deeds**: Evidence of property sale or purchase. - **Utility Bills or Bank Statements**: Dated before the claim began, proving your residence. - **Credit Report**: Lists your addresses over time. ## Other reasons you didn’t receive the claim form Even if the [claim form](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-if-i-didnt-receive-the-claim-form/) was sent to the correct address, you might not have seen it before the judgment was entered. This could happen if you were away. Supporting evidence might include: - **Passport Stamps**: Show travel dates. - **Holiday Bookings or Flight Confirmations**: Prove you were not at home. - **Employer Letter**: Confirms you were out of the country. ## Communications with the claimant If your application is based on the claim that the claimant was aware of your new address, relevant evidence could include: - **Notification of Address Change**: Letter or email sent to the claimant. - **Credit Report with Correct Address**: If you’ve allowed the claimant access to it. ## Your Defence To show you have a real prospect of successfully defending against the claim, provide evidence that supports your case. Remember, the application hearing is not a full trial, but you must prove your defence has at least some merit. Examples of evidence include: - **Parking Charges**: If the [CCJ relates to a parking charge](https://www.masonbullock.co.uk/ccj-parking-ticket/), provide photos of unclear signs, a parking permit, or authorisation to park. - **Loan Agreements and Credit Cards**: Bank statements proving debt repayment would support your case. - **Draft Defence**: Outline your defence against the claim. It should briefly state which allegations you deny, admit, or cannot confirm. ## Damage to your credit score Most judges recognise that [a CCJ harms your credit score](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/), but it’s best to have evidence of that and its impact on your life. Relevant evidence may include: - **Copy of your credit report**: Shows the CCJ entry. - **Mortgage Refusal**: Email from a broker. - **Unable to rent**: Letter from a landlord or agent. - **Employment Issues**: A letter from an employer stating the CCJ’s impact. ## Promptness In most applications, the judge must usually consider [whether you’ve acted promptly](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/). If there was a delay, provide evidence explaining why: - **Evidence of When You Learned of the CCJ**: An email from a mortgage broker or a credit reference agency. - **Explanation for Delay**: A hospital discharge letter or similar documentation. ## Evidence you mustn’t show to the court Avoid showing the court “without prejudice” communications, which are confidential and meant for settlement discussions. These include letters or emails asking the claimant to [consent to judgment being set aside](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/). ## How to present your evidence to the court The best way to present each piece of evidence to the court is to arrange copies in date order and refer to them in your witness statement. This is known as exhibiting the evidence. You should send your evidence to the court by post or email as soon before the hearing as you can. Don’t try to catch the claimant out by sending it late because it may lead to an adjournment of the hearing. ## Conclusion [Removing a County Court Judgment (CCJ) from your credit record](https://www.masonbullock.co.uk/remove-ccj/) is a complex process, but it is possible with the right approach and thorough preparation. Successfully setting aside a CCJ involves demonstrating to the court that there were valid reasons for not responding to the original claim or that you have a credible defence. You can build a strong case by gathering evidence such as proof of address, travel documentation, and communication records. It’s also crucial to demonstrate how the CCJ has impacted your life and credit score to highlight the urgency and importance of your application. Being proactive and timely in your application is essential to demonstrate promptness to the court. Remember to organise your evidence carefully, present it clearly, and avoid including any privileged communications. By following these steps, you can significantly increase your chances of having the CCJ set aside, thereby alleviating its impact on your financial future. This can restore your ability to access credit and improve your overall credit profile, paving the way for a more secure financial standing. **Categories:** Set Aside Judgment --- ### [CCJ Removal: How Much Does It Really Cost? Find Out Here](https://www.masonbullock.co.uk/court-fee-apply-to-set-aside-ccj/) **Published:** June 21, 2022 **Author:** Andrew Crisp **Content:** ![Court Fee to Remove CCJ](https://www.masonbullock.co.uk/wp-content/uploads/2022/06/Court-Fee-e1655804660460.jpg "Court Fee | Mason Bullock Solicitors") Applying to remove a County Court Judgment (CCJ) is essential if you believe the judgment was incorrect or if you have a valid defence. One key aspect to consider is the court fee. This guide will break down the costs and provide you with a comprehensive understanding of what to expect financially when applying to the court to set aside a CCJ. ## What is a CCJ and Why Set it Aside? ### Definition of a CCJ A County Court Judgment (CCJ) is a court order requiring you to pay money to a claimant. It can be registered against you if you fail to repay the money you owe. It impacts your credit rating and can affect your financial stability. ### Reasons to Set Aside a CCJ - Lack of notification about the court proceedings: If you [didn’t receive the claim form](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-if-i-didnt-receive-the-claim-form/), you may have good grounds to apply to the court to have the CCJ set aside. - Valid defence against the claim: If you have a good defence to the claim, the court may set it aside if you act promptly ## Understanding Court Fees ### Standard Court Fee As of the latest updates, the standard fee for applying to set aside a CCJ is £313. This fee must be paid at the time of application. You can check for any changes in the court fee on [the government website](https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50/civil-court-fees-ex50). ### Possible Additional Costs - Legal advice or representation fees - Costs for obtaining evidence or documentation - Potential appeal costs if the initial application is denied ## Is it cheaper if the Claimant agrees to the CCJ being removed? If the Claimant agrees not to contest your application to remove the CCJ, you can agree to a[ consent order](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/). This makes it much more likely that the court will set it aside. The fee for applying to the court with the consent of the Claimant is £123. If you agree to a consent order after you start the application process, the consent fee will be payable in addition to the application fee. ## Can You Reduce the Court Fee? ### Fee Remission Scheme The UK government offers a fee remission scheme for individuals on low incomes or certain benefits. Eligibility is determined based on your financial circumstances. ### Applying for Fee Remission To apply for fee remission, you must complete form EX160 and provide evidence of your financial situation. This can significantly reduce or even eliminate the court fee. ### How to Apply for a Fee Remission The process for applying for help with fees online is: 1. Go to and click ‘Start Now’; 2. Enter your details and submit the application; 3. You will receive a Help With Fees reference number (HWF-XXX-XXX); 4. When you send the court your [N244 application to set aside judgment](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/), write that Help with Fees reference number in the box in the top right-hand corner of the application form. The court staff will process your application for help with fees when they receive your application to set aside the CCJ. They will contact you to let you know whether your application for help with fees was successful or if they need more information. You should continue with the application straight away and not wait for a response. ## Process of Setting Aside a CCJ ### Submitting Your Application Complete form [N244 to apply for setting aside the CCJ](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/), including details about why you believe the judgment should be set aside and any supporting evidence. ### Court Hearing Attend the court hearing, where a judge will review your application and evidence. The judge will decide whether to set aside the judgment based on the information provided. ## FAQs **How much is the court fee to set aside a CCJ?** The standard court fee is £303, but do check the government website for any changes. **Can I get help with the court fee?** Yes, you can apply for fee remission if you meet the eligibility criteria. **What form do I need to apply to set aside a CCJ?** You need to complete form N244. **Do I need legal advice to set aside a CCJ?** While not mandatory, legal advice can be helpful, especially if your case is complex. Many firms offer a free initial consultation. **What happens if my application to set aside a CCJ is denied?** You may be able to appeal the decision, which could involve additional costs. **Can the court fee be refunded if my application is successful?** If your application is successful and judgment is set aside, the judge may order the claimant to pay you the amount of any court fee you’ve incurred. ## Conclusion Anyone considering this legal route must understand the court fees involved in applying to set aside a CCJ. By knowing the costs and exploring options for fee remission, you can better prepare for the financial aspects of setting aside a judgment. Always consider seeking legal advice to navigate the process effectively and improve your chances of success. **Categories:** Set Aside Judgment **Tags:** CCJ --- ### [How to Remove a CCJ for a Parking Ticket - A Complete Guide](https://www.masonbullock.co.uk/ccj-parking-ticket/) **Published:** January 23, 2020 **Author:** Andrew Crisp **Content:** ![CCJ for a Parking Charge](https://www.masonbullock.co.uk/wp-content/uploads/2020/01/Parking-Charge-300x200.jpg "Penalty,Charge,Notice,Parking,Fine,Attached,To,Car,Windscreen | Mason Bullock Solicitors") One of the most common reasons people are issued with a CCJ is a failure to pay a parking ticket. The original parking charge may only have been £40, but [the cost of having a CCJ on your credit record is enormous](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/). If you’ve discovered a CCJ relating to a parking charge, we recommend that you take steps to remove it as soon as possible. This article explains how the CCJ may have come about in the first place and what you need to do about it. ## What is a CCJ? A County Court Judgment (CCJ) is a court order in the UK that can be registered against you if you fail to repay a debt. It is typically a result of unpaid loans, utility bills, or in this case, parking tickets. The implications of a CCJ on your credit record can be severe, impacting your ability to obtain credit, mortgages, or even mobile phone contracts. ## Understanding Parking Ticket CCJs A CCJ can be issued if a parking ticket goes unpaid for a significant period and the case is taken to court. If you weren’t aware of the parking ticket or the CCJ, it’s probably because of the following chain of events: ### 1. You changed address, but you didn’t update the DVLA straight away Whenever you move house, there’s always a lot to think about, including notifying organisations of your new address. The Road Vehicles (Registration and Licensing) Regulations 2002 impose a duty on you to notify the DVLA of any change to your address. If you don’t do so, you could be liable for a fine. It’s not enough simply to update the DVLA with your new address for the driving licence. You also need to [update your vehicle log book (V5C)](https://www.gov.uk/tell-dvla-changed-address). Although it’s unlikely that you’ll receive a fine for a genuine oversight, a potentially greater risk to you is that your contact details are out of date, which means [the notification is sent to a previous address](https://www.masonbullock.co.uk/ccj-wrong-address/). If you’ve received a CCJ for a parking fine, the chances are that it’s because you didn’t update your vehicle log book before the alleged parking violation happened. ### 2. You stayed too long in a restricted car park Many car parks, particularly at supermarkets and service stations, offer free parking for a limited time, typically around two hours, to allow for shopping. These car parks are often managed by external companies like Parking Eye or Civil Enforcement Limited. If you overstay, you will be charged a significant fee, monitored through Automatic Number Plate Recognition (ANPR), which records your entry and exit times. In 2015, [the Supreme Court ruled](https://www.bbc.co.uk/news/uk-england-essex-34721126) that as long as the signage is clear and the fees are reasonable, issuing parking charges this way is legal. This means that defending against a ticket is difficult unless you can prove the signage was unclear. ### 3. The parking management company obtained an address for the vehicle’s registered keeper from the DVLA If you overstayed in a car park, the parking management company probably accessed your vehicle’s registered owner information from the DVLA. Having found out that information, they sent the parking charge notice to the only address they had. If you hadn’t updated your address, the notice would have gone to your previous residence, leaving you unaware of the charge and unable to pay or contest it. ### 4. The parking management company issued a court claim against you, using your previous address The parking management company want their money. If a motorist doesn’t respond to a parking ticket, they take legal action. The address they provide to the court is the same address as they originally obtained from the DVLA. Even if you had updated your log book after the date of the original ticket, they probably didn’t enquire of the DVLA again. This means that the court papers were all sent to your previous home. As a result, you weren’t aware of the court action against you, and you couldn’t respond. In the absence of a response, the court issued a [default judgment](https://www.masonbullock.co.uk/what-is-a-default-judgment-and-why-have-i-received-one/). This is a type of CCJ and will remain on your record for 6 years if you don’t pay it within a month. After obtaining the CCJ, the parking management company usually does nothing further except wait for you to contact them. ## Steps to Remove a CCJ for a Parking Ticket There are [three ways to remove a CCJ from your credit file](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/). The way that’s most likely to apply in your case is an application to set aside judgment. ### Step 1: Obtain Details of the Judgment Find out the specifics of the CCJ from the court, including the case number, the amount owed, and the date of the judgment. ### Step 2: Contact the Issuing Company Communicate with the company that issued the parking ticket to negotiate a possible resolution. If the debt is paid and they’re satisfied that you didn’t receive the parking charge notice or the court papers, they will probably [consent to the CCJ being removed](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/). ### Step 3: Apply to Remove the CCJ If you were unaware of the proceedings (e.g., due to not receiving notices), you can use [form N244](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/) to apply to the court to [remove the CCJ](https://www.masonbullock.co.uk/remove-ccj/) by having it set aside. You will need to persuade the court that there is [a good reason to set aside the CCJ](https://www.masonbullock.co.uk/ccj-removal-reasons/), such as not receiving the claim form. ### Step 4: Monitor Your Credit Report Ensure the [CCJ is removed from your credit report](https://www.masonbullock.co.uk/my-ccj-has-been-set-aside-why-is-it-still-on-my-credit-record/). This process can take a few days after the court’s decision. ## Preventing Future CCJs from Parking Tickets ### Regularly Update Your Address Whenever you move house, update your address with the DVLA as a priority to avoid missing important notices. ### Pay Fines Promptly If you receive a parking charge before you move house, pay it promptly unless you intend to dispute it. If you do intend to dispute it, notify the parking company in writing of any change of address. ### Monitor Your Credit Report Check your credit report regularly to catch any new CCJs early. If you pay within 30 days, the CCJ will be automatically removed without having to go to court. ## FAQs about CCJs and Parking Tickets ### Q: Can I remove a CCJ myself? A: Only a court can remove a CCJ. However, if you feel confident, you can make the application yourself. You may need to gather information, apply to the court and contact the parking company. ### Q: How long does a CCJ stay on my credit record? A: A CCJ remains on your credit record for six years unless you pay it within a month or have it set aside. ### Q: What if I never received the parking ticket? A: The court will take into account whether you received the original parking ticket when they exercise their discretion. However, they will be more concerned about whether you received the claim form. You may be able to apply to have the judgment set aside if you can prove you never received the original parking ticket or the court claim. ### Q: Can I negotiate with the parking company? A: Yes, negotiating with the parking company to pay the debt and obtain a consent order can be an effective way to remove a CCJ. ### Q: Should I seek legal advice? A: Seeking professional legal advice is often helpful to ensure you take the correct steps and avoid common pitfalls. Many firms offer a free initial consultation. ## Conclusion Removing a CCJ from a parking ticket is vital for protecting your financial health. By understanding the reasons behind the CCJ and acting promptly, you can reverse the negative impact on your credit score. Whether you work with a legal professional or take a DIY approach, timely and informed action is crucial. Staying proactive about updating your information with the DVLA and responding to parking tickets can prevent future issues. Take control of your situation today and work towards removing the CCJ to restore your credit record. **Categories:** Set Aside Judgment --- ### [How to Set Aside a Default Judgment with the Claimant's Consent](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/) **Published:** May 9, 2014 **Author:** Andrew Crisp **Content:** [![Set Aside Default Judgment by Consent](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Default-Judgment-Consent-300x232.jpg "Default-Judgment-Consent | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Default-Judgment-Consent.jpg) If you’ve discovered a CCJ (County Court Judgment) on your credit file, it’s probably a default judgment. That means it was issued because the court didn’t receive a response to a claim against you. If the reason you didn’t respond is that you didn’t know about it, you’ll probably want to have the default judgment set aside as quickly as possible. In this article, you’ll learn how to improve your prospects of successfully removing the default judgment by obtaining the claimant’s consent. ## What is a default judgment? A default judgment is a type of CCJ issued when a defendant fails to respond to a claim. It can [greatly impact](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/)[ your credit score](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/) and may mean you can’t get a mortgage or rent a property. It’s different to other types of CCJ because it’s an administrative act of the court, rather than a decision made by a judge. That means you can apply to the court for an order setting aside the default judgment [if there are good grounds.](https://www.masonbullock.co.uk/ccj-removal-reasons/) Setting aside the default judgment means the CCJ is cancelled and removed from your credit history. You will then have a fresh opportunity to defend the claim if you want to. The [procedure for applying to remove a CCJ](https://www.masonbullock.co.uk/remove-ccj/) takes several months and can be stressful. There’s no guarantee that the court will set aside the default judgment, particularly if the claimant disputes your application. However, the process is usually quicker and more likely to succeed if the claimant agrees that the CCJ should be set aside. ## Can a default judgment be set aside if the claimant consents? Consent from the claimant is likely to result in the default judgment being set aside, but it’s not guaranteed. The court still has to be satisfied that there are legal grounds for setting aside the CCJ, such as: - The default judgment was entered in error (e.g., the claim form was sent to the wrong address). - You have a real prospect of successfully defending the claim. - There’s a good reason for your failure to respond (e.g., illness or being out of the country). In our experience, judges are generally happy to endorse an agreement between the parties to litigation. Occasionally, they ask for more information before deciding, but this is usually to ensure there are good reasons for removing the judgment. ## Why would a claimant consent to a default judgment being set aside? Usually, the claimant only wants their money as quickly as possible. They don’t want to ruin your credit record or stop you from obtaining a mortgage. They just want to be paid, preferably without having to take enforcement action. So, you may be able to strike a deal. You pay them the money, and they agree to have the judgment set aside. This approach is likely to be appropriate if you admit the amount claimed. If you’ve already paid the judgment amount, there is less incentive for the claimant to cooperate with you. However, the claimant will often consent anyway as a gesture of goodwill. ## What if you dispute the claim? If you believe you don’t owe the money claimed, you may not feel it’s fair to pay it just to clear your credit record. As a matter of principle, you may object to paying a sum you don’t owe. However, if it’s a small amount, such as a parking charge, [it may be better to pay the CCJ, even if you don’t admit it](https://www.masonbullock.co.uk/should-you-apply-to-set-aside-judgment-or-just-pay-it/). Consider whether withholding payment is worth the ongoing impact of having the CCJ on your credit file. In some cases, you may be able to persuade the claimant to agree to default judgment being set aside on the basis that their claim goes to trial, to be decided by a judge. This may work if it seems very likely that the judge will grant your application to set the judgment aside. The claimant may feel that it’s not worth incurring the legal costs involved in turning up at court and resisting it. ## How do you notify the court of the claimant’s agreement that the default judgment be set aside? Once you and the claimant have reached an agreement, you will need a consent order. This formal document sets out the agreed terms on which the dispute is settled. Usually, it states that: - the parties have reached an agreement - the default judgment is to be set aside - the original claim is withdrawn Often, the claimant will have lawyers who can draft the consent order. Once it is signed, you can send it to the court with the appropriate fee. The fee for applying to the court with the consent of the Claimant is currently £119, although you should check [the government website](https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50/civil-court-fees-ex50) for any changes to this amount. If you agree to a consent order after you start the application process, the consent fee will be payable in addition to the application fee. Unless both sides are legally represented, the consent order will need to be approved by a judge, who may still want to meet with the parties to make sure they properly understand the effect of the agreement. Once properly approved, the default judgment will be set aside. The court should immediately update the Registry Trust, which will update the [public register](https://www.trustonline.org.uk/) to remove the CCJ from your credit file. ## When is the best time to agree to the consent order? The sooner you can obtain the claimant’s consent, the better. If you can persuade the claimant to sign the consent order without having to start the application process, the process will be much quicker and cheaper. However, be careful not to wait too long. If the claimant doesn’t consent or simply ignores you, you will have to apply to the court for the default judgment to be set aside. One of the factors a court will consider is [whether you have made the application promptly](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/). Often, the claimant won’t consent to the judgment being set aside until you’ve issued a proper application. When the application arrives on their desk, it focuses their minds, and they decide to settle the matter quickly rather than deal with the court. ## What if consent can’t be obtained? Sometimes, the claimant simply ignores the application completely. They don’t consent but they don’t object either. Unfortunately, this means that you will probably need to attend a court hearing, even if it’s likely to be over very quickly. ## Conclusion Setting aside a county court default judgment can be an uncertain process. Consent from the claimant can simplify the process, but ultimately, the court’s discretion will determine the outcome. By acting promptly, you stand a better chance of obtaining the Claimant’s consent and getting the CCJ removed once and for all. **Categories:** Set Aside Judgment --- ### [N244 Form | Apply to Set Aside a CCJ | Step-by-Step Guide](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/) **Published:** June 20, 2022 **Author:** Andrew Crisp **Content:** ![N244 Application to set aside a CCJ](https://www.masonbullock.co.uk/wp-content/uploads/2022/06/Complete-N244-300x200.png "Complete N244 | Mason Bullock Solicitors") If you need to set aside a County Court Judgment (CCJ) against you, the N244 application form is essential. This comprehensive guide will walk you through the steps to complete the N244 form correctly, increasing your chances of a successful outcome. From downloading the form to providing the necessary evidence and signing the statement of truth, we’ll cover everything you need to know. Follow our expert tips to maximize your prospects of success. ## Downloading the N244 Form To begin the process, you need to download the N244 application form. This form is available in PDF format from the official government website. You can download it [here](https://www.gov.uk/government/publications/form-n244-application-notice). - **Link to the government website**: Ensure you have a stable internet connection to access the government website and download the form. - **Instructions for downloading**: Click on the link provided, navigate to the download section, and save the PDF to your computer. Make sure you have a PDF reader installed to view and fill out the form. Once you have downloaded the form, you can begin [the process of applying to have the CCJ removed.](https://www.masonbullock.co.uk/remove-ccj/) ## How to complete the N244 application notice There are various sections of the form you will need to complete. ### Case Details Section When completing the N244 application form, you’ll need to fill out various sections with your case details. Below are the specific fields and instructions for completing them accurately. #### Name of the Court This is the court that currently has the case file. Usually, it will be the [Civil National Business Centre](https://www.find-court-tribunal.service.gov.uk/courts/civil-national-business-centre-cnbc), but your case may have been transferred to a local hearing centre. Ensure you enter the correct court name to avoid any delays. #### Claim Number You can find the claim number on all court documents and your credit report. Enter this number exactly as it appears on your documents. #### Fee Account Number Ignore this section unless you are a legal professional with a direct debit arrangement with the court. #### Help with Fees If you’re applying for help with paying the court fee, enter the help with fees reference number in this section. This reference number is necessary to qualify for fee assistance. #### Warrant Number This section applies if the claimant has obtained a warrant of control, authorising bailiffs to take control of your possessions. If you received an enforcement notice with a warrant number, enter it here. Otherwise, leave this box blank. #### Claimant’s Name Enter the name of the person or company who obtained the judgment against you. Use the claimant’s name and not their legal representative’s name. If the claimant used a law firm, you might find a reference number in brackets, which you can include. #### Defendant’s Name Enter your full name in this section. #### Date This is the date you make your application. Enter the date in the format DD/MM/YYYY. After completing these case details at the top of the form, you can proceed to the main body of the application. ## Application Details Section The main body of the N244 application consists of several questions. While many of these can be answered briefly with a single word or an ‘X’ in a box, some require more detailed responses. Below is a step-by-step guide to completing each question in this section. #### Question 1 – Full Name Enter your full name exactly as it appears on official documents. #### Question 2 – Defendant Box Put an ‘X’ in the box for the defendant, as you are the person against whom the judgment was made. #### Question 3 – Grounds for Setting Aside Judgment The N244 application is used for various types of applications. Here, you need to explain that you’re applying to set aside a judgment. You should also explain [the grounds on which the court should set aside the CCJ and provide your reasons](https://www.masonbullock.co.uk/ccj-removal-reasons/). Below is a suggested paragraph that covers each ground for setting aside a CCJ. Tailor it to your circumstances and remove any parts that don’t apply: *“That the default judgment dated \[dd/mm/yyyy\] be set aside. That any enforcement action be stayed pending the outcome of this application. The claim form was not properly served on me, and so the judgment must be set aside. Alternatively, I have a real prospect of successfully defending the claim and/or the evidence I have provided constitutes a good reason why the judgment should be set aside.”* #### Question 4 – Court Orders Put an ‘X’ in the ‘No’ box. The judge will not expect you to draft court orders as a layperson. #### Question 5 – Type of Hearing You can ask the court to deal with your application at a hearing in person, a telephone hearing, or without a hearing. While asking the court to deal with your application without a hearing may be quicker, it is generally better to request a hearing (in person or via telephone) so you have the opportunity to explain your case directly to the judge. #### Question 6 – Time Estimate A simple application to set aside judgment typically takes between 40 minutes and an hour. It is recommended to estimate 1 hour. If the claimant has been uncooperative, they are unlikely to agree on a time estimate. Put an ‘X’ in the ‘No’ box indicating there is no agreement on the time estimate with the claimant. #### Question 7 – Fixed Trial Date This does not apply to an application to set aside a CCJ. Write ‘N/A’ (not applicable). #### Question 8 – Level of Judge An application for review requires a District Judge. Unless you know otherwise, put ‘District’. #### Question 9 – Serving the Application - **Question 9**: The court will serve your application on the claimant by posting it to them. The answer to this question is ‘Claimant’. If there is more than one claimant or another defendant, specify that here. - **Question 9a**: This is not usually relevant to an application to set aside a CCJ. Write ‘N/A’. After completing the application details, you will proceed to provide the necessary evidence supporting your application. ## Providing Evidence When applying to set aside a judgment, providing strong evidence is crucial to support your case. The N244 application allows you to outline the evidence you will rely on in support of your application. Below are the steps to complete this section. **Question 10** deals with the evidence you will be relying on to support your application. You have two main options here: - **Complete the witness statement at this stage** and send it with the application. - **Provide evidence in the box provided** on the form and submit a detailed witness statement later. Both approaches have their advantages, but given the need to act promptly, it is often better to provide brief evidence in the box and follow up with a more detailed witness statement later. Drafting a persuasive witness statement supported by relevant evidence can take time, so delaying your application to prepare the statement may not be justifiable. To learn more about how to persuade the court to find in your favour, read our [in-depth article explaining what evidence you need to remove a CCJ](https://www.masonbullock.co.uk/ccj-removal-evidence/). ## Signing the Statement of Truth You must verify the facts stated in section 10 with a statement of truth. This has the same significance as swearing an oath in court. Ensure that all information provided is 100% truthful, as making false statements could result in prosecution for contempt of court and potentially imprisonment. - **Electronic Signature**: If you have the software to sign electronically, you can do this. An electronic signature is just as valid as an ink signature. If you don’t have the means to sign electronically, print the form and sign it manually. - **Applicant Signature**: Put an ‘X’ in the first box to affirm that you believe the facts stated are true. The second box applies only if you have a legal representative, such as a solicitor. Enter your full name and the date of signing. After signing the statement of truth, you can move on to the final details section of the application form. ## Final Details The final section of the N244 application form includes a few administrative details to complete before you submit the form. Here’s how to fill out this section correctly: ### Legal Representative’s Firm If you are acting on your own behalf and do not have a legal representative, you can ignore this section. If you have a solicitor or legal representative, they should enter the name of their firm. ### Applicant’s Position If you are signing on behalf of a company, enter your position within the company, such as “Managing Director” or “Company Secretary.” If you are acting as an individual, you can leave this box blank or write “N/A.” ### Contact Details Enter your contact details, including your phone number and email address. This information is crucial for any correspondence related to your application. ### Submission and Preparation After completing the form, the next steps involve submitting your application and preparing for the hearing. ## Where to send the N244 Application You must send the application notice to the court currently dealing with the case. That will often be the same court that issued the CCJ, usually the [Civil National Business Centre](https://www.find-court-tribunal.service.gov.uk/courts/civil-national-business-centre-cnbc). However, if the claimant has applied to enforce the judgment, the case file may have been transferred to your local hearing centre or the High Court. If you’re unsure, send the application to the court that issued the CCJ. It’s usually best to send the application as a PDF attached to an email. This has become the most common way to communicate with the court service. You must serve the application notice on the claimant. This means you must take certain steps to bring it to their attention. If a law firm is representing the claimant, you must send the application to that law firm. If the claimant or their legal representative has said they will accept service by email, you can do that. But if they haven’t, you will need to send a printed copy by post. If you don’t serve the application properly, there’s a risk that a strict judge may refuse to accept it. ## What happens next? The Civil National Business Centre will transfer the case file to a hearing centre, usually your local hearing centre. The Civil National Business Centre does not have the facilities to conduct hearings. You will receive a letter notifying you of which hearing centre will deal with your application. You will subsequently receive notice of a hearing date from that hearing centre. To learn more about the next steps, read our [step-by-step guide to getting a CCJ set aside](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/). ## FAQs: N244 Application to Set Aside a CCJ ### What is an N244 Application? An N244 Application is a formal court application used for various purposes, including setting aside a CCJ. This form is essential if you aim to remove the CCJ from your credit file. ### How much does a N244 Form cost? The court fee to submit an N244 application to set aside a CCJ is £313. However, if the claimant consents to the removal of the CCJ, the fee reduces to £123. The N244 form is available for free on the government website. For more information, read our [detailed guide to CCJ removal costs](https://www.masonbullock.co.uk/court-fee-apply-to-set-aside-ccj/). ### Where do I send the N244 Form? The N244 form should be sent to the court handling the case, which is usually the Civil National Business Centre. In some cases, the claim might have been transferred to a different court. The form can be sent either by email or by post. ### What happens after I submit the N244 Form? Once the N244 Application is submitted, the Civil National Business Centre will transfer the case file to a local hearing centre. If [the claimant consents to the removal of the CCJ](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/), you typically won’t need to attend a hearing. Instead, you will receive a response from the court indicating whether they have approved the consent order. **Categories:** Set Aside Judgment **Tags:** CCJ --- ### [The Top 3 Questions Employment Solicitors Get Asked](https://www.masonbullock.co.uk/questions-employment-solicitors-get-asked/) **Published:** May 20, 2014 **Author:** Andrew Crisp **Content:** [![Questions to Employment Solicitors](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Employment-Solicitors-Questions-300x300.jpg "FAQ CCJ Removal | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Employment-Solicitors-Questions.jpg)As a solicitor specialising in employment law, I get asked a lot of questions both from employers and employees. That’s part of why I enjoy my job – I like solving people’s problems! But there are some questions that employment solicitors get asked more than any other (or at least I do!), so I thought it would be worth writing a blog about three of the most popular. ## 1. Can I sack someone who’s off sick? Like a lot of questions, the answer to this one is very straightforward – it depends! Incapacity to carry out the job due to an illness is a potentially fair reason for dismissing someone. However, there are a few traps for the unwary. Make sure you check the contract and the staff handbook. What do these say about sickness absence? Have you obtained up to date medical information, such as a report from an occupational health specialist? Don’t forget the[ ACAS Code of Practice ](https://www.masonbullock.co.uk/crucial/)– it applies to sickness dismissals. For more information, check out [this blog post about the procedure for dismissing someone who’s off sick](https://www.masonbullock.co.uk/sickness-dismissal/). ## 2. I’m being bullied at work – what should I do? There’s no law against your employer bullying you. What?!?!? That doesn’t sound right! Well, I’m afraid it is. But that doesn’t mean your employer can get away with it. The bullying may amount to a breach of your employer’s duty of trust and confidence towards you. If it’s sufficiently serious, you may be able to resign and bring a claim against your employer. However, the claim would be for constructive dismissal and the lost earnings resulting from that (provided you’ve been employed at least 2 years). There wouldn’t usually be a claim resulting from the bullying alone. Sometimes, the bullying may be sufficiently serious that it leads to the employee having a breakdown. That, in turn, may lead to a claim for personal injuries in respect of the psychiatric harm. However, this isn’t easy to prove. Among other things, you would need to prove: - a recognised psychiatric condition, such as a nervous breakdown or PTSD - the condition was caused by your employer and not some other factor - your employer knew that their actions were causing psychiatric harm - they failed to do anything about it. If the bullying is on the grounds of a[ protected characteristic](https://www.masonbullock.co.uk/what-is-a-protected-characteristic/), this would amount to harassment. You may be able to claim compensation for injury to feelings. Often the best thing you can do if you feel you’re being bullied at work is to raise a written grievance. This may help to resolve it but if it doesn’t it will certainly help in any future claim you may have. ## 3. Can I stop ex-employees from going to work for a competitor? Many employers are concerned that their staff may leave and then take their hard earned customers to a competitor. Is there any way of preventing this? A well drafted employment contract will contain restrictions on what employees can and can’t do when they leave. This can include: - restricting them from working for a competitor - preventing the ex-employee from poaching customers, suppliers or staff - guarding confidential information These types of restrictions *are* enforceable as long as they are no more restrictive than necessary. The law balances the needs of the employer to protect their business with the right of the employee to pursue their career. You may want to read this [blog post for more details about when restrictive covenants may be enforceable](https://www.masonbullock.co.uk/restrictive-covenants-employment-solicitors/). ## Do you have any questions for an employment solicitor? Complete the form below and one of our employment solicitors will endeavour to give you an answer as soon as we can. **Categories:** Uncategorized --- ### [Firing Someone in Hospital?! That's Dreadful Isn't it?!?!](https://www.masonbullock.co.uk/hospital/) **Published:** March 18, 2014 **Author:** Andrew Crisp **Content:** ![Dismissing Someone in Hospital](https://masonbullock.co.uk/wp-content/uploads/2014/03/Hospital-300x200.jpg "Dismissing Someone in Hospital | Mason Bullock Solicitors") Nobody wants to add to the distress of someone who’s undergoing treatment in hospital. But what should you do if you really can’t manage any longer without that employee returning to work? Can it possibly be fair to dismiss someone who’s in hospital? Surely the law is there to protect the vulnerable, isn’t it? Employment law strikes a balance between the right of the employee to be dealt with fairly and the needs of the employer to sustain its business. In some circumstances, it’s potentially fair and legal to terminate someone’s employment, even if they’re sick in hospital. But you do need to tread carefully. **Obtain medical evidence.** If your employee is in hospital, it’s fairly obvious that they’re genuinely ill. However, this doesn’t tell you the full story. A medical report from an occupational health specialist will be able to advise you on questions such as: - How long is the employee likely to remain in hospital? - Will they be fit to return to work when they come out? - Does the employee have a disability? These are all factors that you should keep in mind before deciding whether it would be appropriate to bring their employment to an end. Remember – if the employee does have a disability, the Equality Act requires you to consider reasonable adjustments to the workplace in order to help them return to work. **Follow a fair procedure** Before you reach any conclusions, you should follow the procedure set out in the [ACAS Code of Practice on Disciplinary and Grievance Procedures](https://www.masonbullock.co.uk/crucial/). It may seem harsh to describe the circumstances as a disciplinary situation but nevertheless that is the procedure you are required to follow. In some circumstances, it is fair to continue with the procedure even if the employee is unable to attend the hearing. However, proceed very cautiously. An employee’s right to state their case at a disciplinary hearing is considered one of the most important aspects of employment law. An employer will always be judged on whether they’ve acted reasonably. If it’s likely that the employee is going to be discharged from hospital soon, it’s less likely to be reasonable to proceed in their absence. A reasonable employer would be expected to wait a little longer. It’s probably reasonable to invite the employee to make written representations if they’re well enough to do so. If there is really no prospect of the employee being well enough to attend or provide written representations, you should proceed in their absence but make sure that you have all reasonable evidence available in the circumstances. Keep a clear record of any discussions and the reasons for any decisions. **Making a Decision** As an employer, you are required to act reasonably. Whether or not it is fair and reasonable to dismiss someone in hospital will depend on factors such as - how long the employee is likely to remain off work - how difficult it is for you to arrange cover in the meantime - whether or not you can reasonably be expected to cope until the employee returns. Larger employers with greater resources are expected to be able to cope for longer. **Communicating the dismissal** A dismissal does not actually take effect until the employee is notified of it. If you write to the employee in hospital, the dismissal will only take effect when the employee reads the letter. If they’re not well enough to read it, they will technically continue to be employed. This may mean that you are required to continue paying them sick pay if they are still entitled to it. **And finally** Nobody feels comfortable sacking an employee who is in hospital. As a fair and reasonable employer, you will want to tread carefully and not cause unnecessary offence. If you do decide that you need to bring the employee’s employment to an end, following the advice in this blog will help to ensure you don’t end up in an employment tribunal. **Categories:** Uncategorized --- ### [How Should Your Employer Choose a Redundancy Selection Pool?](https://www.masonbullock.co.uk/redundancy-selection-pool/) **Published:** July 6, 2020 **Author:** Andrew Crisp **Content:** ![Redundancy Selection Pool](https://www.masonbullock.co.uk/wp-content/uploads/2020/07/Redundancy_Selection_Pool.jpg "Redundancy_Selection_Pool | Mason Bullock Solicitors")As part of a [fair redundancy procedure](https://www.masonbullock.co.uk/redundancy-procedure/), your employer needs to decide which employees should be considered for [redundancy](https://www.masonbullock.co.uk/what-is-redundancy/). There needs to be a clearly defined group of employees from whom those to be made redundant will be selected. This is what lawyers call a *selection pool*. Sometimes, the pool will be obvious. For example: - if an entire workforce or an entire building is closing down, the pool might be that workforce or the people who work in that building - in a small company, if there are two secretaries and one is to be made redundant, the pool might consist of those two secretaries. However, it gets more complicated when the employees are being made redundant from roles that cross over departments, projects or locations. Your employer will need to show that it has acted reasonably in deciding who is included in the pool. ## The pool of one? When there is a very specific role disappearing and there is only one employee who does that role, then the selection pool may only consist of one person. The same principle may apply in any case where the number of roles disappearing is the same as the total number of people doing that role. The advantage of a pool of one is that it removes the need for a selection process. However, employers must take care to avoid the accusation that they have created the redundancy situation as a device in order to engineer the dismissal of a particular employee. If you feel that your employer has engineered your dismissal in that way, you may be able to claim unfair dismissal. ## Narrow or wider pool? You may be able to argue that your employer is acting unfairly if you can point to other staff who you think should have been included in the selection pool. ## How your employer *should* choose a selection pool Your employer should take two steps when considering the selection pool. **Firstly**, they should look at the *area of the business* that’s changing. That may be the geographical area (eg the warehouse in Coventry) or the job function (eg people working on the vehicle production line). **Secondly**, they need to consider whether to *widen the pool* beyond the people identified in the first step. For example, it may need to be widened to include other employees who do similar work and/or have interchangeable skills. ## Consultation over the pool As part of the consultation exercise, your employer should consult with employees about which categories of staff to to include in the selection pool. Your employer has to listen to what employees say, although they don’t have to agree. ## What happens if your employer doesn’t follow these steps? If your employer doesn’t follow the correct steps when identifying a selection pool, you may be able to claim compensation for unfair dismissal. However, it’s usually better to [negotiate a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) if you can. There are a number of reasons [why a settlement agreement may be preferable to an employment tribunal claim](https://www.masonbullock.co.uk/settlement-agreement-beats-employment-tribunal-claim/). Sometimes your employer may offer you settlement agreement before going through the redundancy procedure. This could potentially benefit both you and your employer. If you accept it, you will probably get more money than if you were made redundant. In exchange, your employer avoids the challenges of having to identify a selection pool. You will need to weigh up the pros and cons before deciding [whether to accept a settlement agreement instead of going through a redundancy procedure](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/). ## Would You Like a Free Consultation About Your Settlement Agreement? If you’ve received an offer of a settlement as an alternative to redundancy, you’ll need to make sure you receive legal advice on it. We advise clients throughout the UK. Call us now for a free consultation. ### From a landline: 0800 531 6050 ### From a mobile: 0330 333 6050 Alternatively, complete the form below and we’ll contact you. ## Contact Us for a Free Consultation If you would like a free consultation about your settlement agreement, complete the form below and we’ll give you a call. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Redundancy --- ### [11 Things About Holiday Entitlement You May Not Have Known](https://www.masonbullock.co.uk/11-things-about-holiday-entitlement-you-may-not-have-known/) **Published:** April 23, 2014 **Author:** Andrew Crisp **Content:** ![Holiday Entitlement](https://www.masonbullock.co.uk/wp-content/uploads/2014/04/Holiday-Entitlement-300x200.jpg "Holiday-Entitlement | Mason Bullock Solicitors") How much do you know about your holiday entitlement as an employee? Here are a few things you need to be aware of . . . ## 1. How to calculate holiday entitlement The right to a minimum amount of annual leave became law in 1998. At the time, the minimum entitlement was only 3 weeks! That has risen gradually over the years and, currently, employees are entitled to 5.6 weeks’ holiday each year. There are no plans to increase that further. So, the number of actual days an employee can take off will depend on how many days they work each week. For example, someone who does a 5 day week will be entitled to 28 days holiday (5.6 x 5), while someone who works only 3 days will be entitled to only 16.8 days (5.6 x 3). Individual employment contracts may provide for more holiday but can’t provide for less. ## 2. The minimum entitlement includes bank holidays Unless the employment contract states otherwise, the minimum holiday entitlement will include bank holidays. The usual bank holidays in England and Wales are: - Easter Monday. - First Monday in May. - Last Monday in May. - Last Monday in August. - Christmas Day. - Boxing Day. - New Year’s Day. - Good Friday. So, that’s 8 altogether, although sometimes an additional day will be designated a bank holiday (such as the Royal Wedding). ## 3. Employees can be required to work on bank holidays There is a common misconception that employees have the right to take bank holidays off. In fact, employers can require staff to work on bank holidays if they want to. Of course, an employee can ask to book the day off if they wish, just like they can for any other day. ## 4. No minimum period of continuous service **is required to qualify for holiday entitlement** When the minimum holiday entitlement was first introduced, employees had to be employed for at least 13 weeks to qualify. However, this has now changed. New workers will begin accruing holiday entitlement from their very first day at work. ## 5. There are special rules for the first year of employment Where, as is usual, someone begins their employment part way through the holiday year, leave entitlement for the remainder of the leave year will be calculated on a pro-rata basis. So, if the holiday year runs from January to December and someone starts in July, they will only get half of the annual holiday entitlement for the remainder of the year. ## 6. Employees must give sufficient notice of their intention to take holiday The law requires employees to give at least twice as many days’ notice as the length of the holiday they intend to take. So, if they want to take 5 days’ holiday, they must let their employer know at least 10 days’ beforehand. ## 7. Employers can refuse to allow their staff to take holiday on the requested dates An employer may refuse a worker’s holiday request by serving a counter-notice. This must be given at least as many calendar days before the proposed leave is due to commence as the number of days which the employer is refusing. So, in the example above, the employer must give at least 5 days’ notice that the holiday request is refused. ## 8. Employers can insist that their staff take time off at certain times An employer may give notice ordering a worker to take statutory holiday on specified dates. Such notice must be at least twice the length of the period of leave that the worker is being ordered to take. So, for example, if the business is to shut down for two weeks over Christmas, the employer must give at least four weeks’ notice. ## 9. Staff can carry forward some, but not all, of their holiday entitlement to the next holiday year If, at the end of a holiday year, an employee has not taken all of their holiday, they can carry forward up to 1.6 weeks into the following year, if both the employer and employee agree to this. However, employers can’t insist that they carry it forward if they want to take it. ## 10. When the employment ends, the employee must be paid for any untaken holiday If, at the end of someone’s employment, they haven’t taken all of their holiday, they should be paid for it instead. However, they’re only entitled to be paid for holiday that has accrued – not the full year’s holiday entitlement. Holiday accrues on a pro-rata basis. For example, if a holiday year runs from January to December and the employee leaves on the 30th September. They will have accrued 9/12 of their annual holiday entitlement. If you are [negotiating a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) with your employer, you should ensure that they remember to include a payment for accrued but untaken holiday. This sometimes gets forgotten in the initial draft and if it’s not included in the final version, you’ll lose your right to claim it at a later date. ## 11. If the employee has taken more than their holiday entitlement, the excess may be repayable An employer has the right to recover a payment from a worker where the worker has taken more holiday than has accrued up to the date of termination of employment *but only if this is set out expressly in writing*. Without a written agreement, the employer will not be able to recoup the overpayment. **Categories:** Settlement Agreements --- ### [11 Ways Your Your Employer Could Avoid Redundancies](https://www.masonbullock.co.uk/avoid-redundancies/) **Published:** June 26, 2020 **Author:** Andrew Crisp **Content:** ![Avoid Redundancies](https://www.masonbullock.co.uk/wp-content/uploads/2020/06/Avoid_Redundancies.jpg "Avoid_Redundancies | Mason Bullock Solicitors") Your employer should take all the steps it reasonably can to avoid the need for redundancies. Avoiding redundancies helps everyone. For example, - On a human level, there’s less hardship for staff who would otherwise be made redundant - On a commercial level, your employer can avoid the cost of redundancies and the loss of experienced staff. This is especially important if the employer subsequently needs to recruit again in six months’ time. - From a legal point of view, there is less likely to be a dispute if your employer gave proper consideration to how redundancies could be avoided So what are the alternatives for your employer? Here are some other options your employer should consider for avoiding redundancies ## 1. Recruitment freeze and withdrawing job offers Your employer could decide not to recruit anyone new. As existing employees leave, there is natural attrition. In other words the size of the workforce decreases without your employer having to make anyone redundant. That saves on recruitment costs and it also means that existing employees can be re-trained to carry out work they may not already be doing. If your employer has made job offers prior to the redundancy situation, those job offers can be withdrawn, provided the offer hasn’t been accepted. If the offer has been accepted already, the employer can still terminate the employment with the minimum notice. ## 2. Lay off and short time Lay off means that the employer stops providing their employees with work for a while and doesn’t pay them. Short time means that the employer can reduce employees’ hours to less than 50% and reduce their pay accordingly. An employer can only lay you off or reduce your hours if your employment contract allows them to do so. A typical clause would read something like this: > If we do not have enough work for you, we are entitled to place you on short time (which means we can reduce your hours and reduce your salary pro rata) or lay you off (which means we will not provide you with any work, and you are not entitled to any pay except for statutory guarantee payments). It is a good way for your employer to reduce the wage bill on a temporary basis but the law doesn’t allow your employer to use it as a long-term solution. ## 3. Reducing Working Hours An employer can reduce working hours, for example by: - moving to a 4 day week - introducing job sharing - eliminating voluntary overtime This can only be done if the employees agree. Often employees will agree if it means that they avoid being made redundant. Usually, the employer will retain the right to revert to normal hours when business picks up. Again, most employees will agree to this because it may avoid redundancies. ## 4. Salary deferrals An alternative to asking employees to forego their pay, they could be asked to defer their pay. For example, the employees could agree to defer payment of 50% of their salary for six months. After six months, that outstanding salary could then be paid in instalments. This helps the employer’s cash flow and may mean that redundancies can be avoided. ## 5. Sabbaticals An employer could offer staff the possibility of an unpaid sabbatical. This means that they have a break from work, although their employment contract would continue. This will be open for discussion and needs agreement from the employee. The employer could ask for volunteers who would be willing to agree a sabbatical. ## 6. Deferring Graduate Job Offers If your employer takes graduate trainees, they may want to consider delaying the start date for a year. This gives the business opportunity to improve and may mean that they can avoid redundancies. ## 7. Retraining Your employer should consider whether it can retrain staff in a department where redundancies are needed in order to fill vacancies in another department. ## 8. Lay off casual workers and agency staff Laying off casual workers and agency staff is often an effective and much cheaper alternative to redundancy. This is because they don’t have the same employment rights as employees, such as the right to a redundancy payment or, in some circumstances, the right to minimum notice. ## 9. Offer home working in exchange for a reduction in salary Many employees discovered the benefits of homeworking during the Coronavirus crisis. These include: - spending less time travelling - saving money on commuting - flexibility with childcare Your employer may want to consider letting you or other staff work from home in exchange for a reduction in pay. When you take into account the cost savings of working from home, the reduction in pay may not make much difference to you financially anyway. ## 10. Early Retirement The company could offer early retirement under a pension scheme for those who volunteer for redundancies. It’s important to ensure that retirement is indeed voluntary – otherwise your employer could be guilty of age discrimination. ## 11. Voluntary Redundancies Although **voluntary redundancies** are not a way of avoiding redundancies altogether, they do avoid the need for *compulsory* redundancies. If there are sufficient volunteers, your employer can avoid the [redundancy selection procedure](https://www.masonbullock.co.uk/redundancy-procedure/), which can be time-consuming and distressing, both for the company and its staff. Many employers offer enhanced redundancy packages by way of a settlement agreement. If this applies to you, you’ll need to consider whether to [accept the settlement agreement or go through the redundancy procedure](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/) instead. ## Have you been offered a settlement agreement? If you’ve received an offer of a settlement as an alternative to redundancy, you’ll need to make sure you receive legal advice on it. We advise clients throughout the UK. Call us now for a free consultation. ### From a landline: 0800 531 6050 ### From a mobile: 0330 333 6050 Alternatively, complete the form below and we’ll contact you. ## Contact Us for a Free Consultation If you would like a free consultation about your settlement agreement, complete the form below and we’ll give you a call. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Redundancy, Settlement Agreements --- ### [How to Choose an Employment Solicitor in Northampton](https://www.masonbullock.co.uk/employment-solicitor-northampton/) **Published:** May 28, 2014 **Author:** Andrew Crisp **Content:** [![Choosing an Employment Solicitor in Northampton](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Employment-Solicitors-Northampton-300x193.jpg "Employment-Solicitors-Northampton | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Employment-Solicitors-Northampton.jpg)So, you’re based in Northampton and you need some employment law advice? How do you choose the right solicitor to give you the help you need? Here are a few tips to make sure you make the right decision. ## 1. Ask for a Recommendation It’s always reassuring when a friend or business colleague recommends someone they’ve used. A [recent study](http://www.forbes.com/sites/kellerfaygroup/2012/07/25/recommendations-are-what-drives-your-business-remember-to-ask-for-them/) found that recommendations influenced purchasing decisions more than any other factor, including expensive advertising campaigns. Although some of these recommendations were from social media sites, such as Facebook or LinkedIn, the majority came from good old fashioned face to face conversations! So, why not ask a friend or a business contact who they use for their employment law advice? ## 2. Google it! Have you noticed how small Yellow Pages is these days? That’s because people rarely use it. Most people who are looking for legal services will turn first to the internet. A law firm’s website will give details of the services they offer and may even provide e-books for you to download. Be specific in your search query – what do you specifically need advice about? Rather than simply searching for solicitors in Northampton, why not narrow your search down, eg: - unfair dismissal solicitors in Northampton - employment law advice on a settlement agreement in Northampton Google also likes questions these days, so why not ask something like - Can I dismiss someone for being off sick? Northampton employment solicitor Being specific means you can be sure you’ll find someone with the specific expertise you need. If there’s an employment law blog, do a search to see if you can find some answers to your questions. Have a look at the testimonials or reviews on Google Plus or Yelp. What are people saying about them online? ## 3. Do you really need an employment solicitor in Northampton? Many law firms are able to provide their services to clients all around the UK. Due to opportunities presented by the internet, it’s no longer necessary to meet your solicitor face to face, which means that you may want to consider solicitors in other parts of the country, particularly if they specialise in a very specific type of law. For example, at Mason Bullock Solicitors we have a particular niche in the area of [settlement agreements](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/), so we attract clients from all around the UK and even from other countries, including Russia, America and Australia (provided that their employment contracts are governed by English law – we don’t claim to be experts in these other jurisdictions!) What service do you need? Could you consider solicitors further afield than your own locality. The world’s not that small anymore. ## 4. Gut instinct People do business with people they like. Phone round a few employment solicitors. Perhaps meet up to discuss your situation. You’ll soon get a feel for whether you like them or not. This is of course very subjective but you want to to make sure that your employment solicitor is someone you can work with. ## Why not get in touch with us? Have a free consultation with an employment solicitor If you need some employment advice, get in touch with one of our solicitors and we’ll be glad to help. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** aa No_YARPP, Settlement Agreements --- ### [Should You Agree a Settlement Agreement with Your Employer?](https://www.masonbullock.co.uk/compromise/) **Published:** June 3, 2014 **Author:** Andrew Crisp **Content:** ![Why Settlement Agreements are Essential](https://masonbullock.co.uk/wp-content/uploads/2013/05/Compromise-Agreement.jpg "| Mason Bullock Solicitors") “Compromise is not a dirty word!” At least that’s what Barack Obama said when he was campaigning for re-election. But what about the employment relationship? When is it appropriate to compromise? If you have a dispute with your employer, should you compromise and agree a settlement agreement? Here are a few things to consider ## What is a settlement agreement? A settlement agreement is a legally binding agreement between an employer and an employee under which the employee agrees to give up any potential claims, usually in exchange for some financial compensation. Sometimes the agreement will include other things of benefit to the employee, such as an agreed reference letter. ## In what circumstances will a settlement agreement be appropriate? In many cases, an employer may want to make a payment to an employee in return for an effective waiver of their potential claims. Businesses can enter into an agreement with an employee to settle potential claims when they are still working for the business, but in most situations, their employment will have ended (or be about to end). Often employers use settlement agreements in redundancy situations. It’s a neat way to bring someone’s employment to an end without having to follow a full redundancy procedure. ## What are the legal requirements for a valid settlement agreement? For a settlement agreement to be legally binding, there are a number of conditions that must be met. One of the key requirements is for the employee to receive independent legal advice, even if they don’t want it. The law protects the employee from signing away their rights to bring a claim without first getting advice from someone with suitable qualifications, like a solicitor. And so it’s as much in your employer’s interests as it is in your interests for you to get legal advice. Without it, the agreement is not legally binding. That’s why the employer usually pays the costs of the employee for obtaining that advice. ## A few things to include The contents of a settlement agreement are often open to negotiation. Examples of common clauses include: • Compensation for loss of employment • Contribution to legal fees • Waiver of claims by the employee • Re-assertion or modification of existing restrictive covenants. ## Confidential information Protecting confidential information is usually crucial to a business and therefore settlement agreements often contain confidentiality provisions. For example, your employer may required to: • Not to use any confidential information. • Not to disclose any confidential information to any person, company or other organisation. • To keep the terms and existence of the agreement confidential. • To not make any derogatory comments about the employer (or any individuals employed by it) to a third party. ## Which types of claim can be settled by a settlement agreement? Almost any type of claim can be settled with a settlement agreement, including: • Unfair dismissal. • Pregnancy or maternity-related discrimination. • Discrimination, victimisation or harassment related to sexual orientation. Some claims, such as prospective personal injury claims, can’t usually be settled with a settlement agreement. ## Contact Us For Advice on Your Settlement Agreement If you have received a settlement agreement, you will need to make sure you receive legal advice on it. We advise clients throughout the UK. Call us now for a free consultation. We provide clear and prompt advice on all aspects of your settlement agreement. ### From a landline: 0800 531 6050 From a mobile: 0330 333 6050 Alternatively, complete the form below and we’ll contact you. ## Contact Us for a Free Consultation If you would like a free consultation about your settlement agreement, complete the form below and we’ll give you a call. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** aa No_YARPP, Settlement Agreements --- ### [What is the Maximum Number of Working Hours per Week?](https://www.masonbullock.co.uk/maximum/) **Published:** August 28, 2013 **Author:** Andrew Crisp **Content:** ![Moritz Erhardt - Maximum Hours Working](https://masonbullock.co.uk/wp-content/uploads/2013/08/MoritzErhardt.jpg "| Mason Bullock Solicitors") You may have read in the news about Moritz Erhardt, the Bank of America intern who died suddenly at the age of 21 after working 15 hours a day, sometimes until 6 am. This level of commitment is not unusual for bankers in the City. [A former intern wrote in the Independent Newspaper](https://www.independent.co.uk/news/uk/home-news/my-socalled-life-asan-internat-merrill-lynch-8782735.html) about her own experience: *We bought into the idea that fulfilment would come from “succeeding” in this crazy game. For seven weeks, our world shrank to one square mile and during that time, nothing else mattered. We forgot about family, friends, pets, birthdays… We could tell you the value of the FTSE but we couldn’t say how our grandmothers were doing. Hundred-hour weeks were standard. . . . Some didn’t even bother to go home when they worked through the night; they just showered in the in-house gym, bought a toothbrush from the in-house shop, grabbed an espresso from the in-house Starbucks, and they were good to go for another day.* It is unclear whether or not fatigue contributed to his death. The coroner Mary Hassell said fatigue could have been a trigger, but there was no proof of this and it was possible that the seizure was something that just happened. Nevertheless, this tragic story of a young banking hopeful is a reminder of why the government introduced the Working Time Regulations in 1998. Their intention is to protect the health and safety of employees by ensuring that their hours of work are not excessive. I have set out below a summary of employers’ obligations. ## **Maximum number of hours** An employee’s average working time (including overtime) must not be more than 48 hours per week. As an employer, you must take all reasonable steps to ensure that this is complied with. Otherwise, you could be subject to a potentially unlimited fine. Young workers (those over the compulsory school age but under 18) are subject to stricter limits. In particular, they must not work more than 8 hours in any one day or more than 40 hours in any one week. This is not subject to averaging. ## **Opting out of the 48 hour week** In the UK, employees may opt out of the 48 hour maximum provided that they agree to do so in writing. Usually, this is known as an opt-out agreement. Although the opt-out agreement can last indefinitely, the worker can cancel it upon giving 7 days’ notice. I guess Morritz Erhardt must have signed an opt-out agreement. Even where an employee has signed such an agreement, the employer cannot require him to work excessively long hours if it reasonably foreseeable that this would damage his health. There is currently a great deal of debate at European level about whether the opt-out provisions should be scrapped. No doubt the above story will fuel the debate. Other European countries don’t have the opt-out option. My brother-in-law attended a business meeting in France in which one of those present had to leave because he had reached his 48 hour limit and was not allowed to do any more work until the following week! ## **What you need to do now** Make sure that your employment contracts comply with the law. If you require your staff to work longer than 48 hours per week, have they signed an opt-out agreement? If you need further advice on any aspect of employment law, please feel free to call me for a free consultation. **Categories:** Employment Law --- ### [Can you dismiss someone for having too much time off sick?](https://www.masonbullock.co.uk/sickness-dismissal/) **Published:** September 3, 2012 **Author:** Andrew Crisp **Content:** ![Dismissal for Sickness Absence](https://masonbullock.co.uk/wp-content/uploads/2012/09/sickness.jpg "sickness | Mason Bullock Solicitors") How should you respond when a member of staff has too much time off sick? Is it ever fair to dismiss them? Many employers are frustrated because they feel there’s nothing they can do about staff who are regularly off work due to poor health. But did you know that absence due to an employee’s illness is a [potentially fair reason for dismissing an employee](https://www.masonbullock.co.uk/6-reasons-for-dismissal/ "6 Fair Reasons for Dismissal")? Here are 5 things you need to remember about dismissing an employee for being off sick. **1. Check the Employment Contract** The first port of call, as always, is the employment contract. Check whether the employment contract contains provisions about sickness absence. If you have a policy as part of the staff handbook, make sure you comply with it. **2. Conduct an investigation** You need as much information as possible. Make sure you find out about the nature, extent and likely duration of the medical condition causing the absence. Ensure you have up-to-date medical evidence that includes a prognosis (obtained with your employee’s written consent). These must be kept confidential of course. If the absences are short-term and intermittent, your business should investigate what the cause is. If necessary you should follow a capability or disciplinary procedure, setting timescales for improvement and giving warnings where appropriate. Maintain contact with your employee throughout the procedure, especially when you: - receive medical evidence; - are considering what adjustments to make or whether an alternative position would be suitable; - are contemplating dismissing the employee. **3. Is the employee disabled?** If the employee is disabled, they are protected under the Equality Act 2010. You may need to take legal as well as medical advice on this. It may be that adjustments to your employee’s duties or workplace would assist their return to work (or their taking less time off work if their absences are intermittent). You should also think about whether there is another job within your business that might be more suitable for your employee. **4. Review the alternatives** In order to show that you have acted fairly, you will need to show that you have thought about the alternatives. An Employment Tribunal would ask the following questions when deciding whether you have acted fairly: - How important is this employee to your business and what impact is their absence having? - How much would it cost to continue dealing with their absence? - Can you avoid sacking the employee (for example, by offering them a different job role)? - How long have they worked for you? - Have you given any prior warnings? - Have you reviewed the medical evidence to ensure it is up-to-date? **5. Make sure the correct procedure is followed** Remember the [ACAS Code of Conduct](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures). It applies to sickness related dismissals too. **Categories:** Uncategorized --- ### [Can your staff refuse to work on Sundays for religious reasons?](https://www.masonbullock.co.uk/sundays/) **Published:** January 30, 2013 **Author:** Andrew Crisp **Content:** ![Do Christians have to work on Sundays?](https://masonbullock.co.uk/wp-content/uploads/2013/01/Sunday.jpg "| Mason Bullock Solicitors")Recently, the Daily Telegraph [published an article](https://www.telegraph.co.uk/news/religion/9770825/Christians-have-no-right-to-refuse-to-work-on-Sundays-rules-judge.html "Daily Telegraph") with the headline:- *“Christians have no right to refuse to work on Sundays, rules judge”* With respect to the Daily Telegraph, it isn’t true. The case was about Mrs Mba, a care worker in a children’s home. She was employed under a contract that required her to work on Sundays if necessary. After accommodating her wish as a Christian not to do so for two years, her employer required her to works Sundays, like everyone else. She argued that this practice discriminated against her as a Christian. An Employment Tribunal decided that the employer’s aim in seeking to ensure that all full time staff worked on Sundays in rotation was legitimate and that Mrs Mba was not entitled to be treated differently. **Does this mean that every employer can make their staff work on Sundays?** No. The case does not say that Christians have no legal protection against having to work on Sundays. They have the same rights as any other religious group not to be discriminated against. The Tribunal itself said in an opening paragraph:- *It is \[not open to an employer\] to require staff to work on Sunday and thereby cause disadvantage to those who are Christian unless the employer can show the requirement is objectively justified.* This paragraph was not reported in the Telegraph. **So when can an employee insist on not working for religious reasons?** If an employee does not want to work on a particular day for religious reasons, you can only require them to do so if you can justify it. The factors that an employment tribunal would weigh up include:- • Whether the employee’s request unreasonably limits your flexibility; • How other staff are affected; • Would some staff have to work a disproportionate and unfair amount of Sundays? • Would they be unable to have a full week’s leave?; • Is it likely to lead to more cost, for example if you need to engage agency staff to cover the work; • Is there a need for continuity of service to your customers or service users? These factors would have to be weighed up against the detrimental impact on the employee. **Categories:** Employment Law --- ### [So Can Employees Wear a Cross at Work or Not?](https://www.masonbullock.co.uk/cross-at-work/) **Published:** January 17, 2013 **Author:** Andrew Crisp **Content:** ![Eweida](https://masonbullock.co.uk/wp-content/uploads/2013/01/Eweida.jpg "| Mason Bullock Solicitors") You’ve probably heard in the press that the European Court of Human Rights has ruled that British Airways discriminated against an employee, Nadia Eweida, by not allowing her to wear a cross at work. At the same time, the same court said that Shirley Chaplin, a Devonshire nurse had *not* suffered discrimination when her employer prevented her from wearing a cross. So why did the court reach a different decision in each case? **What do the cases have in common?** Both of the employees were Christians. Both wanted to wear a cross as an expression of their Christian faith. The European Court agreed that wearing a cross was a legitimate manifestation of the Christian faith. Wearing a cross is protected by the European Convention on Human Rights, which gives the right to freedom of religion. In both cases, the court said that the employers had interfered with the employee’s rights to manifest their Christian faith. The question the Court needed to decide was whether the interference was justified. **So why did the court find in favour of Ms Eweida but not Ms Chaplin?** The right to manifest one’s religion is not an absolute right. It’s subject to certain limitations, such as the interests of health and safety. The law seeks to strike a fair balance between the rights of an employee to manifest their religion with the needs of the employer to pursue its legitimate aims. The reason British Airways would not allow Ms Eweida to wear her cross was that there was a clear uniform policy. The airline wanted to maintain their corporate image and promote recognition of their staff and brand. This included a ban on wearing jewellery (not just crosses). The European Court said that, although these aims were legitimate, they needed to be balanced against Ms Eweida’s right to express her faith. After weighing up both sides, the European Court decided that Ms Eweida should have been allowed to wear her cross. Meanwhile, the reason Shirley Chaplin was not allowed to wear her cross was completely different – health and safety. A cross on a chain might cause injury if an elderly patient pulled at it. Or the cross could come into contact with a wound if it swung freely. There was a danger of contamination. The European Court again weighed up factors on both sides and decided that health and safety was a legitimate reason for restricting someone’s right to wear a cross. It is more important than uniform policy or corporate image. The employer’s interference with Ms Chaplin’s right to wear a cross was necessary. It was a proportionate means of protecting health and safety. And so there was no unlawful discrimination. **What can you learn from these decisions?** The lesson for employers is to try to be reasonable in accommodating employees who wish to express their religion in a particular way at work. If you can explain why a particular policy is necessary, you may be fine. But do try to resolve any disagreements internally and avoid a trip to Strasbourg! **Categories:** Uncategorized --- ### [Former Employees Must Pay a Fee to Issue Employment Tribunal Claims](https://www.masonbullock.co.uk/et-fees/) **Published:** June 13, 2013 **Author:** Andrew Crisp **Content:** ![Employment Tribunal Fees to be Introduced](https://masonbullock.co.uk/wp-content/uploads/2013/06/Fee_for_ET_Claims-e1371127897237.jpg "| Mason Bullock Solicitors") From the 29th July 2013, anyone who wants to issue an employment tribunal claim against their former employer will have to pay a fee. They will also have to pay a hearing fee about six weeks before the full tribunal hearing. Tribunal judges will have a power to order the unsuccessful party to reimburse any fees paid by the successful party, although this will be at the judge’s discretion rather than automatic. Here are the key points you need to be aware of:- • For level 1 claims (the very straightforward ones such as unpaid wages), there is a fee of £160 to start a claim and £230 for the hearing • For level 2 claims (pretty much everything else, including unfair dismissal), the fee is £250 to start a claim and £950 to go to a hearing • Some claimants will be eligible for a fee remission if they meet the qualifying criteria based on their capital and monthly income **Good news for employers** This could be good news for employers. It’s currently free to issue tribunal proceedings which means that many disgruntled former employees simply try their luck by taking 20 minutes to fill in a form on line. They hope their former employer will pay out just to get rid of them because defending a tribunal claim can be very expensive. **Categories:** Employment Law --- ### [5 Lawyer Jokes and Quotes (and why they don't apply to OUR employment solicitors!)](https://www.masonbullock.co.uk/jokes/) **Published:** June 17, 2013 **Author:** Andrew Crisp **Content:** Why do people like to make jokes about lawyers and solicitors? We’re such friendly people! Here are five of my favourite jokes and quotes with an explanation of why most of them don’t apply to us (Warning – boring, long-winded, expensive lawyers may find these jokes offensive). **1. An Unpleasant Surprise** > *A man says to his lawyer, “How much do you charge for 3 questions?”.* > > The lawyer replies “£250.00”. > > The man asks “Isn’t that a bit expensive?” > > “Yes it is.” replies the lawyer. “Now what’s your third question?” One of the most common complaints about solicitors is that they don’t give adequate information about how they will charge. Ever received a bill you weren’t expecting? With our employment law subscription service, *HR Complete*, all our costs are explained to you in advance and are payable in 12 monthly instalments, which means you know exactly how much you will be paying and you can budget accordingly. **2. The Cynical Judge** > *‘In England, justice is open to all, like the Ritz hotel.’* Not so much a joke as a cynical quote from an English judge, Sir James Mathew (1830-1908). Obviously he felt that justice was a luxury for the rich! *HR Complete* is a package designed for small and medium sized businesses. The subscription cost is based on how many staff you have and your payroll, which means you can afford it, whatever size business you are. **3. Live longer** > *Doctor: I’m afraid it’s bad news, Madam. You only have 6 months to live.* > > Patient: That’s terrible! Isn’t there anything I can do? > > Doctor: Well, you could marry a solicitor? > > Patient: Will that mean I’ll live longer? > > Doctor: No. But it will certainly feel like it. OK. So not everyone gets as excited about employment law as we do. Perhaps you’re not especially thrilled when yet another change to employment law is introduced. So what better reason for putting all your employment law needs in our hands, so you can get on with doing what you’re passionate about? We’ll keep you updated with what you need to know, look after your contracts and advise you on any problems that arise. **4. The Mafia** > *Q: What do you get if you cross the Godfather with a lawyer?* > > A: A man who makes you an offer you can’t understand. Sadly, some lawyers try to impress their clients by using long words and making the law seem inaccessible. We will explain everything to you in plain English and answer any of your questions as they arise. You can call us whenever you need help and it’s all included in the subscription fee. **5. The Fool** > “A person who represents himself has a fool for a client.” This is attributed to Abraham Lincoln. If you try to defend yourself in an employment tribunal, you may not be a fool but you’re likely to find yourself out of your depth. We’ve seen many people try to defend themselves in Tribunal proceedings and they often end up in an expensive mess. **Categories:** Employment Law --- ### [Dismissing Some Staff Becomes Slightly Less Risky on 6th April](https://www.masonbullock.co.uk/6th-april/) **Published:** March 19, 2013 **Author:** Andrew Crisp **Content:** ![Risk of Unfair Dismissal Claim](https://masonbullock.co.uk/wp-content/uploads/2013/03/Risk.jpg "| Mason Bullock Solicitors")Employers are often surprised to learn that they can dismiss *some* staff without having to worry about an ordinary unfair dismissal claim. Employees who have been employed for less than 1 year aren’t allowed to claim ordinary unfair dismissal. This is known as the minimum qualifying period. Last year, that minimum qualifying period was extended to 2 years. However, the law did not apply to any staff who began work prior to 6th April 2012. That meant that anyone with a year’s qualifying service has still been able to claim unfair dismissal because, by definition, they started before the 6th April 2012. The impact of the change in the law will be felt next month. From 6th April 2013 until the 5th April 2014, the only employees who will have the right to claim ordinary unfair dismissal are those who began work before 6th April 2012. Those who have started since then will not have had time to acquire 2 years’ continuous service. Those who started before then only need to have acquired 1 year’s service. **What does this mean for you?** It is good practice to review each employee well in advance of them achieving the qualifying period. Put a note in your diary a couple of months before they acquire the right to claim unfair dismissal. At this stage, you should give serious consideration as to whether you intend to keep the employee on. If you decide to dismiss the employee before the end of the qualifying period, you will probably save yourself a lot of hassle. They won’t be able to claim ordinary unfair dismissal and you won’t have to justify your reason to an Employment Tribunal There are other types of unfair dismissal which do not require any minimum length of service. These are much rarer and beyond the scope of this blog. **Categories:** Employment Law --- ### [Shared Parental Leave - Our Employment Solicitors Explain it Simply](https://www.masonbullock.co.uk/shared-parental-leave-our-employment-solicitors-explain-it-simply/) **Published:** December 8, 2014 **Author:** Andrew Crisp **Content:** [![Shared Parental Leave](https://www.masonbullock.co.uk/wp-content/uploads/2014/12/Shared-Parental-Leave-300x200.jpg "Shared-Parental-Leave | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/12/Shared-Parental-Leave.jpg)From the 5th April 2015, parents (including adopters) will be able to choose how to share time off work after their child is born or placed for adoption. This is known as Shared Parental Leave (SPL). It is designed to give parents more flexibility in making arrangements for the care of their child in the first year. ## Why is the law changing? The current rules on family leave are gender-specific and inflexible. Mothers may take up to 52 weeks’ maternity leave in a single continuous block. Fathers may take two weeks’ ordinary paternity leave in the first eight weeks of a child’s life. They may also take additional unpaid paternity leave. Under the new law, parents will be able to share up to 50 weeks’ leave, and can decide to be off work - at the same time and/or - take it in turns to have periods of leave to look after the child. Eligible employees can stop and start their SPL and return to work between periods of leave. Each eligible parent may have up to three periods of leave (although an employer may allow more). ## Who is eligible? Most employees who have been employed for over 26 weeks will be eligible. The full criteria are well explained [here](https://www.gov.uk/shared-parental-leave-and-pay/eligibility). ## What about pay? A mother will be entitled to statutory maternity pay/adoption pay for up to 39 weeks. If the mother gives notice, she can reduce her entitlement and make it available as Shared Parental Pay (ShPP) [at the prescribed rate](https://www.gov.uk/shared-parental-leave-and-pay/what-youll-get) for the remainder of the 39 weeks. There may be little incentive for the mother to end her maternity leave in the first six weeks because she (and not the father) has the benefit of the 90% uplift for that initial period. ## Booking SPL An employee is entitled to submit three separate notices to book leave, although an employer can allow them more. Each notice to book SPL can be for either a ‘continuous’ block or multiple ‘discontinuous’ blocks. It must be submitted at least 8 weeks in advance of the date that the leave is intended to start. A continuous block means taking an unbroken period of leave. Eligible employees have a statutory right to take SPL in this way and an employer cannot refuse it. Requesting a discontinuous block means asking for leave over a period of time, with breaks between the leave where the employee returns to work. Discontinuous leave, in a single notice, can only be taken with the employer’s agreement ## What you should do now Although these changes only take effect for employees who are due to have a child after the 5th April 2015, employees can make requests from the start of December 2014. The rules are complex but I recommend that you have a read of this [excellent guide for employees and employers](https://www.acas.org.uk/shared-parental-leave-and-pay), written by ACAS. The government has also published a [detailed and technical guide](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/389716/bis-14-1329-Employers-technical-guide-to-shared-parental-leave-and-pay.pdf), which has a lengthy FAQ section. **Categories:** Employment Law --- ### [Ouch! If Only He'd Phoned an Employment Solicitor!](https://www.masonbullock.co.uk/if-only-he-phoned-an-employment-solicitor/) **Published:** June 5, 2014 **Author:** Andrew Crisp **Content:** [![Employment solicitors help jewellers too](https://www.masonbullock.co.uk/wp-content/uploads/2012/03/employment-solicitors-help-jewellers-300x197.jpg "employment-solicitors-help-jewellers | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2012/03/employment-solicitors-help-jewellers.jpg)A man walks into a jeweller’s shop. It sounds like the start of a joke doesn’t it? It’s actually a true story about how easy it is for an employer to get caught out. And it’s the sort of story that makes employment solicitors cringe! The man (let’s call him “Romeo”) asks the elderly shop assistant to show him a selection of engagement rings. He’s planning on taking his girlfriend to Paris for a romantic weekend where he will ask her to marry him. The shop assistant takes out a tray of sparkling diamond rings and he casts his eye over them. After some careful thought, he points to the one he wants. The ring comes in a smart presentation box and the shop assistant asks whether he wants it wrapped as well. Romeo agrees, he hands over the money and off he goes with his expensive purchase, all neatly wrapped. The following weekend, Romeo is in Paris with his girlfriend. Whilst walking in the hills together, he gets down on one knee, hands to her the neatly wrapped presentation box and asks her to marry him. His girlfriend, filled with excitement, quickly unwraps the gift, opens the box and . . . oh dear . . it’s empty! The shop assistant had forgotten to put the ring in the box. Romeo is furious. First thing Monday morning, he phones the manager of the jeweller’s shop and vents his full anger, dismay, and bitter disappointment that his once in a lifetime opportunity had been ruined by the shop assistant’s incompetence. The manager promises that he will deal with it. This is where it all went wrong. What he should have done is contact an employment solicitor for some advice. What he actually did . . . The manager challenged the shop assistant and asked her “What happened? Did you have a senior moment?” The shop assistant took great offence and resigned. She brought an Employment Tribunal claim for constructive dismissal and age discrimination. On the day of the hearing, following advice from an employment lawyer, the manager of the jeweller’s shop agreed to pay her £8,000 in compensation. Ouch! This case demonstrates the risks of not taking advice from an employment solicitor before dealing with a sensitive matter. It’s very easy to fall foul of age discrimination laws and find yourself on the wrong end of a Tribunal claim. **Categories:** Uncategorized --- ### [Can employees take time off work to look after their family?](https://www.masonbullock.co.uk/dependant-care/) **Published:** May 29, 2012 **Author:** Andrew Crisp **Content:** ![Time off to look after dependants](https://www.masonbullock.co.uk/wp-content/uploads/2012/05/Dependant-Care-300x200.jpg "Dependant Care | Mason Bullock Solicitors")Your employees are entitled to take a reasonable amount of unpaid time off work in order to deal with certain unexpected events affecting people they look after. This right is available to all your employees. ## When can an employee request time off? Your employees have a right to take reasonable time off in the following situations: • To provide assistance if a dependant falls ill or gives birth. An illness does not have to be serious to be covered. • To make care arrangements for the provision of care for a dependant who is ill (for example, taking a sick child to stay with relatives). • To deal with practical matters required as a result of the death of a dependant (for example, arranging and attending a funeral). • To deal with an unexpected change of arrangements for the care of a dependant (for example, the child-minder is ill). • To deal with an unexpected incident involving a child during school hours. ## Who is a dependant? • A spouse, civil partner, child or parent (but not grandparent) of your employee. • A person who lives in the same household as your employee (excluding lodgers). • Anyone who reasonably relies on your employee to care for them. ## What is a “reasonable” amount of time off? • This will always depend on the circumstances. In most cases, a few hours should be enough or, at most, one or possibly two days to deal with an incident. • Unpaid time off for dependants is intended to be a short-term solution to deal with an immediate crisis. You should discuss alternative arrangements with your employee (for example, taking annual leave), if the situation is likely to require more time to resolve. ## What do your employees have to do? Your employees should inform you as soon as possible of the reason for their absence and how long they expect to be away from work. ## Practical steps for your business • Implement a clearly worded policy setting out the circumstances in which your employees can take time off to care for their dependants. • Publicise the policy so that employees cannot claim they were unaware of their obligations. • Signpost other rights that your employees may have, which may be more appropriate (for example, parental leave). • Ensure that the policy is enforced consistently throughout your business. **Categories:** Uncategorized **Tags:** Gender Reassignment --- ### [Why Using an Employment Law Solicitor May Not Be as Expensive as You Think](https://www.masonbullock.co.uk/employment-law-solicitor-may-not-be-as-expensive-as-you-think/) **Published:** May 21, 2014 **Author:** Andrew Crisp **Content:** [![Employment Solicitors Not Expensive](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Employment-Solicitors-300x200.jpg "Employment-Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Employment-Solicitors.jpg) Have you ever been put off using an employment solicitor because you think it’s expensive? To be fair, lawyers have earned themselves a reputation over the years for charging over the odds for their services. But not all lawyers charge excessively. Choosing the right law firm can in fact be an excellent investment for you or your business. So, here are a few reason why using a solicitor makes good financial sense. ## 1. A stitch in time saves nine I’ve often known employers to adopt a ‘shoot first, ask questions later’ approach to staff management. I was recently approached by a small employer that had received a claim for unfair dismissal. They’d fired someone for gross misconduct – theft, fraud, falsifying accounts. The police had got involved and given the employee a caution. To be fair, she was clearly guilty and she knew it. The trouble was that the employer had not followed a fair procedure or conducted any reasonable investigation. As a result, the dishonest employee was able to claim compensation in an employment tribunal. It cost the employer nearly £10,000 in the end. It would have cost a fraction of that amount to ask for advice before taking any disciplinary action. An employment solicitor would have guided the employer through some troubled water, including - Suspending the employee - Conducting a full investigation - Inviting her to a disciplinary hearing - Giving her the chance to appeal. This would have guarded the company against a tribunal claim. They would have saved thousands. ## 2. Employment solicitors nearly always offer a free initial consultation Why not use your solicitor as a sounding board? Have an initial discussion about the problem and it may be that it doesn’t need to go any further. The advice is brief but it doesn’t cost you a penny. It may be that you do need more detailed advice. You solicitor will advise you of the cost in the course of the consultation. You can then decide whether or not you want to go ahead. ## 3. Sometimes, someone else will pay your legal costs for you When an employer offers an employee a settlement agreement, the document almost always includes a clause whereby the employee’s legal costs will be paid in full by the employer. Many solicitors will agree to limit their fee to what the employer is contributing, which means that the employee doesn’t have to pay anything for the legal advice. Some people have legal expenses insurance, perhaps as part of a house insurance policy or a business insurance policy. If you’re insured, your insurers will pay the costs of your legal advice without you having to pay a penny. Be careful though – many insurers will insist that you use a law firm of *their* choice rather than *your* choice. This may not be the best firm for you and you’re entitled to object. **Categories:** Employment Law --- ### [Is it Ever Fair to Fire Someone for Being Off Work Sick?](https://www.masonbullock.co.uk/off-work-sick/) **Published:** September 13, 2013 **Author:** Andrew Crisp **Content:** ![Sacked for Being Off Sick](https://masonbullock.co.uk/wp-content/uploads/2013/09/Keith-Moore-v-Sutton-Council.jpg "| Mason Bullock Solicitors") You may have read in the news about a young apprentice who was fired by Sutton Council because he had too many days off sick. Keith Moore (pictured above) said that he was made to feel like a criminal when his contract was terminated after only 9 months of a 1 year apprenticeship scheme. Sutton Council said that he had simply had too much time off sick. Mr Moore had taken 7½ days sickness absence in the space of 9 months. Is that fair? This blog sets out some tips to help you to manage staff who you feel may be taking too much time off work sick. 1. **Sickness absence is a potentially fair reason for dismissing someone** There are only 6 potentially fair reasons for dismissing an employee. Included in these reasons is the situation where the employee is not capable of doing the job. This may mean that the employee does not have the skills to carry out the work. In some circumstances, however, it *can* apply to an employee who is simply not well enough to carry on in their job. But remember – sickness absence is only a *potentially* fair reason. Whether or not it is in fact fair will depend on factors such as how long the employee is likely to remain off work and whether or not the employer can reasonably be expected to cope. Larger employers with greater resources are expected to be able to cope for longer. 2. **Find out as much information as you can.** Make sure that you have as much medical evidence as possible. This should include information about how long the employee is likely to continue to be unfit for work. It’s good practice to obtain a medical report from an occupational health specialist. You should also consider whether the employee may have a disability. If so, you may be required to consider adjustments to the workplace in order to accommodate them. You should also consider whether there is alternative work within your organisation that you could give to the employee. 3. **Remember the ACAS Code of Conduct** One of the factors that an Employment Tribunal would consider when determining whether an employee has been dismissed fairly is whether you have followed the principles outlined in the [ACAS Code of Practice on Disciplinary and Grievance Procedures](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures "ACAS Code"). This relates not just to misconduct and poor performance but also to sickness related dismissals. Among other things, it requires employers to invite employees to a hearing to discuss their sickness absence and the possibility of dismissal. **Categories:** Employment Law --- ### [How to Dismiss Someone for Misconduct - An Employment Solicitor Explains](https://www.masonbullock.co.uk/misconduct/) **Published:** June 8, 2014 **Author:** Andrew Crisp **Content:** ![Our employment solicitors explain how to dismiss for misconduct](https://www.masonbullock.co.uk/wp-content/uploads/2012/08/dismissal-for-misconduct-300x200.jpg "dismissal-for-misconduct | Mason Bullock Solicitors")As an employment solicitor, I’ve noticed that employers tend to go to one of two extremes when responding to an employee’s misconduct. On the one hand, some employers fly off the handle and sack the offending employee on the spot. Meanwhile other employers are so afraid of being taken to an Employment Tribunal that they sit back and do nothing. Both approaches are potentially damaging to your business. Here are a few things to bear in mind before you take any action… ## Is the misconduct sufficiently serious? As an employer, misconduct is one of the potentially fair reasons for dismissing an employee. This can cover all sorts of behaviour such as violence and theft. It can also cover less serious offences such as smoking in the workplace, swearing, intoxication, and excessive personal use of the telephone. The main test will be whether you have acted reasonably. If a tribunal decides that no reasonable employer would have acted as you did, then the dismissal will be unfair. You should also have a clear policy setting out the types of conduct which would warrant disciplinary action. If you can show that your employees have read this, it will be much easier for you to show that a dismissal is fair. Of course, not every act of misconduct is gross misconduct. For less serious offences, you may consider that a written warning is sufficient sanction. If the employee has had previous written warnings, you may be entitled to dismiss them even if the latest act of misconduct is only minor. It’s not always easy to get the judgment right. If you’re in any doubt, speak to an employment solicitor who will be able to give you some pointers. ## What should you do? You must apply the [ACAS Code of Practice on Disciplinary and Grievance Procedures](https://www.masonbullock.co.uk/crucial/). It is frightening how many employers have never read it or are not even aware of it. An employment tribunal will want to know that you have followed it correctly or that you have a good reason for not doing so. You must also follow your own written disciplinary procedure, if you have one (and I hope you have). Even if your decision to dismiss was reasonable, the dismissal may still be unfair if you did not follow a fair procedure. ## 3 things you will need to prove if you are taken to an Employment Tribunal You may be surprised to learn that you are not required to prove that the ex-employee was guilty of misconduct. You do need to show that:- 1. you had a genuine and reasonable belief that the employee had breached the disciplinary rules; 2. this belief was reached after a reasonable investigation and a fair disciplinary procedure; 3. the decision to dismiss was a reasonable response to the misconduct. It is just as important for you to be able to show that you have gone through each of these stages as it is for you to actually go through them. Whatever action you take and whatever letters you write, you should keep in mind that these may be used in evidence one day. **Categories:** Unfair Dismissal --- ### [So What is a Zero Hours Contract Anyway? An Employment Solicitor Explains](https://www.masonbullock.co.uk/zero-hours-contracts-an-employment-solicitor-explains/) **Published:** August 22, 2013 **Author:** Andrew Crisp **Content:** ![Employment Solicitor, Andrew Crisp, used to work on a zero hours contract](https://masonbullock.co.uk/wp-content/uploads/2013/08/Waiter-Service-Zero-Hours-Contract.jpg "Zero Hours Contracts | Mason Bullock Solicitors") Long before I became an employment solicitor, I worked as a silver service waiter (as evidenced by the above photo – everyone had hair like that in those days!). The restaurant manager would phone me from time to time and offer me a shift. If it was convenient, I would agree to do it. If it wasn’t, I would say no. Inevitably, if I said no too often, the restaurant manager would be less inclined to make me the first choice next time. Sometimes I would work several days in a row. Other times, I would go without work for a couple of weeks. Although there was a level of uncertainty, it worked well for me. If the alternative was to have to commit to a minimum number of hours per week, I could not have done it. I had other things to do, like studying for my A levels. Similarly, it worked well for the restaurant where I worked. They were not able to guarantee a high level of bookings and so didn’t want to commit to employing me for a minimum number of hours per week. I was effectively employed under a zero hours contract. The employer was happy. I was happy. Zero hours contracts give employees a greater choice of when they work and what work they do. ## So what’s the problem with zero hours contracts? In some sectors, zero hours contracts are being used to exploit the vulnerable. Many politicians, trade unions and employment solicitors say that the element of choice for the employee is being eroded. Employers are not required to provide a minimum amount of work but employees are expected to be available and accept work when it’s offered. Turning down work may lead to them not being offered work in the future. As a result, many people feel insecure because they have no assurance of an income. It is a life of great uncertainty. ## What’s the solution? I’m not sure if there is one. The government is reviewing zero hours contracts and considering whether they should be banned. Unions would certainly support such a move. However, according to [a study by the Work Foundation earlier this year](https://www.theworkfoundation.com/Events/Key-facts-about-zero-hours-contracts "The Work Foundation"), more than 80% of people on zero hours contracts are not looking for another job. They’re content with the arrangement. It suits the employee and the employer. Law makers are given the difficult task of protecting the vulnerable whilst allowing others the freedom to agree zero hours contracts if it suits them. I think I’ll stick to life as a solicitor advising on employment law, rather than trying to change it. And if that doesn’t work out, I can always go back to being a silver service waiter! **Categories:** Employment Law --- ### [Can You Dismiss Someone Because of a Personality Clash?](https://www.masonbullock.co.uk/personality-clash/) **Published:** August 15, 2012 **Author:** Andrew Crisp **Content:** ![Personality Clash Dismissal](https://www.masonbullock.co.uk/wp-content/uploads/2012/08/Personality-Clash-Dismissal1-300x200.jpg "Personality Clash Dismissal | Mason Bullock Solicitors") What do you do if there’s someone in the workplace that other people simply don’t get on with? It’s not their fault. They’re perfectly good at the job. It’s just that their personality clashes with everybody else. This could amount to a fair reason for bringing their employment to an end. **The Legal Position** Personality clashes or irreconcilable differences between colleagues come under the heading of “some other substantial reason”. This is one of the [6 potentially fair reasons for dismissal](https://www.masonbullock.co.uk/6-reasons-for-dismissal/ "6 Reasons You Can Rely on For Dismissing an Employee"). One of the most well known cases involved a lady who worked in an office with other women who disapproved of her loose morals. She had an illegitimate child (which at the time was relatively rare) and other workers disapproved. She would also boast about a relationship she was having with a boy almost half her age. The atmosphere in the office had become extremely tense and was seriously affecting the company’s business. The employer decided to dismiss her and the employment tribunal said that it was fair. **What should you do if it’s just two people who don’t get on?** If Sarah and Hugh don’t get on and the personality clash doesn’t involve anyone else, you should take reasonable steps to solve the problem without resorting to a dismissal. This can include:- - Moving one of the workers somewhere else; - Changing work patterns; - Attempting to mediate between the squabbling employees. **What if the employee is so difficult that nobody can work with him?** If Dave’s personality is so difficult that the majority of your workforce can’t work with him, we recommend that you go through the following steps:- - Ask the other employees to put their grievances in writing; - Give Dave at least one, and preferably two formal warnings in writing; - Discuss the situation with the other employees. Satisfy yourself that there is no likelihood of matters improving and keep notes of those conversations; - Consider whether the employee could be relocated or offered some other alternative employment. If there really is no alternative, it is likely to be fair to dismiss him. **What is the correct dismissal procedure?** Although the [ACAS Code of Practice on Disciplinary and Grievance Procedures](https://www.masonbullock.co.uk/crucial/ "ACAS Code of Practice on Grievance Procedures") only applies to disciplinary situations, such as misconduct and capability, we recommend that you apply it when dismissing someone for a personality clash. Although these types of dismissal are not expressly covered by the ACAS Code, the circumstances in which personality clashes arise may arguably involve conduct or performance issues. **Categories:** aa No_YARPP, Unfair Dismissal **Tags:** Personality Clash --- ### [Do you have to pay staff who can't get to work because of the snow?](https://www.masonbullock.co.uk/snow/) **Published:** January 23, 2013 **Author:** Andrew Crisp **Content:** ![Do you have to pay staff who are off work because of the snow?](https://masonbullock.co.uk/wp-content/uploads/2013/01/Snow1.jpg "| Mason Bullock Solicitors") During the wintry weather, many employees are electing to stay at home rather than come to work. This may be because of: - Blocked roads; - Severe weather warnings; - Needing to look after children when the schools are closed; - Advice that people should only travel if their journey is essential. Even employees who do make it to work may need to go home early to avoid being stranded. Inevitably, this will lead to disruption to your business. So how should you handle it? Here are three things you need to know about dealing with problems in your business caused by the weather. **1 Employees are not automatically entitled to be paid if they’re off work because of the snow** An employment contract is two way. The employee receives pay in exchange for carrying out work. If they’re unable to carry out that work, they’re not entitled to be paid, even if it’s not their fault. Employees are entitled to take time off to look after their children when the schools are closed but you don’t have to pay them. **2 Be fair and flexible** Refusing to pay an employee may have a detrimental effect on staff morale and productivity. You should weigh up whether it makes better business sense to pay them anyway. You should also consider alternative working patterns such as working from home. **3 Implement an effective policy on adverse weather** Introduce a written policy that deals with the steps employees are expected to take to try to get to work on time. It should also deal with how the business will continue if staff are absent and how you will treat lateness Having a policy will mean that there’s less scope for confusion or complaints. **Categories:** Uncategorized --- ### [Can you Dismiss a Driver who Loses their Driving Licence?](https://www.masonbullock.co.uk/driving-licence/) **Published:** December 11, 2012 **Author:** Andrew Crisp **Content:** ![Dismissed for Losing Licence](https://www.masonbullock.co.uk/wp-content/uploads/2012/12/Driver_Disqualfied1-207x300.jpg "Driver_Disqualfied | Mason Bullock Solicitors")If your business relies on drivers, you will need to make sure that they are all legally allowed to drive. But what if Dave is allowed to drive when you employ him but he subsequently loses his licence? Can you dismiss him? If continuing to employ Dave would be against the law, you can (and must) dismiss him. However, you must first consider whether you can make adjustments to his duties so that you can continue to employ him. For example, if driving is only a small part of Dave’s duties, then you could allocate that part of the job to somebody else and find alternative work for Dave. Similarly, if Dave is able to use public transport rather than driving himself without it significantly affecting his work, it would be unfair to dismiss him. The ACAS Code of Conduct does not apply to a dismissal in these circumstances. However, you would be well advised to follow it anyway. If there is any doubt about whether or not Fred is allowed to continue driving, it will be resolved within the course of the procedure. **Categories:** Unfair Dismissal --- ### [Thinking of Dismissing Someone? Don't Forget the ACAS Code of Practice](https://www.masonbullock.co.uk/crucial/) **Published:** May 2, 2013 **Author:** Andrew Crisp **Content:** When deciding whether an employee has been unfairly dismissed for misconduct or poor performance, an employment tribunal will consider whether the business has followed a fair procedure, and *must* take the Acas Code into account when considering whether an employer has acted reasonably or not. The Acas Code of Practice (Acas Code) was introduced in 2009. Employers are required to follow the code in disciplinary situations. If an employee’s claim is successful, but either the business or the employee has failed to follow the Acas Code, the level of compensation awarded can be affected: • If the business unreasonably failed to follow the Code, the employment tribunal may increase the employee’s compensation by up to 25%. • If the employee unreasonably failed to follow the Code, the employment tribunal may reduce their compensation by up to 25%. **How should misconduct or poor performance be handled?** **1. Investigate the issues** • The business must carry out a reasonable investigation of the issue (for example, by conducting an investigatory meeting with the employee under investigation). Any investigatory meeting should not result in disciplinary action without a disciplinary hearing taking place first. • If paid suspension is necessary during the investigation it should be as brief as possible and kept under review. The business should clarify that this is not in itself a form of disciplinary action. **2. Inform the employee of the issues in writing** • If, following the investigation, it is found that there is a case to answer, the business should notify the employee in writing of the alleged misconduct or poor performance and its possible consequences in sufficient detail to enable them to respond at a disciplinary hearing. • The notification should set out details of the disciplinary hearing, for example, the time and place of the disciplinary hearing. • The disciplinary hearing should be held without unreasonable delay. However, the business must ensure the employee has reasonable time to prepare their case. • Any written evidence (for example, witness statements) should be provided to the employee. **3. There must be a disciplinary meeting or hearing** • The business should not make a decision to dismiss or take other disciplinary action without a disciplinary hearing or meeting taking place first. • If the employee is persistently unable or unwilling to attend, without good reason, the business is entitled to hold the meeting or hearing in their absence and make a decision on the available evidence. • Either side should give advance notice of any witnesses they intend to call. • At the hearing, the business should explain the allegations and go through the evidence; • The employee should be allowed to set out their case and answer the allegations; • The employee should have a reasonable opportunity to ask questions, present evidence, call relevant witnesses and raise points about any information provided by the business’ witnesses. **4. Inform the employee of the decision in writing** After the hearing, the decision should be sent to the employee in writing without unreasonable delay. Written warnings should set out: • The nature of the misconduct or poor performance. • The improvement required. • The timescale for improvement. • How long the warnings will remain current. • The consequences of further misconduct (or failure to improve) within that period. • The employee’s right to appeal the decision and the procedure they need to follow to do so. **The employee has a right of appeal** • If the employee feels the disciplinary action against them is unjust, they should appeal in writing, specifying the grounds of their appeal. • If they bring a tribunal claim without appealing, any compensation they are awarded may be reduced. **Practical steps for businesses to take to improve their disciplinary procedures** • Involve employees in developing workplace procedures, and make sure those procedures are transparent and accessible to employees. • Encourage managers to manage conduct and performance issues quickly and informally before they get to a formal disciplinary stage. • Investigate issues thoroughly. Even if the employee has attended an investigatory interview, always hold a disciplinary hearing once all the evidence is available, and allow the employee to put their side of the story before making any decision. • Keep written records, including minutes of meetings. • Communicate decisions effectively and promptly, setting out reasons. **Categories:** Employment Law, Unfair Dismissal --- ### [Can You Sack Someone for Criminal Acts Outside of Work?](https://www.masonbullock.co.uk/criminal-acts/) **Published:** November 1, 2012 **Author:** Andrew Crisp **Content:** Is it fair to dismiss someone for a criminal offence that takes place outside of work? Alan Lydiard was a postman. He had never received any complaints about his work and was a reliable employee. However, when he was prosecuted in France for football hooliganism, the Post Office decided to sack him. He claimed unfair dismissal on the basis that the football hooliganism was completely unrelated to his ability to do his job. After a number of court hearings, it was finally decided that the Post Office had acted fairly. **So when is it fair to dismiss someone for criminal acts outside of work?** You should not treat a crime outside of work as an automatic reason for dismissal. You must ask the question whether the offence is one that makes workers unsuitable for their type of work. You would need to show one of the following:- - That as a result of the criminal conduct, the employee had become unsuitable for his type of work; or - That as a result of the criminal conduct, other employees will no longer work with him and so either his work (or their work) cannot be performed properly. **Offences of dishonesty** This will usually fall under the first test, namely that the employee has become unsuitable for his type of work. Most job roles involve at least some degree of honesty. However, you would still need to show that the dishonesty made the employee unsuitable for his particular job. **Violence** Offences of violence will usually fall under the second test. Other employees may no longer feel comfortable working with the employee. However, if the employees are not bothered by it, it may be difficult to show that a dismissal is fair unless the employee is engaged in a position where physical restraint is important (such as a security guard). **Follow a Fair Procedure** You need to show that you had a genuine and reasonable belief that the employee was guilty of the criminal act. If he has already been convicted, then this is straightforward. However, if he has not yet been convicted, then you should carry out your own investigations. Provided that the investigation is reasonable and that you follow a fair procedure, an employment tribunal is unlikely to challenge your belief, even if the employee is subsequently found not guilty. Finally, make sure you follow the ACAS Code of Practice. **Categories:** Unfair Dismissal --- ### [Gnash of the Day! What if your staff behaved like Luis Suarez?](https://www.masonbullock.co.uk/suarez/) **Published:** June 25, 2014 **Author:** Andrew Crisp **Content:** [![Suarez - Gross Misconduct](https://www.masonbullock.co.uk/wp-content/uploads/2013/04/Suarez-300x180.jpeg "Italy v Uruguay, 2014 FIFA World Cup, Group D, Estadio Arena das Dunas, Natal, Brazil - 24 Jun 2014 | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2013/04/Suarez.jpeg)“Biting is not compatible with normal football practice”. So says FIFA official Michel D’Hooge following Suarez’ latest (alleged) biting incident! As a result, Suarez faces the a 4 month ban. But how should you respond if your staff are accused of violence in the workplace? Here are a few things to think about . . . **Disciplinary Action** You may be surprised to know that it would not be automatically fair to dismiss an employee for fighting at work. Each case must be considered on its own merits. As with any disciplinary action, you must follow the ACAS Code of Conduct. Otherwise, the dismissal will almost certainly be unfair. **Presuming that there is more than one employee involved, whose side should you believe?** As an employer, you are not required to prove that an employee is guilty of misconduct before taking disciplinary action. You do however have to go through a reasonable investigation and a fair procedure. You are entitled to dismiss if you can show that you had a genuinely held belief that the employee was guilty of misconduct and that you had good grounds for that belief. Clearly, if one of your staff has teeth marks in his arm, you may well feel that’s good grounds for believing that he’s been assaulted! But you mustn’t take disciplinary action without a full investigation and fair disciplinary procedure. **Do you have to report the incident?** As the employer, there is no duty on you to report the matter to the police. That’s up to the individuals involved. However, health and safety laws require you to notify your enforcing authority in the event of any incident at work that leads to death, major injury, or incapacity for normal work for more than three days. This will include injury suffered as a result of violence. **What if the violent incident took place outside the workplace?** It’s not necessarily fair to dismiss an employee for a violent crime outside of work, even if the employee has been charged or convicted. You will have to consider whether the charge or conviction makes the employee unsuitable for their particular type of work. [This post](https://www.masonbullock.co.uk/criminal-acts/) covers that issue in more detail. **Categories:** Uncategorized --- ### [6 Fair Reasons for Dismissing an Employee](https://www.masonbullock.co.uk/6-reasons-for-dismissal/) **Published:** August 9, 2012 **Author:** Andrew Crisp **Content:** Have you ever taken someone on and then wished you hadn’t? You may be wondering if it’s fair or legal to dismiss them. Most businesses will find themselves in this situation at some point. However, many employers are too afraid to dismiss the employee in case they get taken to an Employment Tribunal. Did you know there are six potentially fair and legally acceptable reasons for sacking a member of staff? This blog sets out a summary of those reasons and, over the course of the next few weeks, I will address each of them in more detail. **1. Misconduct** Conduct in the workplace is one of the most common reasons for firing a member of staff. For example, Dave is involved in a one off incident of gross misconduct, such as fighting or stealing. Or Elaine might be involved in a series of less serious incidents of misconduct, such as persistent absence or refusal to obey instructions. In either case, it is potentially fair to bring their employment to an end. **2. Capability or qualifications** If Bill can’t do his job properly, for example he makes lots of mistakes, then this is a potentially valid ground for letting him go. It may also be fair to dismiss Carole who is great at her job (when she’s in) but has far [too much time off sick](https://www.masonbullock.co.uk/sickness-dismissal/)! **3. Redundancy** Redundancy usually means you don’t need as many staff as you used to. For example, if Frances and Gary are in the same department and there’s now only enough work to occupy one of them, you may need to decide which one should be made redundant. **4. Continued employment would be against the law** Helen is employed as a driver but has lost her licence. Meanwhile, Ian’s work permit has run out. You can (and must) terminate their employment! **5. Retirement** In most cases, retiring Jack just because he’s reached 65 will be deemed to be age discrimination. However, there are very limited circumstances where it could potentially be fair. More of that in a later blog! **6. Some other substantial reason** This sound like a catch-all to justify any dismissal. It isn’t. It’s fairly limited in its scope but it can be used, for example, where there is a business re-organisation and Karen’s job role no longer fits. Or it can also apply if you have a [personality clash](https://www.masonbullock.co.uk/personality-clash/) with Lionel, even though it’s not his fault. **Tread carefully**! Even if you have a fair reason for dismissing someone, you must follow the right procedure or the dismissal will still be unfair. This could lead to you having to pay compensation to the employee. **Categories:** Unfair Dismissal --- ### [Should You Include Commission Payments When Calculating Holiday Pay?](https://www.masonbullock.co.uk/should-you-include-commission-payments-when-calculating-holiday-pay/) **Published:** May 28, 2014 **Author:** Andrew Crisp **Content:** [![Calculating Holiday Pay? Include Commission](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Calculating-Holiday-Pay-with-Commission-300x199.jpg "Calculating Holiday Pay with Commission | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Calculating-Holiday-Pay-with-Commission.jpg)A recent decision of the European Court of Justice may have some expensive consequences for employers who pay commission. In the case of Lock v British Gas Trading Limited, Mr Lock, an internal energy sales consultant, argued that commission should be included in calculating his holiday pay because commission formed part of his normal pay. He had taken periods of annual leave for which he received his basic pay only and did not receive any payment for commission. This meant that he was losing more than 50% of his average earnings during periods of annual leave. The ECJ decided that commission *must* be taken into account when calculating holiday. Otherwise, the worker will be placed at a financial disadvantage when taking statutory annual leave because no commission will be generated during the holiday period. This is likely to deter the worker from exercising the right to annual leave. This decision has a number of implications for employees and employers. ## Calculating holiday pay could become complicated At the moment, it’s not clear whether or not employers should use a reference period of 12 weeks (as is normal in UK law) or 12 months (as has been recommended by the Attorney General) when calculating the amount of holiday. If the 12 week reference period applies, some employees might try to organise their holidays so as to maximise the windfall when the holiday pay is calculated. For example, they may decide to take their holiday just after a particularly busy season. This problem could be avoided if a 12 month reference period applies. ## Should employers also include overtime payments? Employers have often omitted overtime payments from holiday pay calculations. However, the principle of not deterring your staff from taking their holiday is likely to mean that overtime payments should be included in the calculation as well. There are two cases due to be heard in July that will decide this issue. Watch this space! ## Employers may face a massive claim for backdated holiday pay The ECJ ruling is not technically a change in the law, but merely clarification of it. Technically, the “new” position has always applied. This means that if an employer has only been paying basic pay for holiday periods, there is a risk that employees will be able to claim back-payments going back up to 16 years (to the start of the Working Time Regulations)! This could create a windfall for employees but a significant financial burden for employers. **Categories:** Uncategorized --- ### [What To Do if Your Staff Wrestle with Sharks When They're Off Sick](https://www.masonbullock.co.uk/sharks/) **Published:** March 13, 2013 **Author:** Andrew Crisp **Content:** Ever done a good deed and then wished you hadn’t? Paul Marshallsea was signed off work with stress when he took a holiday to Australia with his wife. He achieved international fame when he rushed into the sea to wrestle a shark away from nearby children. Whilst Mr Marshallsea was hailed as a hero by onlookers and the press, his employer took a rather dim view of his holiday exploits and decided to fire him. In a letter, they wrote: *“Whilst unfit to work you were well enough to travel to Australia … we find that dismissal is the only course of action we can recommend.”* Mr Marshallsea responded:- “*If I hadn’t gone in to save the kids on that beach that day my wife and I would still have a job. You think being in charge and running a children’s charity, they would have patted me on the back and congratulated me. But to sack us both without any sort of discussions first is just disgusting.*” **Can he claim unfair dismissal?** The employer is essentially alleging that Mr Marshallsea was lying about being too stressed to attend work. This is a type of misconduct dismissal. As such, the employer is required to follow the ACAS Code of Practice on Disciplinary Procedures. It seems they didn’t do this, which means that an employment tribunal will almost certainly say it’s unfair. The minimum length of service for claiming unfair dismissal is two years (or one year for anyone who started before the 1st April 2012). There are conflicting news reports about how long Mr Marshallsea was employed for. However, [the BBC reports that he was employed for 10 years](https://www.bbc.co.uk/news/uk-wales-21753342) and so an unfair dismissal claim looks likely to succeed. **Does the employer have a defence?** Although a tribunal will almost certainly say that the dismissal was unfair, the employer may be able to argue that if they had followed a fair procedure they could have dismissed him fairly anyway. In other words, they got the procedure wrong but it made no difference. If they can prove that, then any damages award will be significantly reduced. However, it’s unlikely that the employer will be able to show this. There is no law against an employee going on holiday whilst on sick leave. The doctor had signed him off with work related stress and had apparently advised him to take a holiday. Employment tribunals don’t like employers who think they know better than the doctor. **Lessons to learn** If something seems fishy and you’re thinking about telling one of your staff to sling their hook, take care or you could end up in deep water. **Categories:** Employment Law, Unfair Dismissal --- ### [CCJ Removal: Learn 3 Ways to Remove a County Court Judgment](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/) **Published:** May 14, 2014 **Author:** Andrew Crisp **Content:** ![a law firm](https://www.masonbullock.co.uk/wp-content/uploads/2014/12/Logo-v2-1024x4741-1-300x139.jpg "a law firm | Mason Bullock Solicitors")Receiving a CCJ (County Court Judgment) can have severe consequences if it remains on your credit record. It can affect your ability to obtain credit, such as a mortgage or mobile phone contract, and may even jeopardise your job, depending on your profession. But are you stuck with it, or is it possible to get the CCJ removed? \[ez-toc\] ## Is CCJ Removal Possible? Not all CCJs can be removed from a credit report. CCJ removal is only possible in certain circumstances. If you knew about the claim and ignored it, you’re probably stuck with the CCJ. That’s the purpose of credit reports – to let lenders know whether someone takes their financial obligations seriously. But if you were unaware of the claim, it may well be possible to get the CCJ removed. Below, I outline three methods to remove a CCJ from your credit report. The best option for you will depend on your unique circumstances. ## 1. Paying within a month will remove the CCJ from your credit report Credit reference agencies, such as Experian, obtain information from the [Registry Trust](https://www.trustonline.org.uk/), who keep a register of all County Court Judgments. The courts inform the Registry Trust every time a CCJ is issued. However, if the CCJ is paid within a month, it will be removed from the Register. If you admit to owing the money and the judgment is less than a month old, paying within a month is the best option. When you pay, the claimant should inform the court. The court then updates the Registry Trust, which removes the CCJ from the Register. The Registry Trust, in turn, will notify all the credit reference agencies who remove it from your credit report. This process can sometimes take about seven days. If the claimant doesn’t tell the court you’ve paid, you must inform the court yourself. The best way to do this is by applying for a [Certificate of Satisfaction or Cancellation using form N443](https://www.gov.uk/government/publications/form-n443-application-for-a-certificate-of-satisfaction-or-cancellation). You must provide evidence of payment, such as a receipt from the claimant or a copy of your bank statement. The court will ask the claimant to confirm you’ve paid. If the claimant acknowledges that you’ve settled the debt or doesn’t reply, the court will accept that you’ve paid in full and update the Registry Trust. The Registry Trust will then remove the CCJ from the Register. ### Should you pay the CCJ if you dispute it? It may still be better to pay the full amount ordered by the court, [even if you dispute the CCJ](https://www.masonbullock.co.uk/should-you-apply-to-set-aside-judgment-or-just-pay-it/), particularly if it’s only for a small amount (such as a private parking charge). That’s because [the consequences of having the CCJ on your credit record](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/) may far outweigh the cost of paying the CCJ. If you do pay it, let the claimant know that you’re only paying it to get rid of the CCJ from your credit record. You may even want to consider taking action to claim the money back from them once the CCJ has been removed. ## 2. CCJ Removal happens automatically after six years After six years, the CCJ will be removed automatically from your credit record without you having to do anything. Even if you don’t pay it, the CCJ will disappear from the Register. However, in some circumstances, the claimant can still enforce the CCJ, which means that if you haven’t paid the amount of the CCJ, the claimant can still take action to recover it. For example, they could instruct bailiffs or apply for an order against your bank. Nevertheless, this enforcement action won’t impact your credit record, provided the CCJ is over six years old. If your CCJ is already quite old, waiting for the six years to expire may be the best option. However, if it’s more recent, can you afford to wait so many years with a poor credit rating? If not, you will need to apply to have the CCJ set aside. ## 3. The CCJ will be removed if the court sets it aside If the CCJ is a default judgment, then the court can set it aside if there are valid reasons, such as[ if you didn’t receive the claim form](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-if-i-didnt-receive-the-claim-form/). ### What is a default judgment? A default judgment is [a judgment entered by the court when a defendant fails to acknowledge a claim or present a defence](https://www.masonbullock.co.uk/what-is-a-default-judgment-and-why-have-i-received-one/). Contact the court that issued the CCJ to find out whether it is a default judgment. Ask them to email you a copy. ### How do you apply to the court to set aside a default judgment? You must complete form N244 and send it to the court that issued the default judgment. The current version of that form is available from the [government website](https://www.gov.uk/government/publications/form-n244-application-notice). To learn more about how to complete each section, read this article about [completing Form N244 when ](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/)[applying to set aside a default judgment](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/). To learn more about the process, read our [step-by-step guide to getting a CCJ set aside](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/). ### What fees will you have to pay? You will need to pay a court fee when you make your application. To find out the court fee amount, check out this [article, which explains the fee and whether you can get help paying it](https://www.masonbullock.co.uk/court-fee-apply-to-set-aside-ccj/). If your application to set aside the judgment is successful, the court will probably order the claimant to reimburse you for the court fee. ### When the court *must* set aside the CCJ If the claimant didn’t follow the procedural rules, the court must set aside the judgment. This is the *mandatory ground* because it doesn’t require the court to exercise discretion. The mandatory ground commonly applies when the claimant sent the court papers to the wrong address. However, the mandatory ground may also apply if, before the date of the judgment: - You filed an acknowledgement of service or defence before the expiry of the time limit - You paid the whole amount claimed - You admitted owing the amount claimed and requested time to pay ### When the court *may* set aside the CCJ If the claimant followed the procedural rules correctly, the judgment is valid. However, the court still has the discretion to set aside the judgment if - you have a real prospect of successfully defending the claim or - there is some other good reason why the court should set aside the judgment. This is known as the *discretionary ground*. If the [court documents were sent to a previous address](https://www.masonbullock.co.uk/ccj-wrong-address/), the court usually views that as a good reason to set aside the judgment. Sometimes, a hearing is necessary before the court sets aside the CCJ. However, this shouldn’t be necessary if the claimant [consents to the judgment being set aside](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/). ### What evidence do you need? You must provide evidence showing why the CCJ should be set aside. Typically, this includes proof that your address has changed, such as an expired tenancy agreement or Land Registry entries. You may also need to show copies of correspondence you had with the claimant, particularly if you can show that you notified them of a change of address. If you intend to defend the underlying claim, you will need evidence to show the basis for your defence. To learn more about the types of documents you should provide, read this article: [What Evidence Do You Need to Remove a CCJ? A Complete Guide](https://www.masonbullock.co.uk/ccj-removal-evidence/) ### Can the judgment be set aside if you’ve paid it? Defendants may sometimes be reluctant to pay a CCJ because they think it’s an admission that the CCJ is valid. However, paying a CCJ is not a barrier to the court setting it aside. Although paying the CCJ may make it more difficult to persuade the court that you have a defence, that is only one of the grounds to have it set aside. If you’re concerned about how it will affect a judge’s view of your case, you should make clear that you are paying without admission of liability. In many cases, paying the full amount of the judgment may be the best course of action because: - it will stop any enforcement action and the increasing costs associated with that - the CCJ will be marked as satisfied on your credit report, which is slightly better than an unsatisfied CCJ - the claimant may be more likely to consent to judgment being set aside There may be good reasons not to pay the CCJ, such as if you deny the claim and want the opportunity to defend it. However, you shouldn’t worry that paying the claimant will prevent you from having the judgment set aside. ### Act promptly When exercising its discretion to set aside a CCJ, the court must consider [whether or not you made the application promptly](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/). Therefore, taking action as soon as you know about the CCJ is essential. That will give you the best chance of the CCJ being set aside. ### Updating the Registry Trust Once the CCJ has been set aside, the court should automatically update the Registry Trust, who in turn update the credit reference agencies. Once this has happened, the CCJ will be completely removed from your credit file. **Categories:** Set Aside Judgment --- ### [Applying to Set Aside a Default Judgment? Move Fast!](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/) **Published:** May 8, 2014 **Author:** Andrew Crisp **Content:** [![Default Judgment - Be Prompt](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Default-Judgment-Be-Prompt-300x240.jpg "Default-Judgment-Be-Prompt | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/Default-Judgment-Be-Prompt.jpg) Nobody likes to find out they’ve had a CCJ (County Court Judgment) entered against them. It’s an order to pay money, so it mustn’t be ignored. Even if it’s for a small amount, it can have a [terrible impact on your life](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/). However, in some circumstances, you may be able to [apply to have the CCJ removed](https://www.masonbullock.co.uk/remove-ccj/). Make sure you act quickly, though. Treat it as a priority. The temptation is to put it off and deal with it another day. Scroll down to discover the three reasons you *must* make your application as soon as you can. ## 1. The CCJ Impacts Your Credit Score Before a lender offers credit to a prospective customer, they will almost always carry out a credit check. If you’ve received a court order requiring you to pay money, this will have a dramatic effect on your credit rating and is likely to mean you can’t obtain credit. Trying to persuade the lender that the default judgment is unfair or was wrongly entered won’t help you. While it’s on your credit file, you’ll be seriously hindered in any attempts to obtain credit. A poor credit rating may also affect your ability to find work. Many employers these days carry out a credit check as part of the recruitment process. ## 2. The claimant could take enforcement action Whilst the default judgment remains in place, the claimant could take steps to enforce it. This could include: - bailiffs removing your goods - a bankruptcy order - an order to attend court for questioning In addition, a claimant is entitled to claim 8% interest on the outstanding amount. This means that each day the order remains in place, the amount the claimant could recover from you is increasing. [Applying to set aside judgment doesn’t automatically mean that enforcement action stops](https://www.masonbullock.co.uk/can-a-bailiff-still-take-my-goods-if-i-have-applied-for-the-default-judgment-to-be-set-aside/). However, a claimant will probably agree to suspend any enforcement until after the court has heard your application. Act fast to avoid the hassle of bailiffs knocking on your door. ## 3. The court will consider whether the application to remove the CCJ has been made promptly when making its decision The court has the discretion to set aside a CCJ. One of the most important factors they consider when exercising their decision is whether the application has been made promptly. The word promptly is not defined and will depend on the circumstances of each case. However, some applications fail simply because the defendant waited too long before sending it to the court. The defendant might try to justify any delay on the basis that: - they were trying to negotiate with the claimant - they didn’t know what they were supposed to do - they thought they needed all the evidence before they made the application None of these reasons should be relied on as an excuse for not making the application promptly. Apply straight away with the appropriate court fee. Then, gather your evidence and discuss the possibility of [a settlement with the claimant](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/). **Categories:** Set Aside Judgment --- ### [Applying to Set Aside a Default Judgment? Don't Make These Mistakes](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-make-these-mistakes/) **Published:** April 16, 2014 **Author:** Andrew Crisp **Content:** ![Mistakes in Application to Set Aside Judgment](https://www.masonbullock.co.uk/wp-content/uploads/2014/04/shutterstock_128088629-1-300x201.jpg "shutterstock_128088629 (1) | Mason Bullock Solicitors")If you’re making an application to set aside a judgment, the process is not always straightforward. There are a few mistakes that you’ll need to avoid. This article explains three of the most common pitfalls that people fall into. **1. Delaying Too Long** One of the key factors that a court will look at whether your application has been made *promptly*. The word ‘prompt’ is not defined and every case will be judged on its own merits. However, don’t hang around. You must act quickly to maximise your prospects of success. The judge may have some sympathy with you if you can show that you weren’t aware of the CCJ when it was issued. For example, you may have been out of the country or sick in hospital. However, the courts are strict (and getting stricter). You shouldn’t presume that they will have any sympathy with a late application. [We recommend that you apply straight away](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/). You can submit any evidence later. **2. Not making the most of the witness statement** The Court has a discretion to set aside the default judgment. But they will need some persuading. Ideally, you need to show that you have a real prospect of successfully defending the claim. This doesn’t mean that you have to prove your case at this stage but you do need to show that your defence is more than just fanciful. Explain in the witness statement why you should be allowed to defend the claim. Provide a draft defence as an exhibit. That helps the court to understand what the dispute is about and why they should allow the case to proceed to a proper trial. If you don’t have a defence to the claim, don’t panic. The court can still remove the judgment in other circumstances but you do have to show a good reason. The most common reason is the effect the CCJ has on your credit record. If you admit the claim but you didn’t pay it because you weren’t aware of it, then it would be unjust for you to have an adverse credit record for the next 6 years. Explain in the witness statement the detriment that the default judgment is causing you and why you were unable to respond to the claim before the judgment was entered. Often a court will set the judgment aside, even though the claim is admitted. **3. Presuming that the Court will set aside the judgment if both parties agree** After you’ve issued the application, it’s sensible to try to negotiate with the claimant. However, it sometimes comes as a surprise to find that a court refuses to set aside a judgment, even though both parties consent to it. You should still give the court a good reason. Consent, on its own, is not enough. **Categories:** Set Aside Judgment --- ### [Can a Bailiff Still Take my Goods if I have Applied for the Default Judgment to be Set Aside?](https://www.masonbullock.co.uk/can-a-bailiff-still-take-my-goods-if-i-have-applied-for-the-default-judgment-to-be-set-aside/) **Published:** March 19, 2014 **Author:** Andrew Crisp **Content:** [![Bailiffs and Setting Aside a Default Judgment](https://www.masonbullock.co.uk/wp-content/uploads/2014/03/bailiffs-default-judgment-300x200.jpg "bailiffs-default-judgment | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/03/bailiffs-default-judgment.jpg) A judgment in default is an order to pay money. Often, the successful claimant will arrange swift enforcement action, for example by sending in the bailiffs. But what happens if you’re applying to have the judgment set aside? Can the claimant still continue with enforcement action before the court has heard the application? **An application to set aside a default judgment does not stop the enforcement** The judgment remains in force until it is set aside. It can therefore be enforced and there’s nothing to prevent the claimant from continuing enforcement action to recover their money. Even if you have already begun the application process, the bailiffs are still allowed to seize and sell your goods. **Is there anything you can do?** The court rules include provisions for enforcement action to be suspended if there are special reasons. This can include an [application by a defendant for judgment to be set aside](https://www.masonbullock.co.uk/remove-ccj/). However, there is no guarantee that an application for enforcement action to be suspended will be successful. A more practical approach, which is usually effective, is to ask the claimant voluntarily to suspend enforcement action until the outcome of the application is known. Often the claimant will agree to do so. **What happens to enforcement action if the judgment is set aside?** If the judgment is set aside, all enforcement action must cease to have effect. This means that the claimant can no longer instruct bailiffs or take any other enforcement action. In many ways, it’s as though the judgment never existed. **What happens if the bailiff has already seized goods before the judgment was set aside?** If goods have already been seized, these ought to be brought back. Alternatively, any money held as a result of the enforcement should be returned. However, it’s important that you ask the court to specifically order this because it may not happen automatically. **Categories:** Set Aside Judgment --- ### [Understanding Default Judgments and How to Remove Them](https://www.masonbullock.co.uk/what-is-a-default-judgment-and-why-have-i-received-one/) **Published:** May 16, 2014 **Author:** Andrew Crisp **Content:** [![What is a Default Judgment and Why Have I Received One?](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/default-judgment-300x200.jpg "default-judgment | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/default-judgment.jpg) For many individuals, their first encounter with a default judgment is when they find a CCJ on their credit file. This can be a confusing and distressing experience, especially if they are unaware of what a default judgment is or how to address it. This article will explain default judgments, why they occur, and the steps to take if you find one on your credit report. ## What is a Default Judgment? Default judgments are court orders that arise when a defendant does not respond to a legal claim. These judgments can have far-reaching consequences, affecting a person’s financial stability and credit score. Understanding the mechanics and implications of default judgments is essential for anyone who might be facing legal action. A default judgment occurs when a defendant fails to respond to a claim filed against them. Here’s how the process typically works: 1. **The claim form is issued:** The claimant initiates legal proceedings by sending a claim form to the court. 2. **Notification:** The court then sends this claim to the defendant, who has 14 days to respond. 3. **Non-Response:** If the defendant does not respond within this period, the court automatically orders the defendant to pay the claimed amount—this is the default judgment. If the defendant acknowledges the service within the initial 14 days, they get an additional 14 days to submit a defence. Failure to provide a defence within this extended period also results in a default judgment. ## Legal Implications of a Default Judgment A default judgment is a type of CCJ (County Court Judgment), so it’s a serious matter and can be enforced like any other court order. Ignoring it can lead to severe consequences, including: - **Mortgage Problems**: Many lenders won’t provide a mortgage to people with a CCJ registered against them - **Bailiff Actions:** Bailiffs could be sent to seize your possessions to satisfy the debt. - **Job Prospects:** In some professions, employers require staff to have a clear credit record. A CCJ could mean being refused work. ## Common Scenarios Leading to a Default Judgment Receiving a default judgment typically indicates that the court believes you received the claim form but did not respond. This may come as a shock, especially if you were unaware of any claim against you. Common reasons include: 1. **Incorrect Address:** The claim may have been [sent to a previous address](https://www.masonbullock.co.uk/ccj-wrong-address/) if the claimant was unaware you had moved. Consequently, you might not have received the claim form and were unable to respond. 2. **Timing Issues:** Even if the claim was sent to the correct address, you might have been away at the time. If you didn’t return in time to respond, you may have missed the deadline, resulting in a default judgment. 3. **Business Address Mix-Up:** For limited companies, claims might be sent to [the registered address](https://find-and-update.company-information.service.gov.uk/) instead of the trading address. If there are inadequate forwarding arrangements, the claim might not reach the correct location in time. ## How to Remove a Default Judgment A default judgment is an administrative action by the court, carried out by court staff rather than a judge. This puts it in a different category from other types of judgments. There are [three ways to remove a default judgment](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/): 1. **Paying the Judgment:** If the judgment is less than a month old, paying it can remove it from your credit file. 2. **Automatic Removal:** A default judgment will automatically be removed from your credit file after six years. 3. **Applying to Set Aside:** If the judgment is over a month old and you cannot wait six years, you can [apply to have the CCJ set aside](https://www.masonbullock.co.uk/remove-ccj/). A judge will review the case and make a decision. Valid reasons for setting aside a judgment include not receiving the claim form initially. Sometimes, the claimant might [consent to the judgment being set aside](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/), potentially avoiding a court hearing. ## Preventative Measures To prevent default judgments in the future, consider these steps: - **Keep Addresses Updated:** Whenever you move house, ensure all relevant parties, including the DVLA, have your current address. - **Set Up Mail Forwarding:** If you move, set up mail forwarding to catch any important documents. - **Respond Promptly:** Always respond to legal documents within the stipulated time frame. - **Seek Legal Advice Early:** If you receive a claim form, consult with a lawyer immediately. ## FAQs about Default Judgments **How long does a default judgment stay on my credit report?** A default judgment remains on your credit report for six years unless paid within a month or set aside. **Can I appeal a default judgment?** You cannot appeal a default judgment, but you can apply to have it set aside if there are good grounds. **What happens if I ignore a default judgment?** Ignoring a default judgment can lead to a damaged credit history, which could make it difficult for you to obtain credit, such as a mortgage. It may also result in bailiffs visiting your property to seize goods. **Is it possible to negotiate the amount of a default judgment?** Yes, creditors sometimes agree to settle for a lesser amount. However, that won’t remove the default judgment from your credit report unless it is set aside. **How do I prove I didn’t receive the claim form?** Provide evidence such as a change of address confirmation, travel documents, or a witness statement. **Can a default judgment affect my employment?** While it generally doesn’t affect current employment, it can impact future job opportunities, especially in the financial sector. ## Conclusion A default judgment can significantly impact your credit rating and financial situation. Understanding what it is, why it occurs, and how to address it is crucial for managing your financial health. If you find a default judgment on your credit file, take prompt action to resolve it, either by paying the judgment, waiting for it to be removed after six years, or applying to have it set aside. **Categories:** Set Aside Judgment --- ### [My CCJ Has Been Set Aside. Why Hasn't it Been Removed from My Credit Record?](https://www.masonbullock.co.uk/my-ccj-has-been-set-aside-why-is-it-still-on-my-credit-record/) **Published:** July 9, 2014 **Author:** Andrew Crisp **Content:** ![CCJ Set Aside - Why Not Removed from Register?](https://www.masonbullock.co.uk/wp-content/uploads/2014/07/CCJ-Removed-300x188.jpg "CCJ-Removed | Mason Bullock Solicitors")One of the main reasons for setting aside a CCJ is to clear your credit record. If it’s not paid within a month, it will be entered against your name in the Register of County Court Judgments. It will then remain on your credit record for six years. If the judgment is set aside it’s as though the order was never made in the first place. The black mark against your credit record is cleared completely. However, occasionally, problems can arise in updating your credit record. Even after the court has made an order setting aside the CCJ, it can sometimes remain on the credit record, which kind of defeats the object of applying to have it set aside in the first place! ## What *should* happen When a CCJ is set aside, the court should update its records immediately and email the [Registry Trust](http://www.trustonline.org.uk/), which manages the Register of County Court Judgments. The Registry Trust will then update the Register and the judgment is removed. Your credit record is then clear Bingo! ## What *sometimes* happens Occasionally, the court doesn’t update their records. They just forget (or so it seems) or perhaps the court officer doesn’t realise that the Registry Trust need to be notified. As a result, the black mark remains against your credit record. ## How to solve the problem The first thing you should do is try to phone the court. If you can get through (and it can sometimes take a while), simply ask them to update their records. This ought to be enough to trigger the removal of the CCJ. If you can’t get through to the court by phone (which is, unfortunately, all too common), send them an email instead. You can find the email address for any court on the [Court Finder Website](https://www.gov.uk/find-court-tribunal). Remember to include the claim number, the names of the parties and the date that the judgment was set aside. You need to get the message across that the judgment has been set aside and their records need to be updated. You may need to persist if you don’t get a quick response but sooner or later, the message should get through and the judgment removed. ## What if that doesn’t work? If you have persisted with the court and they still haven’t updated their records, then try emailing the Registry Trust at info@trustonline.org.uk. Unfortunately, they won’t update their records unless the court tells them to. They can’t accept notification from anyone except the court. However, if you email to them a copy of the order setting aside judgment, they will follow up with the court and confirm that the CCJ has in fact been set aside. The records will then be updated and your credit record will be cleared! **Categories:** Set Aside Judgment --- ### [What are the Grounds for Removing a CCJ? Your Detailed Guide](https://www.masonbullock.co.uk/ccj-removal-reasons/) **Published:** July 29, 2024 **Author:** Andrew Crisp **Content:** ![Court Hearing](https://www.masonbullock.co.uk/wp-content/uploads/2024/07/Court-300x200.jpg "| Mason Bullock Solicitors") A County Court Judgment (CCJ) can have serious consequences for your financial health and creditworthiness. Whether it affects your ability to secure a mortgage or a job or simply causes undue stress, you will probably want the CCJ removed if you can. The process is not automatic, and you will need to convince the court that there is a valid reason for setting aside the judgment. This article explains the grounds you can rely on to successfully apply for a CCJ removal. ## The Court Must Set Aside the CCJ if the Claim Form Was Sent to the Wrong Address The court rules require that a court action begins with a claim form, which must be served at the defendant’s usual or last known residence. If the claim form was sent to the wrong address, the court is obliged to set aside the CCJ. It is only fair that defendants have the opportunity to respond to claims made against them. ### What is the correct address for serving a claim form? [Part 6 of the Civil Procedure Rules](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06) prescribes how to serve a claim form. In most claims against individuals, the claim form must be sent to the usual or last known residence. Note that the word is ‘residence’ and not ‘address’. It’s not enough for the claim form to be sent to a contact address, such as a friend or family member. Therefore, an address you have never lived in cannot be your usual or last known residence. If the claimant has reason to believe that you no longer live at the last known residence, they must take reasonable steps to find out your current residence before starting the claim. However, if they have no reason to believe you’ve moved home, a claimant can often argue that the claim form was correctly served because it was sent to the last known residence, even if you didn’t receive it. Sometimes, the claim form may be addressed correctly but not delivered to you, for example, if the envelope was damaged, lost in the postal system, or the postal worker mistakenly delivered it to the wrong address. In these circumstances, the claim form will still be deemed to be correctly served, provided the address on the envelope was correct. ### How to persuade a court that the claim form was not correctly served To persuade the court that the claim form was not correctly served, you may need to prove that the claimant had reason to believe you were no longer at the last known residence. This can be achieved by: - Providing evidence that you informed the claimant of your move. - Demonstrating that mail sent to your previous address was returned to the sender. If you informed the claimant of your change of address, this should be documented and presented to the court. If the current occupant of your previous residence returned mail addressed to you, this can support your claim. There is also scope for arguing that the claimant should have proactively taken steps to find out your current address. For example, the claimant could have checked the electoral roll or used a tracing agent. ## The Court May Set Aside the CCJ if You Have a Good Defence Even if the claim form was correctly served, the court may still set aside the CCJ if you can show that you have a real prospect of successfully defending the claim if there were a full trial. ### What is a real prospect of successfully defending? In an application to set aside judgment, you don’t have to prove your defence. Instead, you simply need to show that you would have a real prospect of proving your defence at trial if you had the opportunity. The bar is set relatively low. However, you do need to show more than an arguable defence. The court must consider whether you have a ‘realistic’ as opposed to a ‘fanciful’ prospect of success. Your defence must carry some degree of conviction. ### Defending Common Types of Claims Think carefully about whether you have a defence. Often, defendants admit the claim against them. The only reason they didn’t pay it is that they weren’t aware of it. If that’s you, then it’s better to acknowledge that rather than trying to argue that you have a defence. Some general advice relating to two of the most common types of claim is set out below. **Parking Charges:** If your [CCJ relates to a parking charge](https://www.masonbullock.co.uk/ccj-parking-ticket/), you may have a defence if: - The signs at the car park were not sufficiently clear, and as a result, you weren’t aware of the regulations. Proving this is difficult because parking companies are usually careful to ensure that the signs are clear; - There was a delay between entering the car park and finding a space, and the parking company treated you as though you were parking without paying during that time. - You had permission to park in the car park, irrespective of what the signs say. For example, you may be a leaseholder at a block of flats, and the lease agreement gives you the right to park in their car park. **Loan Agreements and Credit Cards**: If proper procedures were not followed, such as failing to send a default notice or notice of assignment, you may be able to defend a claim under the Consumer Credit Act 1974. ### Evaluating the Defence Defending the claim will be time-consuming, stressful and uncertain. You may decide it’s simply not worth the effort. However, when applying to have CCJ set aside, it’s at least worth letting the court know of any potential defence because it’s one of the grounds the court will consider when exercising its discretion. If the court sets aside the CCJ, you can then decide whether to continue your defence or settle the claim. ## Other Good Reasons for Setting Aside a CCJ Even if the claim form was served correctly and you don’t have a real prospect of defending the claim, the court may still set aside the CCJ if there is ‘some other good reason’. This gives the court broad discretion to look at all the circumstances of the case. The factors they consider include: - whether you’ve [acted promptly in taking steps to set aside the CCJ](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/). - The reasons for not responding to the claim form; - The claimant’s conduct; - The importance of the case and the amount involved - The impact the CCJ is having on you. ### Examples of good reasons for setting aside the judgment The following examples illustrate some of the circumstances that may lead a judge to exercise discretion in your favour. **Financial harm:** A CCJ on your credit report can cause [serious financial problems](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/), particularly if you’re applying for a mortgage or other credit. A court will usually recognise financial harm as a good reason to set aside a CCJ. **Impact on career:** Certain professions require members to have a clear credit record, particularly those who work in the financial services industry. For some, [a CCJ may mean losing their job or being refused a job offer](https://www.masonbullock.co.uk/ccj-affects-job/). **Lack of warning:** As part of the pre-action protocol, claimants are expected to send a ‘letter before action’. Failure to do so could be a factor when the court exercises its discretion. ## Conclusion Understanding and effectively presenting the grounds for setting aside a CCJ is essential for maximising your prospects of success. Demonstrating incorrect service, a viable defence, or other good reasons like financial harm can persuade the court to set aside the judgment. The process involves filing an [N244 application form](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/) with the court, which includes providing a detailed witness statement and supporting evidence. Being proactive and informed is key to navigating this complex process successfully. By following these steps, you can increase your chances of successfully setting aside a CCJ and protecting your financial future. If you find the process overwhelming, consider seeking advice from specialised legal services that can provide expert guidance and support. **Categories:** Set Aside Judgment --- ### [Set Aside a Default Judgment: What to Do If You Missed a Claim](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-if-i-didnt-receive-the-claim-form/) **Published:** June 10, 2014 **Author:** Andrew Crisp **Content:** [![Set Aside Default Judgment if not aware of claim](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/Default-Judgment-300x241.jpg "Default-Judgment | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/Default-Judgment.jpg) Have you discovered an unexpected default judgment on your credit file? A default judgment is often issued against a defendant without their knowledge, but it can be set aside. If you’ve recently found out about a default judgment you weren’t previously aware of, this article will tell you what you need to do to have it set aside and removed from your credit file. ## What is a default judgment? [Court rules](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06) require a claimant to notify a defendant of any claim. However, this often doesn’t happen, which means the defendant can’t respond in time. As a result, the court issues the default judgment, a type of CCJ (County Court Judgment). If you’ve discovered a CCJ on your credit file, it’s probably a default judgment, which means it can be set aside under certain circumstances. Unless it is set aside, your credit score will plummet, meaning you may not be able to obtain a mortgage or other credit. ## Why did you not receive the claim form? There could be several reasons why you didn’t receive the claim form. ### Wrong Address The original court papers may have been sent to the wrong address – perhaps a [previous address](https://www.masonbullock.co.uk/ccj-wrong-address/). If this was the last address known to the claimant, the judgment will be valid unless they had reason to believe you had moved. ### Registered Address for Companies Another common situation is that the papers were sent to a company’s registered address but not forwarded to the trading address. Many companies have a registered address for purely administrative reasons. If court papers are sent to this address, they are deemed valid, even if you didn’t see them. That’s why it’s so important that companies put reliable forwarding facilities in place. ### Defendant Away at the Time It may even be that the papers were sent to the right address but arrived when the defendant was away, for example, during a holiday or a long trip abroad. Whatever the reason for not responding to the claim, the default judgment will be valid and enforceable if it was sent to a current address, a registered address or even the last address known to the claimant. If it’s not set aside, you will have to pay the judgment, and it will continue to affect your credit rating negatively. ## How Can I Set Aside a Default Judgment? The court rules allow the court to set aside a judgment [if there is a good reason,](https://www.masonbullock.co.uk/ccj-removal-reasons/) such as not receiving the court papers. ### What Form Do I Need to File to Set Aside a Default Judgment? To get a default judgment set aside, the first step is to file [court form N244](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/). Include in the form details such as: - an explanation as to why you didn’t receive the court papers - whether or not you’re likely to have a good defence to the claim - how the default judgment has affected you. For example, the CCJ may mean you’re unable to obtain a mortgage, or it might have affected your job prospects. ### Apply Promptly Send the N244 form to the court that issued the judgment as soon as possible. One of the factors a court will consider is whether you’ve [acted promptly](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/) after finding out about the CCJ. That’s why you shouldn’t delay your application. ### Attend a Hearing After you submit your application, the court file will usually be transferred to your local hearing centre. The hearing centre will let you know a hearing date when you will need to attend to present your case. To learn more about preparing for the hearing, read CCJ Removal: [Step-By-Step Guide to Setting Aside a County Court Judgment](https://www.masonbullock.co.uk/remove-ccj/). ## Obtaining the Claimant’s Consent to the Default Judgment being Set Aside If the claimant consents to the judgment being set aside, both parties can sign a court document known as a consent order. Whether or not the judgment is set aside is still at the discretion of the court but [a consent order makes it much more likely](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/). The consent order can be filed before or after the application to set aside judgment has been made. You won’t need to attend a hearing if the court is happy with the consent order. ## Frequently Asked Questions ### What is a default judgment? A default judgment is a court ruling issued in favour of the claimant when the defendant fails to respond to a claim. It often happens without the defendant’s knowledge, particularly if they did not receive court papers. [Read more](https://www.masonbullock.co.uk/what-is-a-default-judgment-and-why-have-i-received-one/) ### Can I apply to set aside a default judgment? Yes, you can apply to set aside a default judgment if you can show that you did not receive the claim form or have a valid reason for not responding. You do this by filing court form N244. [Read more](https://www.masonbullock.co.uk/remove-ccj/) ### How long do I have to apply to set aside a default judgment? You must act promptly after discovering the judgment. While there is no fixed deadline, the sooner you apply, the better your chances of success. ### What happens if a default judgment is not set aside? If a default judgment is not set aside, it will remain on your credit record and could negatively impact your ability to secure loans or mortgages. Additionally, the claimant can enforce the judgment, which may result in enforcement action. [Read more](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/) ## Conclusion Understanding how to set aside a default judgment is critical if you were unaware of the court case. Acting promptly is essential, and with the proper steps, you can ensure your credit rating is repaired and move on with your financial life. **Categories:** Set Aside Judgment --- ### [How to Remove a CCJ Sent to a Previous Address: Step-by-Step Guide](https://www.masonbullock.co.uk/ccj-wrong-address/) **Published:** February 4, 2020 **Author:** Andrew Crisp **Content:** ![CCJ sent to wrong address](https://www.masonbullock.co.uk/wp-content/uploads/2020/02/CCJ-wrong-address-300x200.jpg "CCJ-wrong-address | Mason Bullock Solicitors") Discovering a County Court Judgment (CCJ) you were unaware of probably means the court documents were sent to a previous address. When you move house, it’s easy to overlook updating your contact details with everyone. However, this oversight can have serious consequences if someone believes you owe them money, potentially leading to a court judgment against you without your knowledge. If you find a CCJ on your credit file, act promptly by following these steps. ## Obtain a copy of your credit report To begin the process of removing a CCJ sent to the wrong address, the first step is to obtain a copy of your credit report. This report will provide vital information about the CCJ, including: - The name of the court that issued the CCJ - The claim number - The date of the CCJ - The amount of the CCJ You can obtain a copy of your credit file for free using an online service, such as [Experian](https://www.experian.co.uk/consumer/experian-credit-score.html). Unlike credit checks from other agencies, checking your own credit report does not have a detrimental impact on your credit rating, so feel free to check as often as needed. Once you have this information, you can contact the court to obtain further details. ## Contact the Court After obtaining your credit report and identifying the basic details of the CCJ, the next step is to contact the court for more information. Here’s how to do it effectively: ### Identifying the Correct Court Most CCJs are issued by the [Civil National Business Centre](https://www.find-court-tribunal.service.gov.uk/courts/civil-national-business-centre-cnbc). However, if a different court issued the CCJ, you can find their contact details [here](https://www.find-court-tribunal.service.gov.uk/courts/civil-national-business-centre-cnbc). ### Information to Request from the Court The best way to contact the court is to phone them. Provide the claim number so they can locate your file quickly. Be prepared to confirm your identity by giving your current address as well as any previous addresses. You should ask the court to provide you with the following information by email: - The address to which the claim form was posted - The identity of the claimant - The date of service of the claim form - The identity of the claimant’s solicitors (if any) - The particulars of claim ## Get legal advice Once you have obtained all the relevant information from the court, this is a good time to get an initial assessment from a legal adviser. A legal professional can help you understand your prospects of successfully having the CCJ removed and guide you through the process. ### Why Legal Advice is Important Getting expert legal advice is crucial because: - **Understanding Your Case**: A legal adviser can assess your case and identify any weaknesses and how to address them. - **Legal Steps**: They can explain [the legal and practical steps needed to remove the CCJ](https://www.masonbullock.co.uk/remove-ccj/). - **Improving Your Chances**: Professional advice can significantly improve your chances of successfully removing the CCJ. ### What Information to Provide to Your Adviser When consulting with your legal adviser, provide them with: - All case details obtained from the court - Information about any changes of address around the date of the CCJ Many law firms offer a free initial consultation. ## Assessing Your Chances of Success Understanding your likelihood of success in having the CCJ set aside is crucial. Various factors influence the court’s decision, and knowing these can help you prepare better. ### Factors the Court Considers The court will evaluate [several issues when deciding whether to set aside a CCJ](https://www.masonbullock.co.uk/ccj-removal-reasons/): - **Correct Service of the Claim Form**: The court rules require that the claim form is served by posting it to the defendant’s usual or last known residence. If the claimant knew or should have known that you had moved, the claim form would be deemed not to have been served, making the CCJ irregular and requiring the court to set it aside. - **Defence to the Original Claim**: Even if the claim form was correctly served, the court can still set aside a CCJ if you demonstrate that you have a good defence to the original claim. - **Other Good Reasons**: The court may consider other valid reasons for setting aside the CCJ, such as the CCJ having a detrimental impact on your ability to obtain credit or putting your job at risk. Whatever the basis for your application, you will need to provide [evidence to support your application to set aside the CCJ](https://www.masonbullock.co.uk/ccj-removal-evidence/), such as documents showing a change of address, a copy of your credit report or correspondence with the claimant. ## Possible Outcomes - **CCJ Set Aside**: If the court sets aside the CCJ, it will automatically be removed from your credit history. - **Application Rejected**: If the court finds that the claim form was correctly served and you do not have a sufficient defence or other valid reasons, the application to set aside the CCJ may be rejected. Understanding these factors can help you prepare your case effectively, improving your chances of a successful outcome. ## Will the Claimant Consent to the CCJ Being Removed? While only a court can order that a CCJ be set aside, obtaining the claimant’s consent can significantly simplify the process. ### Understanding Consent Orders If the claimant [consents to the judgment being set aside](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/), you might not need to attend a court hearing. Instead, both you and the claimant can sign a document called a consent order, which is then submitted to the court for endorsement. - **Consent Order**: This is a legal document signed by both parties agreeing to set aside the judgment. - **Court Endorsement**: Usually, the court will endorse the consent order, effectively setting aside the CCJ. ### Steps to Obtain a Consent Order 1. **Contact the Claimant**: Reach out to the Claimant or their legal representative and explain your situation. 2. **Negotiate Terms**: Discuss the terms under which they would agree to set aside the CCJ. Ensure all communication is documented. 3. **Draft the Consent Order**: Draft the consent order for both parties to sign. 4. **Submit to Court**: Submit the signed consent order to the court for their approval. Once the CCJ is set aside, it will be removed from your credit history as if it never existed. ## Frequently Asked Questions (FAQs) about a CCJ sent to the wrong address ### Can a CCJ be removed from my credit report if it was sent to the wrong address? Yes, if you can prove that the CCJ was sent to a previous address and you had no knowledge of it, you should be able to have it set aside. ### What should I do if I suspect a CCJ was issued to my previous address? First, obtain your credit report to confirm the details of the CCJ. Then, contact the court with the claim number. They will tell you the address to which the claim was sent and the identity of the claimant. ### What is the process for setting aside a CCJ? To set aside a CCJ, you must [apply to the court using form N244](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/) and provide evidence that the claim was sent to a previous address. The court will consider your application and decide whether to remove the CCJ from your record. ### How long does it take to have a CCJ set aside? The time frame can vary depending on the court’s schedule and the complexity of your case. Resolving the issue can take several months, especially if a court hearing is required. It may be quicker if the [claimant consents to the judgment being set aside](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/). ### Will removing the CCJ improve my credit score immediately? If the court sets aside the CCJ, it will be removed from your credit report, which will improve your credit score significantly. The process may take a few days to reflect in your credit report. ## Conclusion Discovering a CCJ sent to the wrong address can be a distressing experience, but taking prompt and informed action can help rectify the situation. By following this comprehensive guide, you can navigate the process of setting aside the judgment effectively. Start by obtaining your credit report to gather essential details about the CCJ. Contact the court to get further information and consult with a legal adviser to assess your chances of success. Understanding the factors the court considers and the potential outcomes will prepare you for the next steps. If the claim form was incorrectly served, you have a strong case for having the CCJ set aside. Even if it was correctly served, you might still succeed if you have a good defence or other valid reasons. Additionally, securing the claimant’s consent through a consent order can streamline the process and avoid a court hearing. Taking these steps promptly and seeking professional legal advice will significantly improve your chances of removing the CCJ from your credit history. We wish you success in resolving this matter and restoring your credit rating. If you need further assistance or have any questions, consider contacting specialised legal services or consulting with a legal professional. **Categories:** Set Aside Judgment --- ### [3 Ways a CCJ Can Ruin Your Life and How to Get Rid of It](https://www.masonbullock.co.uk/3-ways-a-ccj-can-ruin-your-life-and-what-to-do-about-it/) **Published:** January 15, 2020 **Author:** Andrew Crisp **Content:** ![3 Ways CCJ Ruins Life](https://www.masonbullock.co.uk/wp-content/uploads/2020/01/CCJ-ruins-life-300x200.jpg "CCJ-ruins-life | Mason Bullock Solicitors") Discovering a County Court Judgment (CCJ) against your name can seriously affect many aspects of your life. It may seem unfair, but your life could be ruined by a CCJ, [even if the amount in question is small](https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html). It can hinder your ability to secure credit, rent property, or obtain certain jobs. However, understanding the steps to resolve these problems by removing the CCJ from your record is crucial. In this article, you’ll learn about the three biggest problems caused by a CCJ and how to resolve them effectively to safeguard your financial health and future opportunities. ## 1. You can’t get a mortgage or other credit For many people, the first time they realise they’ve got a CCJ registered against them is when they apply for a mortgage. Mortgage lenders always carry out a credit check. They want to know whether you’re able to repay your mortgage. If they see a CCJ on your credit file, they assume you don’t pay your debts. As a result: - they may not offer you a mortgage at all, so you can’t buy your dream home - they may only offer you a mortgage at a much higher rate, which could potentially cost you tens of thousands of pounds Even if you don’t need to move house, a CCJ will affect your eligibility for: - credit cards - other types of loan - a mobile phone contract A CCJ could be disastrous for your future financial health. ## 2. You can’t rent a property Most landlords conduct credit reference checks. The last thing they want is a tenant who cannot pay their rent. If they see a CCJ on your credit record, they are far less likely to rent the property to you. Often, landlords have more than one application to rent the property. They are far more likely to choose someone with a clean credit record. In the worst-case scenario, if you can’t buy or rent a property, you may find yourself homeless. ## 3. You could be refused a job Several professions require a clean credit record, particularly in the financial services industry. Many employers must do a credit check before deciding whether to employ you. Having a CCJ against your name may mean they’re not legally allowed to employ you, even if they want to. As a result, a CCJ could cost you your job and leave you unemployed. ## What to do about it The cost of having a CCJ on your credit record will probably far outweigh the amount the court has ordered you to pay. If you can, you need to get the CCJ removed. There are potentially[ three ways to remove a CCJ](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/): 1. Pay it in full within 30 days 2. Wait six years, and it will automatically drop off your credit file 3. Apply to have the judgment set aside. Unless the CCJ is very recent (i.e. within the last 30 days) or very old (i.e. nearly six years old), your best option is probably to [apply to have the CCJ set aside](https://www.masonbullock.co.uk/remove-ccj/). You will need to persuade the court that there are [good reasons](https://www.masonbullock.co.uk/ccj-removal-reasons/). One of the most common grounds for setting aside a CCJ is if [the defendant didn’t know about the claim](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-if-i-didnt-receive-the-claim-form/). ## What Happens When the CCJ Is Removed? Removing a CCJ from your credit file will significantly improve your financial standing and open up previously unavailable opportunities. There will be no record of it on the public register, which means your credit score will improve, making it easier to obtain credit cards, personal loans, and mortgages at competitive interest rates. Secondly, without a CCJ, landlords and employers will view your credit report more favourably, increasing your chances of securing rental properties and job positions that require a clean credit record. CCJ removal gives you a fresh start for managing your finances. The slate is wiped clean, allowing you to rebuild your financial reputation and pursue new opportunities with greater confidence. ## FAQs ### What is a CCJ? A CCJ is a County Court Judgment, a type of court order in the UK resulting from someone claiming money from you. The Registry Trust records the CCJ in a central registry. ### How does a CCJ affect you? A CCJ will cause your credit score to plummet, making it harder to obtain credit, such as a mortgage. Many landlords won’t rent to someone with a CCJ. It can also limit job prospects because many professions require a clear credit record. ### How long does a CCJ stay on your credit file? Unless a court sets the CCJ aside, it will remain on your credit file for six years from the date of the judgment. However, paying the total amount within 30 days will remove the CCJ from your record and improve your credit score. ### Is it possible to appeal a CCJ? You can apply to have a CCJ set aside if you believe the court issued it unfairly or without your knowledge. You must apply to the court using [form N244](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/), explaining why the judgment should be removed. ### How can I check if I have a CCJ? You can check if you have a CCJ by accessing your credit report through credit reference agencies like Experian, Equifax, or TransUnion. Additionally, you can search the Register of Judgments, Orders, and Fines. ### How does removing the CCJ help? If the judgment is removed, it will be as though the court never issued it in the first place. All the negative consequences will disappear, and your financial life will be back on track. ## Conclusion Dealing with a County Court Judgment (CCJ) can be a daunting and stressful experience. The consequences of a CCJ can extend into many areas of your life, from securing loans and mortgages to finding housing and employment. However, you can take control of the situation. By addressing the issue promptly, you may be able to have the CCJ removed, which will eliminate the negative impacts and help you work towards a brighter financial future. **Categories:** Set Aside Judgment --- ### [3 Blogs Every Employment Solicitor Should be Following](https://www.masonbullock.co.uk/3-blogs-every-employment-solicitor-should-be-following/) **Published:** July 10, 2014 **Author:** Andrew Crisp **Content:** ![3 Blogs Every Employment Solicitor Should Be Following](https://www.masonbullock.co.uk/wp-content/uploads/2014/07/Blogs_for_Employment_Solicitors-300x300.jpg "Blogs_for_Employment_Solicitors | Mason Bullock Solicitors")If you’re an employment solicitor, you’ve probably noticed an awful lot of fellow lawyers are writing blogs. Some blogs just to attract new business. Hence the plethora of law firms who jumped on the World Cup bandwagon and used it as a thinly veiled marketing opportunity to find tenuous links to employment law in completely unrelated stories ([you’d never catch me doing anything like that!](https://www.masonbullock.co.uk/suarez/)) Other bloggers write about changes in the law and recent judgments. Not sure who these blogs are aimed at sometimes. Too trite for fellow employment lawyers who have plenty of other ways of staying up to date. Too detailed for prospective clients who, I’m told, aren’t actually that interested in the finer points of the law – they just want you to solve their problems (which would sometimes be much easier to do if they had known at least a bit of the law but that’s another story). Sometimes, as an employment solicitor, you want more than hard law. You want to know what people in your industry think and feel about changes. You want a different angle from people who know their stuff (if only so that you can repeat their thoughts as your own [when you’re interviewed on local radio](https://www.masonbullock.co.uk/flexible-working-northampton-employment-solicitors/)!). And let’s face it! You want a bit of humour thrown in too (no doubt that’s why [my blog about lawyer jokes](https://www.masonbullock.co.uk/jokes/) received far more clicks from Twitter than any other blog I’ve ever done!) So here are three blogs that usually tick the right boxes by people who think outside of the box (if you’ve clicked on this blog to see if I’ve included you, well, sorry to all but three of you!). ## [A Range of Reasonable Responses](http://darrennewman.wordpress.com/) Darren Newman is a qualified barrister, as well as an employment law trainer, writer and consultant. So he’s well placed to write one of those turgid blogs I was talking about earlier. However, his blog, [a Range of Reasonable Responses](http://darrennewman.wordpress.com/), is anything but turgid. Its aim is to debunk myths about employment law, often printed in the newspapers. He unspins the spin, punctures the hype and questions some of the presumptions that influence politicians’ decisions. Well worth signing up to get a sane view of employment law. ## [Mrs Markleham – Rants about Discrimination Law](http://mrsmarkleham.wordpress.com/) In a similar vein to Darren Newman’s blog, [Mrs Markleham ](http://mrsmarkleham.wordpress.com/)rants about ‘discrimination law and anything else that incurs her wrath’. She describes herself as an ‘employment lawyer, discrimination lawyer, mildly peevish old woman’! Although she doesn’t blog often (indeed she has only done one blog this year), when she does it’s invariably a worthwhile read. [Her response to coverage of the Equality Act ](http://mrsmarkleham.wordpress.com/2010/10/01/a-bad-start-the-today-programme-debacle/)was particularly interesting and her site contains links to a large number of useful resources on the subject. I don’t think you can sign up to receive updates by email, but you can follow her on Twitter @MrsMarkleham. ## [Daniel Barnett](http://danielbarnettemploymentlaw.blogspot.co.uk/) Not so much a blog. More an archive of email updates. Someone recommended Daniel to me years ago. His emails contain a concise summary of developments in employment law. Each email usually deals with just one point. Very helpful for the busy employment solicitor. You can sign up to receive the emails [here](http://www.danielbarnett.co.uk/). ## Any blogs you’d recommend for employment solicitors? I’ve included my three favourites. Any that you’d recommend? **Categories:** Uncategorized --- ### [Should You Pay the Minimum Wage or the Living Wage?](https://www.masonbullock.co.uk/minimum-wage/) **Published:** March 13, 2014 **Author:** Andrew Crisp **Content:** The Minimum Wage was introduced in April 1999. It provides a legal minimum amount of hourly pay for all employees. Many say it’s not enough. It should be higher and ought to be based on a different rate, known as the Living Wage. In the 2015 Budget, Chancellor George Osborne [announced that the Minimum Wage would be increased to match the Living Wage](http://www.bbc.co.uk/news/uk-politics-33437115). In this blog I explore the differences between the Minimum Wage and the Living Wage. ### What is the Living Wage? According to the Living Wage Foundation, the Living Wage is calculated according to the basic cost of living in the UK. It takes into account costs such as food, public transport, rent and childcare. Calculated by the Centre for Research in Social Policy at Loughborough University, it’s an informal benchmark, rather than a precise calculation. **What is the National Minimum Wage?** The National Minimum Wage is the minimum amount per hour all employers must pay their staff. The Low Pay Commission reviews the rates each year and reports to the government each February. The government then sets the rates, based on the recommendations in the report. The rates vary according to four different categories of worker. Current rates are set out [here](https://www.gov.uk/national-minimum-wage-rates). **Should You Pay the Living Wage or the Minimum Wage?** The law only requires you to pay the Minimum Wage at the moment. Nevertheless, some argue that paying the Living Wage is good for business. Rhys Moore, director of the Living Wage Foundation says: > “Our approach is to build the argument that paying the living wage is vital for the worker and their family, but it also makes sense for employers because you end up with more motivated workers, higher productivity and better service.” Others respond by saying that some businesses simply can’t afford to pay the Living Wage. Higher salaries limit the amount of jobs employers can create. Neil Carberry, CBI’s director for employment and skills, says > “Paying staff more than they contribute in productivity is unsustainable for a hard-pressed business. If all employers were to start paying the living wage fewer jobs would be created and unemployment would be higher.” **What should you do?** You *must* pay the National Minimum Wage. Otherwise, you could be fined up to £20,000. If you do pay the Living Wage, you may want to apply for accreditation with the Living Wage Employer mark. It’s a bit like ‘Fair Trade’ for employers. This is something you may want to consider. If you’d like advice on pay rates or any other aspects of the employment relationship, please feel free to get in touch. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Employment Law --- ### [Why was my Default Judgment issued from the Northampton (CCMCC) County Court? Our Solicitors Explain](https://www.masonbullock.co.uk/solicitors-explain-northampton-ccmcc/) **Published:** June 24, 2014 **Author:** Andrew Crisp **Categories:** Set Aside Judgment --- ### [What's the difference between unfair dismissal and constructive dismissal?](https://www.masonbullock.co.uk/constructive/) **Published:** July 8, 2013 **Author:** Andrew Crisp **Content:** People often use the phrases “constructive dismissal” or “unfair dismissal” without really understanding what they mean. Sometimes, these expressions are used as though they mean the same thing. However, unfair dismissal and constructive dismissal are very different. ## **What is an unfair dismissal?** An unfair dismissal occurs when an employer dismisses someone unfairly. OK – I know that sounds a bit obvious but what makes a dismissal fair or unfair? The fairness of the dismissal is judged by the following factors:- 1. Whether or not the dismissal was for a fair reason. There are in fact only [6 potentially fair reasons for dismissing an employee](https://www.masonbullock.co.uk/6-reasons-for-dismissal/ "Six Fair Reasons"); 2. The reasonableness of the employer’s actions in dismissing the employee, including whether they followed a fair procedure, such as the [ACAS Code of Conduct](https://www.masonbullock.co.uk/crucial/ "ACAS Code of Practice on Disciplinary and Grievance Procedures"). ## **What is a constructive dismissal?** A constructive dismissal occurs when an employee resigns in response to the employer’s conduct. In one sense, it’s not a dismissal at all. It’s a resignation. In order to claim constructive dismissal, the employee will need to prove three things:- 1. The employer committed a very serious breach of the employment contract; 2. The employee resigned in response to that breach and not for any other reason; 3. The employee did not wait too long before resigning. So unfair dismissal and constructive dismissal are very different concepts. However, they do have some things in common. ## **Entitlement to compensation** Whether or not an employee is unfairly dismissed or constructively dismissed, they are entitled to be compensated in the same way. This would usually include a basic award which is calculated in exactly the same way as a redundancy payment. It would also include a compensatory award which is calculated by reference to the lost earnings resulting from the employee losing their job. This means that the compensation is much higher if the employee is out of work for longer. ## **Qualifying period** Whether the employee is claiming unfair dismissal or constructive dismissal, they will normally need to show that they have been employed for the minimum qualifying period. The minimum length of service for bringing a claim is two years, unless the employee began work before 1 April 2012, in which case the minimum period is one year. For some types of unfair dismissal and constructive dismissal claims, there is no qualifying period. For example, if the employee is claiming that they were unfairly dismissed for a pregnancy related reason. ## **Time limit for bringing a claim** Whether or not the employee is claiming unfair dismissal or constructive dismissal, they must commence their claim within three months of the termination date. Otherwise, they will be out of time. **Categories:** Employment Law, Unfair Dismissal --- ### [10 Things You May Not Have Known About Settlement Agreements](https://www.masonbullock.co.uk/10-things-you-may-not-have-known-about-settlement-agreements/) **Published:** December 5, 2014 **Author:** Andrew Crisp **Content:** ![10 Things About Settlement Agreements](https://www.masonbullock.co.uk/wp-content/uploads/2014/12/Surprised-300x200.jpg "Surprised | Mason Bullock Solicitors")How much do you know about settlement agreements? Whether you’re an employer who issues settlement agreements regularly or an employee who’s just been offered one for the first time, there’s probably more for you to learn. In this blog, you’ll discover a few things you may not have known. ## 1. A settlement agreement is only valid if the employee has had legal advice on it The purpose of a settlement agreement is for the employee to waive all of their rights to bring a claim. This puts the employee at risk of giving up rights that they may not fully understand. The requirement for the employee to get legal advice is intended to be a safeguard against an employer unfairly taking advantage of an employee. However, there are other [advantages for the employee in getting good legal advice](https://www.masonbullock.co.uk/3-reasons-you-must-get-legal-advice-on-your-settlement-agreement/). There is no corresponding requirement for the employer to get legal advice – the government felt that employers are big enough to look after themselves! ## 2. There’s no legal requirement for the employee’s solicitor to sign the agreement Although the legal adviser needs to be identified in the settlement agreement, the law doesn’t actually require the solicitor to sign. However, most settlement agreements include a requirement that the adviser signs a certificate confirming that the advice has been given. This removes any doubt about whether not the employee has been properly advised. ## 3. Settlement agreements can be used even when the employee’s employment isn’t coming to an end Although the usual context of a settlement agreement is the termination of someone’s employment, they can be used in other circumstances. Some claims, such as discrimination or breach of contract, can be brought even while the employee is still employed. Sometimes, a claim can arise even when there has never been an employment arrangement, for example where a prospective employee alleges that there was discrimination in the recruitment process. Settlement agreements can be used in any of these situations. However, there is a trap for the unwary! The [tax exemptions that usually apply to compensation paid at the end of someone’s employment](https://www.masonbullock.co.uk/tax-on-settlement-agreements/) doesn’t apply if the employment is still continuing. ## 4. A settlement agreement isn’t the only way to settle an employment dispute The law limits the ways that employees can settle employment disputes. However, a settlement agreement isn’t the only way. An employee can also settle an employment dispute by involving ACAS. When an employee submits to arbitration under the Acas arbitration scheme for unfair dismissal claims, the settlement can be reached with the assistance of an Acas conciliation officer. ## 5. Settlement agreements used to be called compromise agreements In July 2013, the government changed the name of compromise agreements to settlement agreements. Their effect was however exactly the same. The reason given is that . . . > “\[settlement agreement\] more accurately describes their content and will help to avoid any party refusing to sign an agreement on the grounds that they do not want to be seen as ‘compromising’. We also believe that ‘settlement agreement’ is a more widely understood term, being used in the treatment of contract claims.” Another change that came into force at the same time allowed employers and employees to have [pre-contract negotiations](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/). ## 6. Future claims can be settled in a settlement agreement Although there has been some debate on the subject, the better view seems to be that it is possible to settle future claims. The Employment Appeal Tribunal said in the case of Hilton UK Hotels Ltd v McNaughton > “whilst parties may agree that a compromise agreement is to cover future claims of which an employee does not and could not have had knowledge, to do so effectively, the terms of their agreement must be absolutely plain and unequivocal. . . If the parties seek to achieve such an extravagant result that they release claims of which they have and can have no knowledge whether those claims have already come into existence or not, they must do so in language which is absolutely clear and leaves no room for doubt as to what it is they are contracting for. . . .we take the view that it would require extremely clear words for such an intention to be found”.” It is therefore possible to settle future claims, even if the employee isn’t aware of them. However, the wording would need to be very clear. ## 7. It’s not just about the money The amount of money offered in a settlement agreement is often the most important part for most employees. However, there are many other things that can be agreed, including: - Contribution to legal fees - Outplacement support (ie help with finding another job) - An agreement that the employee won’t join a competitor - A detailed reference A settlement agreement is a good opportunity to agree these things. ## 8. The “without prejudice” rule A settlement agreement will usually be headed “Without Prejudice”. This means that the employer and employee can discuss proposals freely in negotiations without worrying that what they say may be used in evidence against them. For example, an employer may concede that the employer would have an arguable case for discrimination and is offering compensation on that basis. If the negotiations break down, the employer would not want a tribunal to know that it made that admission. Communications are deemed to be without prejudice is they are made in a genuine attempt to reach a settlement. It’s not actually necessary to use that exact phrase but it’s good practice to do so. It signals a desire to settle matters amicably. ## 9. A settlement agreement is usually the entire agreement Usually, a settlement agreement will include a clause saying that it is the *entire agreement* between the parties. This means that if you think you’ve agreed something that’s not included in the settlement agreement, it may not be enforceable. For example, if either party makes a promise verbally or in an email, it won’t be enforceable unless it’s in the settlement agreement. This may include an employer’s promise - to pay a bonus - to provide a detailed reference - to allow the employee to keep their mobile phone. Or it may be that the employee has agreed in a separate document not to work for a competitor. None of these promises are enforceable unless they are included in the settlement agreement. ## 10. Enforcing a settlement agreement What happens if either party breaches the settlement agreement? For example, the employer may not pay the amount agreed with the employee. Or the employee may decide to bring a tribunal claim anyway. If either party believes that the other party is in breach, they can bring a claim in the civil courts or the employment tribunal. However, they can only bring a claim in the employment tribunal if the settlement agreement was entered into before the end of employment. ## Contact Us For Advice on Your Settlement Agreement If you have received a settlement agreement, you will need to make sure you receive legal advice on it. We advise clients throughout the UK. Call us now for a free consultation. ### From a landline: 0800 531 6050 From a mobile: 0330 333 6050 Alternatively, complete the form below and we’ll contact you. ## Contact Us for a Free Consultation If you would like a free consultation about your settlement agreement, complete the form below and we’ll give you a call. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [What Redundancy Selection Criteria Should Your Employer Use?](https://www.masonbullock.co.uk/redundancy-selection-criteria/) **Published:** July 9, 2020 **Author:** Andrew Crisp **Content:** ![Selection-Criteria](https://www.masonbullock.co.uk/wp-content/uploads/2020/07/Selection-Criteria.png "Selection-Criteria | Mason Bullock Solicitors") If your employer believes they need to make redundancies, they will need to follow a fair procedure before deciding who to make redundant. This includes choosing the right criteria by which they can decide which of their staff to make redundant. This article explains the types of criteria your employer should be applying. ## Objective v Subjective Criteria Should your employer use objective or subjective selection criteria? Objective means relying on hard facts that are easy to measure. Common objective criteria include: - length of service - disciplinary record - skills and qualifications - experience - timekeeping Subjective means impressions or judgments that may vary from one manager to another. Subjective criteria are often more vague and may include qualities such as: - attitude - flexibility - potential - company values These subjective criteria are more difficult to measure. Ideally, your employer should use objective criteria. However, the commercial reality is that employers can’t always assess an employee against objective criteria. As in area of business development, there’s always room for personal judgment and opinion. There is no obligation on an employer to use objective criteria. However, employers do have to use *reasonable* criteria and score people reasonably. This may be easier for your employer to prove if they have applied objective selection criteria. ## Clarity of Criteria In order to score employees properly, the criteria need to be clear. The following criteria are likely to be too nebulous: - creativity - challenge - focus - awareness - teamwork It will be difficult for managers to score employees accurately with such vague criteria. Sometimes, however, an employer can use less specific criteria, provided they also provide a scoring guide which explains what sort of thing managers should be looking for when deciding what score to give. ## The matrix method In simple terms, the matrix method of scoring means scoring the employees against each of the chosen criteria and adding up the scores at the end. Some employers use a very simple matrix of, perhaps, only 3 criteria. A simple matrix is easy to understand, both for managers doing the scoring and employees at risk of redundancy. Others use a much more complex matrix. Although this may be more difficult to understand, having more variables can help to ensure the employer selects the best employees to remain. Having carried out the scoring exercise, your employer can then make a reasonable decision as to who should be made redundant. Although you are entitled to see the scores you have been given, your employer doesn’t have to show you how your colleagues were scored. Arguably, a reasonable employer should at least let you know the “break point” – that is the scoring you would be expected to achieve in order to avoid redundancy. ## Length of service – “Last in First Out” Last in First Out (“LIFO”) used to be the most common criterion for selecting staff for redundancy. It’s the method with the least room for subjectivity. However, LIFO has the potential to be unlawful because the last in are generally the youngest, which means an employee may be able to bring an age discrimination claim. These days, it’s probably fair for employers to use length of service as a ‘tie breaker’ if employees are equal on other criteria. However, it shouldn’t be used as the sole or dominant factor, ## Performance and skills Performance in the job is a perfectly reasonably criterion to use when selecting employees for redundancy. However, the employer does need to make sure they have clear performance data, such as sales figures or productivity targets. Otherwise, it will be difficult for an employer to justify their decision. ## Absence related criteria Absence records can be used as redundancy selection criteria, provided that the employer does not take account of absences resulting from: - maternity leave - parental leave - time off to care for dependents in an emergency Employers can include sickness absence but may need to make adjustments for employees who suffer from a disability. Absence should be measured over a long period, ideally between one and two years. ## Cost to the business Often an employer will want to take the approach of selecting employees for redundancy on the basis of cost saving. This can work in two ways: 1. The employer may want to make redundant those employees who earn the most in order to avoid having to pay their salary in the future 2. Alternatively, they may want to dismiss those staff with the the shortest length of service because that will mean lower redundancy payments. There’s nothing wrong with an employer taking account of cost to the business as a factor in determining who should be made redundant. However, it shouldn’t be the only factor. ## Other criteria Other criteria that employers may want to apply include: ### Flexibility Your employer can include flexibility as long as they can measure it properly and it’s based on real examples. The flexibility expected from the employee, such as willingness to move to a different workplace, would need to be reasonable. ### Disciplinary record It’s fine for an employer to take into account an employee’s disciplinary record. However, they shouldn’t include expired warnings. ### Part time workers Your employer should not usually take into account whether an employee is part time. This is likely to be discrimination against part-time workers, which is in breach of the *Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000*. ### Automatically Unfair Reasons Some criteria are automatically unfair and can’t be justified. These include selecting an employee because they: - refused to work in a dangerous situation - was a shop worker and refused to work on Sundays - rejected a request to work more than 48 hours per week ## What happens if your employer doesn’t apply fair selection criteria? If your employer doesn’t apply fair selection criteria, this may be a ground for you to claim unfair dismissal. Alternatively, if they choose fair criteria but score you irrationally, this may also give rise to a legal claim. Even if you would prefer to avoid the hassle of an employment tribunal claim, you may be able to persuade your employer to pay you more money by using the threat of an unfair dismissal claim as leverage in [negotiating a settlement agreement](https://www.masonbullock.co.uk/negotiate-settlement-agreement/). There are a number of reasons [why a settlement agreement is usually a better option than an employment tribunal claim](https://www.masonbullock.co.uk/settlement-agreement-beats-employment-tribunal-claim/). ## Would You Like a Free Consultation About a Settlement Agreement? If you’ve received an offer of a settlement, you’ll need to make sure you receive legal advice on it. We advise clients throughout the UK. Call us now for a free consultation. ### From a landline: 0800 531 6050 ### From a mobile: 0330 333 6050 Alternatively, complete the form below and we’ll contact you. ## Contact Us for a Free Consultation If you would like a free consultation about your settlement agreement, complete the form below and we’ll give you a call. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Redundancy, Settlement Agreements --- ### [What do you do if an employee is sick whilst on holiday?](https://www.masonbullock.co.uk/sickness-holiday/) **Published:** July 4, 2012 **Author:** Andrew Crisp **Content:** What happens when a member of staff is sick while on annual leave? Sometimes employees may feel they have been deprived of their holiday if they were ill whilst on annual leave. Is that just tough luck for them or can they take their holiday another time? According to a recent European Court decision, they can reschedule their holiday for another time. This may be bad news for employers who feel that employees may abuse this right. **What steps should you take to prevent abuse by employees claiming to be sick whilst on holiday?** You may want to consider the following points:- 1\. The chance of abuse is likely to be much less where employees are only entitled to statutory sick pay (SSP), as opposed to full salary whilst off sick. The three-day waiting period (during which no SSP is due), together with the low value of SSP, are themselves likely to make the option of turning paid holiday into sick leave less attractive. 2\. If you provide contractual sick pay, you can require employees to report sickness to their manager on the first day, and require medical evidence for longer absences. 3\. You can limit sick pay where the worker falls ill during holiday; for example, by withholding contractual sick pay unless medical evidence (over and above self-certification) is produced. However, this approach might require changes to contracts of employment, and could also imply a lack of trust and therefore send the wrong message. Moreover, workers on holiday outside the UK might not be able to report sickness at the time or get the required medical evidence. Even if they are on holiday in the UK, doctors’ notes for short periods of sickness might prove difficult to obtain. 4\. Recording and monitoring sickness absence properly will help to identify abuse of the system. You should make staff aware that any such abuse could lead to disciplinary action. 5\. You only have to pay sick pay if the employee would be unfit to do their job. The fact that a worker cannot “enjoy” their holiday (for example, because a sprained ankle makes skiing impossible) is beside the point, and need not be treated as sick leave. This is clearly a tricky issue for employers to manage. If you need help managing a difficult employee or if you want to discuss changing your employment contracts, feel free to call me on **01604 601 575** or complete the form below and I will call you back. \[contact-form-7 id=”852″ title=”Main Contact Form Employers”\] **Categories:** Uncategorized --- ### [3 Reasons to Use an Employment Solicitor to Help Protect Your Business](https://www.masonbullock.co.uk/5-reasons-to-use-an-employment-solicitor/) **Published:** June 4, 2014 **Author:** Andrew Crisp **Content:** [![Employment Solicitors Help Protect Your Business](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/Employment-Law-Firm-300x283.jpg "Employment-Law-Firm | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/Employment-Law-Firm.jpg)If you’re an employer, you’re probably aware of the many resources available to help you fulfil your duties towards your staff. Organisations such as ACAS do a great job in providing guidance and help for the many situations that arise when employing staff. They even offer a free advice line. So, with all this available, why would you want to use an employment solicitor? Isn’t that just an unnecessary expense? Here are a few reasons to use an employment solicitor to ensure your business is fully protected. ## 1. An employment solicitor will tell you the ‘bad news’ so you can do something about it I was chatting with a friend recently who was telling me about a lady he knew who had tragically died of cancer. Like anyone, I’m always sad to hear such bad news and I could tell that he found it upsetting too. However, after a brief pause, he said something that took me by surprise. “She was a fool.” he said. I was shocked. What a harsh judgment of someone who’s just suffered a premature death! Then he explained. “She was a fool! She received letter after letter from the hospital asking her to come in for tests. She just ignored them – didn’t even open them – just threw the letters in the bin!” The letters were warning her that she was at increased risk of cancer because of her family history. If she’d responded in time, she could have been saved. We can all be guilty of burying our heads in the sand and ignoring risks, hoping that it will never happen to us. This is as true for businesses as it is for individuals. An employment solicitor will help to keep your business on the right path by keeping you up to date with changes in the law. Even if it might seem like ‘bad news’ for your business, we’ll tell you what you need to do to ensure you stay out of trouble. ## 2. A stitch in time saves nine Many businesses don’t involve solicitors until it’s too late. I was recently approached by a Northampton business that had sacked one of its managers for, among other things, theft, fraud and abuse of position. The manager was clearly guilty and received a police caution. However, she was still able to claim compensation because the employer had failed to carry out a proper investigation or follow a fair procedure. The employer had to pay thousands of pounds that could have been avoided if they’d contacted us straight away. What might seem like a cost saving in the short-term often turns out to be an expensive mistake in the end. ## 3. Sleep better! Do you ever lie awake at night worrying about your business? Employing staff can be a minefield and the law seems to change several times a year. It’s hard to keep up and you don’t know whether you’re going to end up being penalised. By using an employment solicitor, you can have the peace of mind of knowing that: - all your contracts and policies are up to date - you’re following the right procedures - you can get the right legal advice when you need it Now that’s got to be better than taking sleeping tablets! **Categories:** Employment Law --- ### [Need Advice on a Settlement Agreement? 5 Things You May be Asked](https://www.masonbullock.co.uk/advice-on-settlement-agreement/) **Published:** February 23, 2015 **Author:** Andrew Crisp **Content:** As an employment solicitor, I’m often asked to advise employees on their settlement agreement. Broadly speaking clients can fall into one of two categories: - **Client 1:** “Everything’s agreed. I don’t really want legal advice but I’ve been told I have to get it. Let’s get this over as quickly as possible” - **Client 2:** “They’ve got my name and address right but other than that I want to challenge every clause and get as much out of them as I can.” OK. That’s a bit of an exaggeration (but only a bit) and most clients are somewhere in the middle. Either way, I have a checklist of questions that I run through with clients to make sure I give the right advice and they get the best deal. If you’re intending to get advice on your settlement agreement, here are 5 questions you’re likely to be asked. ## 1. How long have you been employed? This affects everything. By signing the settlement agreement, you give up all of your employment rights. If you’ve been employed less than two years, [your employment rights are significantly limited](https://www.masonbullock.co.uk/two-years/) anyway. This means that there isn’t much incentive for the employer to increase the payment. They could simply terminate your employment with the required notice and you could do nothing about it. No matter how unfairly you feel your employer has treated you, without more than two years’ service, there’s not much you can do about it, which means you may be better off accepting the settlement agreement. ## 2. How long do you expect to be out of work? The most significant issue that an employment tribunal would consider is your lost earnings for your time out of work. OK. I realise you may not want to pursue an employment tribunal claim but if you know how much compensation you’re likely to get in a successful claim, it give you an idea of a figure you should be aiming for. The likely amount of your lost earnings is one of [the factors that will affect the amount you should expect in a settlement agreement](https://www.masonbullock.co.uk/settlement-agreement-how-much/). If you’re likely to find a job straight away, your compensation is likely to be low and may be less than you’re being offered in the settlement agreement. Even if you would have a cast iron case for unfair dismissal, you’d be better off accepting the settlement agreement. ## 3. What are the circumstances leading to your employer offering you the settlement agreement? This question only really needs to be asked after you’ve answered the first two questions. If you have been employed more than two years and you’re not receiving as much as you would get in an employment tribunal, you need to find out whether there’s scope for negotiating. These are the kinds of questions you need to be ready to answer: - Have you been dismissed? - If so, did the employer follow a fair procedure and have reasonable ground for the dismissal? - If you haven’t been dismissed, has there been a breakdown of the relationship? - Is the employer at fault? - What happens if you don’t sign a settlement agreement? Give the full story. Provide your employment lawyer with any disciplinary and grievance letters. Only then can they really advise you on what you should accept by way of a settlement agreement. ## 4. Can I see your employment contract? The content of the employment contract can affect the settlement agreement in a number of ways. Here are a couple of things that will need to be checked ### i) Is there a payment in lieu of notice clause? Often a settlement agreement includes payment of a taxable payment in lieu of notice (PILON). However, PILONs [don’t have to be taxable](https://www.masonbullock.co.uk/tax-on-settlement-agreements/) and your solicitor may be able to negotiate a re-wording of the settlement agreement to have the same amount paid tax free. Alternatively, it may be that you’re receiving a tax free PILON and you need to aware of any risk that HMRC may claim that it should have been taxed. ### ii) Are there any restrictions that apply after the end of employment? Many employment contracts contain restrictive covenants that prevent the employee from working for a competitor, poaching their customers or interfering with suppliers. Often the settlement agreement will contain a clause stating that these restrictions will continue to apply. If so, you’ll need to ask your solicitor to advise on how the restrictions may affect you. It may be possible to reduce or extinguish the restrictions as part of the negotiating process. ## 5. Where to send the invoice Usually the employer agrees to pay the employee’s legal costs in full. However, you will need to give your adviser the correct contact details at your employer. Otherwise, you may find that the invoice goes to the wrong person and gets lost somewhere in the system. Getting a name and address ensures that the invoice goes where it should and you get paid on time. ## Would You Like a Free Consultation About Your Settlement Agreement? If you have received a settlement agreement, you will need to make sure you receive legal advice on it. We offer a free initial consultation. Our advice will include:- - An explanation of how the settlement agreement will affect you; - Our opinion on the suitability of the offer and whether there is scope for negotiating a higher settlement for you; - Consideration of the tax implications and whether, the payments are being made in the most tax-efficient way. We advise clients throughout the UK and there’s no need to make an appointment. Call us now for a free consultation. ### From a landline: 0800 531 6050 ### From a mobile: 0330 333 6050 Alternatively, complete the form below and we’ll contact you. ## Contact Us for a Free Consultation If you would like a free consultation about your settlement agreement, complete the form below and we’ll give you a call. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Settlement Agreements --- ### [4 Questions All Employment Solicitors Should Ask Before Advising on a Dismissal](https://www.masonbullock.co.uk/4-questions-all-employment-solicitors-should-ask-before-advising-on-a-dismissal/) **Published:** January 14, 2015 **Author:** Andrew Crisp **Content:** ![Employment Solicitor Giving Legal Advice](https://www.masonbullock.co.uk/wp-content/uploads/2015/01/Employment-Solicitor-Advising-300x200.jpg "Employment Solicitor Advising | Mason Bullock Solicitors") Before I became an employment solicitor, if someone asked me a question about how to dismiss an employee, I would have to shrug my shoulders and reply “I don’t know”‘. Now, having spent 3 years at university, a year at law school, two years training and with 15 years experience as a solicitor, when someone asks me if they can dismiss an employee, I can look them squarely in the eye and with great confidence reply “It depends”. Such is the nature of employment law. There are rules, exceptions to the rules and exceptions to the exceptions. In order to answer an employer’s question about dismissing an employee, I need to find out more information. Here are 5 questions all employment solicitors should ask before advising on a dismissal. ## 1. How long has the employee been employed for? This question is crucial. If the employee has been employed for less than two years, they don’t have the right to claim ordinary unfair dismissal. The risks are much lower ([although it’s not without its dangers](https://www.masonbullock.co.uk/two-years/)). In most situations, the employer could just call them in, tell them they’re fired and there’s nothing the employee can do about it. The employee is still entitled to their notice pay and other contractual entitlements, such as holiday, but they won’t usually be able to claim unfair dismissal. When asking about length of service, don’t forget to ask about TUPE. Was the employee employed with a previous employer and then transferred to the current employer? Service with the previous employer will count towards their length of service. Some employers may overlook this issue if you simply ask how long the employee has been employed. As employment solicitors, we need to be dig a bit deeper. ## 2. What is the reason for wanting to dismiss the employee? If the employee has been employed for under two years, the employer doesn’t need to be too concerned about having a fair reason to dismiss because the employee doesn’t have the right to claim unfair dismissal. However, there are some claims that the employee could bring which don’t require two years’ service, most notably a claim for discrimination. You need to determine whether there’s a risk of the employee claiming that they are being dismissed because of a protected characteristic, such as their: - gender - racial background - disability - etc You can see [a full list of the protected characteristics](https://www.masonbullock.co.uk/what-is-a-protected-characteristic/) here. If the employee has been employed for over two years, the risks of dismissing them are much higher. They have the right not to be unfairly dismissed. If the employer doesn’t get it right, the employee could bring a claim for compensation. There are only [six potentially fair reasons](https://www.masonbullock.co.uk/6-reasons-for-dismissal/) for dismissing an employee and you will need to consider whether the reason given by the employer is one of them. ## 3. Can you send me a copy of the employment contract, staff handbook and any other relevant documents? As an employment solicitor, I want to see the contract before I give advice. After all, this sets out what the employee is paid to do. Ideally, I also want to read the job description and any targets that have been set, particularly if the employee has been falling short of agreed benchmarks. The staff handbook (which may or may not have contractual force) should include disciplinary rules and procedure. The employer should make sure they follow the procedure. It’s surprising how many employers have a well drafted disciplinary procedure but forget to refer to it when the time comes. ## 4. Have you considered a settlement agreement? A disciplinary procedure is hard work and potentially demoralising and expensive. There is an alternative. The employer may be able to shortcut the whole procedure by agreeing a [settlement agreement ](https://www.masonbullock.co.uk/compromise/)with the employee. Although some employers may feel that this is giving in and rewarding the employee for their shortcomings, most employers will be able to take a commercial view and recognise the benefits. As an employment solicitor, you may need to explain to the employer how and when to have an [off the record conversation](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/) with the employee. Once you’ve got the answers to these questions, you’re well placed to advise the employer. ## Are you an employment solicitor? Would you like to offer some tips of your own? If you make your living from advising employers about disciplinary and dismissal procedures, what tips would you like to offer to your fellow employment lawyers? Let me know. Leave a comment below . . . **Categories:** Employment Law **Tags:** Blogs for Employment Solicitors --- ### [Age Discrimination - Sometimes it's OK!](https://www.masonbullock.co.uk/age-discrimination/) **Published:** August 1, 2012 **Author:** Andrew Crisp **Content:** ![Age Discrimination](https://www.masonbullock.co.uk/wp-content/uploads/2012/08/age-discrimination-282x300.jpg "age-discrimination | Mason Bullock Solicitors")An American friend of mine once commented that they would never have a sign like this one in his country! He said it was patronising. Let’s face it, he’s probably right! The image of old people as hunch-backs with a walking stick isn’t particularly dignifying. I suspect that one day, the sign will be abolished! ## So what’s this got to do with employment law?! Well, as an employer, you know (or ought to know!) that you can’t treat someone less favourably just because of their age. That’s age discrimination. But you may be surprised to know that sometimes it’s OK! In certain circumstances, your business may be able to justify treating employees differently because of their age. Here are 7 of the most common exceptions to the age discrimination rule. ## 1. Service-related benefits Your business is allowed to provide benefits which reward long service, such as: - Extra days’ holiday - Incremental pay - Share options. However, if the benefit is affected by length of service of over five years, you will need to be able to show that it fulfils a business need, such as encouraging loyalty. ## 2. Paying the minimum wage The minimum wage varies depending on how old the employee is. The rates change each year. You can view the current rates (and those of previous years) here: https://www.gov.uk/national-minimum-wage-rates ## 3. Redundancy pay The minimum redundancy payment the law requires you to pay is potentially discriminatory as it is calculated based on age or length of service. If you have an enhanced redundancy scheme that is calculated along similar lines, this will not be regarded as discriminatory. ## 4. Insurance benefits Your business is entitled to provide employees with access to insurance or a related financial service up to the age of 65. ## 5. Retirement There is no longer a default retirement age allowing you to automatically retire all employees when they reach age 65. Although your business can still have a retirement age that applies to all employees, you will need to be able to show that the compulsory retirement of an employee achieves a legitimate aim. Legitimate aims can include: - Promoting access to employment for younger people. - Efficient planning of the departure and recruitment of staff. - Sharing employment opportunities fairly between the generations. ## 6. Occupational requirements In some (rare) circumstances, your business can stipulate that, because of the nature of the job in question, only people in a particular age group can do the job. An obvious example is that it could be considered necessary for those in the fire service to be younger than a certain age so as to be able to perform physically demanding tasks such as fire-fighting and rescue. ## 7. Positive action Your business can take positive action if you think any of your employees are disadvantaged or under-represented because of their age. For example, if the majority of your employees are under the age of 40, you could place a job advert encouraging applications from all age groups, especially applicants over the age of 40. This is risky though and could land you in a Tribunal if you don’t get it right! ## And finally . . . If you need help managing your staff and avoiding the pitfalls, why not give me a call on **o1604 619 810** for a free chat about our services. Or complete the form below and we will call you. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Uncategorized --- ### [Fame at Last! My Recent Radio Interview about Part-Time Workers](https://www.masonbullock.co.uk/part-time/) **Published:** July 24, 2013 **Author:** Andrew Crisp **Content:** I was recently interviewed on BBC Radio Northampton about a report by the Timewise Foundation which suggested that part-time workers continue to suffer discrimination. Have a listen to find out more about the rights of part-time workers. **Categories:** Employment Law --- ### [Can I Claim Back My Solicitor's Fees if I Win My Case?](https://www.masonbullock.co.uk/solicitors-fees/) **Published:** June 17, 2014 **Author:** Andrew Crisp **Content:** [![Can You Recover Your Solicitor's Costs?](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/Solicitors-Costs-300x300.jpg "Solicitors-Costs | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/Solicitors-Costs.jpg)One of the most important issues you need to consider when using a litigation solicitor is the likely cost and whether you will be able to recover your costs if your case is successful. There are a number of rules and principles that govern the recovery of legal costs. I’ve set out below some of the key points you need to be aware of. ## Recovery of legal costs is always at the discretion of the court There isn’t an absolute right to recover your legal costs, even if you win. The court will need to exercise its discretion before making a decision. This does not mean that it’s completely arbitrary. There are certain principles that the court must follow when exercising its discretion. ## The general rule is that the loser pays the costs of the winner In most cases, where there is a clear winner and loser, it’s likely that the loser will be ordered to pay the legal costs of the winner. This is an important factor that you will need to weigh up when assessing the risk of losing a case. Not only might you have to pay your own legal costs, you may also have to pay the other side’s costs too. ## You almost certainly won’t recover all of your solicitor’s costs The courts will only award costs that are reasonable and proportionate. There is a process by which the courts will assess the successful party’s costs. This almost always leads to certain costs being disallowed. We usually advise that a successful party will recover about 70% of its legal costs. ## Costs are very rarely awarded for small claims If a claim is for less than £10,000 it will almost certainly be allocated to the Small Claims Track, often referred to as the Small Claims Court. In the Small Claims Track, the court will only usually allow the successful party to recover very limited costs, such as court fees and witness expenses. A more substantial costs order will only be made if one of the parties has behaved unreasonably. Examples of unreasonable behaviour are rare but include lying or pursuing a claim that has no prospect of success. If you use a solicitor for a claim that is of particularly low value, there’s a very real risk that the costs of pursuing it will outweigh the amount claimed. ## You’re unlikely to recover your legal costs if the case settles before court proceedings are started Usually, you can only expect to recover your legal costs if you have actually begun the court process. There are some exceptions to this but usually you will not recover legal costs if court proceedings aren’t issued. ## Your solicitor is required to give you information about costs at the outset One of the most important issues you should discuss with your solicitor is the likely level of legal costs. In larger cases, this could be significant. Your solicitor should also advise on the likelihood of: - recovering those legal costs if you’re successful - having to pay the other party’s legal costs if you’re not. A full discussion about costs will help you to decide how best to approach the litigation. **Categories:** Uncategorized --- ### [Changes to National Minimum Wage and National Living Wage](https://www.masonbullock.co.uk/changes-to-national-living-wage/) **Published:** October 4, 2016 **Author:** Andrew Crisp **Content:** In case you hadn’t heard, some of the national minimum wage rates changed on the 1st October 2016. The current rates are now: - The rate for workers aged 21 to 24: up 3.7% to £6.95. - The development rate (workers aged 18 to 20): up 4.7% to £5.55. - The young workers rate (non-apprentices aged under 18 but above compulsory school age): up 3.4% to £4.00. - The apprenticeship rate: up 3% to £3.40. - The accommodation offset limit: up to £6.00. The National Living Wage applies to workers aged 25 and over is unchanged at £7.20 an hour. A quick way to calculate whether you’re paying the national minimum (or living) wage is by using the [ACAS calculator](http://www.acas.org.uk/index.aspx?articleid=1902). Although it’s designed to help employees rather than employers, it’s still a useful tool. If you do have any questions about the national living wage, feel free to get in touch. **Categories:** Uncategorized --- ### [Can Employees Carry Their Holiday Entitlement Forward to the Next Year?](https://www.masonbullock.co.uk/holiday-entitement/) **Published:** June 27, 2012 **Author:** Andrew Crisp **Content:** Do your employees take all of their holiday entitlement? A recent report revealed that many employees feel under pressure not to take all of their holiday. Helen Blaby recently interviewed me on BBC Radio Northampton about this very subject. It includes a useful reminder of the law in this complex area. Click below to hear the interview. **Categories:** Uncategorized --- ### [The National Minimum Wage - Our Employment Solicitors Explain What You Need to Know](https://www.masonbullock.co.uk/the-national-minimum-wage-our-employment-solicitors-explain-everything/) **Published:** September 30, 2014 **Author:** Andrew Crisp **Content:** The National Minimum Wage (NMW) goes up on the 1st October – a chance for our employment solicitors to get in touch with a brief summary. By way of background, the NMW was introduced in April 1999. At the time, the NMW was only £3.60 per hour for employees over the age of 21 and £3.00 for those aged 18-21. At the time, 1.9 million people were earning less than that. The Low Pay Commission was set up by the government to review the NMW annually. In response to their findings, the government adjusts the NMW on the 1st October each year. So, from today, the National Minimum Wage is: 1\. Standard Adult Rate (for workers aged 21 and over): **£6.50** 2\. Development Rate (for workers aged 18 to 20): **£5.13** 3\. Young Workers Rate (workers above the compulsory school leaving age but under 18): **£3.79** 4\. Apprenticeship rate (apprentices under 19 years of age or those aged 19 and over but in the first year of their apprenticeship): **£2.73** If you need advice on the National Minimum Wage, please contact an employment solicitor for advice. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Uncategorized --- ### [How Long Should an Employee be Given to Get Legal Advice on a Settlement Agreement?](https://www.masonbullock.co.uk/when-to-get-legal-advice-on-your-settlement-agreement/) **Published:** April 25, 2014 **Author:** Andrew Crisp **Content:** If your employer has offered you a settlement agreement, you may have been told that they require a response within a short amount of time, for example by the end of the week. This will mean that you’ll need to get legal advice as soon as possible. Is this fair? Can an employer insist on such a tight timescale for responding to the offer, particularly since you’ll want to speak to a solicitor before you make a decision? ## What does the law say? Although the law requires an employee to obtain legal advice on a settlement agreement, there’s not stipulation as to how long they should be given to do that. There’s also no legal requirement for an offer to be kept open for a minimum length of time. It is only an offer and it is your decision whether to accept or refuse it. The employer can withdraw the offer at any time before it has been signed by both parties. In reality, this rarely happens because the employer is usually keen to finalise matters sooner rather than later. If you need extra time in order to get legal advice on a settlement agreement, you may want to ask your employer for an extension. ## The ACAS Code of Practice on Settlement Agreements The ACAS Code of Practice recommends a minimum period of 10 days for considering an offer. This is not a legally binding requirement but it is something that an employment tribunal would take into account in determining whether an employer has acted reasonably. If your employer follows this Code, the 10 day period should be enough time to obtain legal advice. ## Seek legal advice straight away If your employer insists on an early response to their offer, you should immediately contact a solicitor who is able to provide you with the help you need to reach a decision. Many solicitors are able to give initial legal advice on a settlement agreement quickly and easily by telephone and email, usually without charge. **Categories:** Settlement Agreements --- ### [Northampton Radio Interviews Employment Solicitor, Andrew Crisp, about Flexible Working](https://www.masonbullock.co.uk/flexible-working-northampton-employment-solicitors/) **Published:** July 3, 2014 **Author:** Andrew Crisp **Content:** BBC Radio Northampton recently did an item about the new [Flexible Working Regulations](https://www.masonbullock.co.uk/flexible/) including an interview with our employment solicitor, Andrew Crisp. Click on the video below to hear it . . . Although I don’t expect the new regulations to make a massive difference, it’s important that all employers are aware of them and know how to respond if an employee makes a request to work flexibly. ## Need to speak to an employment solicitor? If you need legal advice on any aspect of employment law, including the Flexible Working Regulations, feel free to contact us. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ **Categories:** Uncategorized --- ### [Due Diligence and Selling a Business: Why You Need a Solicitor](https://www.masonbullock.co.uk/due-diligence-solicitors/) **Published:** July 1, 2014 **Author:** Andrew Crisp **Content:** ![due diligence solicitors](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/due-diligence-300x175.jpg "due-diligence | Mason Bullock Solicitors")If you have ever sold a business you will have been through the process but if you are a first timer to it then you may wonder what the buyer means when he talks about doing “due diligence” or why you need a solicitor to help you with that. ## What’s the issue? There is a long-standing rule of contract law which is stated in the time honoured Latin phrase *“caveat emptor”* which means “let the buyer beware”. In other words, it’s up to the buyer to make sure they’re getting what they are paying for and not the seller to explain or demonstrate it comprehensively. Whilst this principle has been whittled down in some situations by (for example) the Sale of Goods Act and consumer protection legislation, in the case of the sale of a business, the principle still holds good. ## So how can a solicitor help you? It’s a big investment for the buyer and the cost of it proving a bad one could involve huge losses. A business cannot be “inspected” in the same way as a car or piece of machinery can be inspected. Much of it consists of information, even if there are also tangible assets like premises, stock, plant and equipment. The buyer wants and needs that information. On the other hand, why would you, the seller, disclose your commercial secrets to the buyer, particularly before the buyer has decided whether or not to proceed with the purchase, or even make an offer? ### Seller protection It is common practice for the seller and buyer to enter into a “non-disclosure agreement” (NDA) to cover this exchange of information, so that the buyer cannot simply walk off with, say, the seller’s customer list and gain an unfair competitive advantage. Sometimes an NDA may be coupled with giving the buyer a period of exclusivity, during which the seller agrees not to negotiate with any other potential buyer. ### Buyer enquiries Having agreed to respect the confidentiality of the information provided, the buyer will usually serve a long list of questions via its solicitors, designed to elicit information from the seller. These will generally be focussed on issues of a legal and financial nature. At the same time the buyer will be undertaking separate enquires of a commercial and accountancy nature to ascertain the financial strength of the business. On the basis of the responses to the information the buyer may take the view that the business is worth less than it thought and seek a reduction in the price. Though a seller may be tempted, in the light of this risk, to be “economical with the truth” in its replies to buyer enquiries, that is a risky approach to take for the reasons explained next. ## The dreaded warranties Within the contractual documentation for the sale and purchase, the buyer will expect the seller to “warrant” (i.e. guarantee) the truthfulness of the information provided during the due diligence process. In a particularly bad case of seller falsehood, and if the transaction can be undone easily, then the buyer might even be able to rescind (cancel) the contract completely. In most cases, however, that will not be possible and the buyer will be left to claim compensation against the seller for breach of its warranties. ## Is there any escaping warranties? It would be an ill-advised buyer that doesn’t insist on the seller giving some (often extensive) warranties. The seller’s solicitor will, however, ensure that the contract contains provisions limiting the seller’s exposure to claims. For instance, the contract may – - require such claims to be brought within a certain period of time - say that claims below a minimum value cannot be made (so as to avoid costly disputes over disproportionately small amounts of money) - limit the level of compensation to a particular amount. ## The solicitors’ job Because of the potential consequences for seller and buyer respectively, it is common for their solicitors to negotiate over the precise wording of the warranties being requested and being given. The warranties themselves will also be qualified by a disclosure letter and a disclosure bundle, about which more will be said elsewhere. This process can be very time-consuming indeed. In the end, however, the parties to the agreement are the ones who have to make the decision as to what level of commercial risk they are prepared to accept, and to instruct their solicitor accordingly, if they want to ensure that disproportionate amounts of time and money are not spent on fine tuning the words. For more information or to speak to one of our solicitors, please fill in the form below. Oops! We could not locate your form. **Categories:** Uncategorized --- ### [The Right to Request Flexible Working - Our Employment Solicitors Give the Lowdown](https://www.masonbullock.co.uk/flexible/) **Published:** June 13, 2014 **Author:** Andrew Crisp **Content:** [![An Employment Solicitor Explains the Flexible Working Requests Procedure](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/Flexible-Working-300x300.jpg "Flexible-Working | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/Flexible-Working.jpg)You may have read in the press about the new family friendly rights being introduced to enable employees to work more flexibly. What is all this about and how does it affect you? Our employment solicitor, Andrew Crisp, explains. ## Background Since 2003, employees with responsibilities for children or vulnerable adults have been allowed to request flexible hours. It was all part of the government’s drive to make employment more ‘family-friendly’. On 13 November 2012, in its response to a consultation, the government confirmed its intention to extend the right to request flexible working to all employees who have been employed for over 26 weeks. ## The New Procedure The new procedure is intended to be simple enough for all employers to follow without having to consult their employment solicitor (*although you can call me if you need to!)* From 30 June 2014, employees with at least 26 weeks’ continuous employment will be able to make a request for flexible working for any reason. It is no longer limited to those employees who have responsibilities to look after others. The request procedure goes something like this: - The employee triggers the procedure by making a written request. - The employer then has three months to consider the request, discuss it with the employee and notify the employee of the outcome. - The employer must deal with the application in a reasonable manner. - The employee may not make more than one request every 12 months The new law does not expressly give the employee the right to appeal against an unfavourable decision. However, ACAS recommend this, so you may be deemed to have acted unreasonably if you don’t do it. ## What if the employer doesn’t want to accept the request? The employer can only refuse the request if it is for one of 8 potential reasons. These are: - the burden of additional costs; - detrimental effect on ability to meet customer demand; - inability to reorganise work among existing staff; - inability to recruit additional staff; - detrimental impact on quality; - detrimental impact on performance; - insufficiency of work during the periods the employee proposes to work; or - planned structural changes. The [Acas Guide to Handling Requests in a Reasonable Manner](http://www.acas.org.uk/media/pdf/g/h/Handling-requests-to-work-flexibly-in-a-reasonable-manner-an-Acas-guide.pdf) gives observations and provides best practice examples in respect of these reasons. ## A kind offer from the world’s nicest employment solicitor . . . I reckon you need a well drafted policy on flexible working . . . And just to prove that [employment solicitors aren’t as mean as some people would have you believe](https://www.masonbullock.co.uk/jokes/), I’m going to give it you for free! Just fill in your details below and I’ll email it across to you. We’re nice like that! **Categories:** Uncategorized --- ### [Dismissed Someone Unfairly? Don't Fall on Your Sword Just Yet](https://www.masonbullock.co.uk/sword/) **Published:** November 28, 2013 **Author:** Andrew Crisp **Content:** Ever found yourself in hot water by sacking someone without following the rules? Perhaps it was in the heat of the moment. Or maybe you just didn’t know what you were supposed to do. If a former employee is claiming unfair dismissal against you, it can be daunting and you may be wishing you’d taken legal advice sooner. However, all is not lost. Even if you’ve dismissed the employee unfairly, there are various things you can do to protect your business from paying large sums in compensation. Here are a few tips to help ensure you pay no more than you have to. **1 The ex-employee can only recover what they’ve actually lost** Even if a dismissal was unfair, the ex-employee will still have to show they’ve suffered financial loss. Other than the basic award (which is calculated in the same was as a redundancy payment), compensation is calculated by reference to lost earnings. This means that if the ex-employee finds another job very quickly, their compensation will be minimal and possibly nothing. Someone who claims unfair dismissal is required to mitigate their losses. This means that they should be job hunting in same way as they would be if they weren’t bringing a claim. Ask the ex-employee for evidence that they’re applying for work. Make it clear that this is an issue you will raise at the hearing – they can’t just sit back and wait for the compensation to roll in. **2 Would a fair procedure have made any difference anyway?** If the unfair dismissal claim is based on a failure to follow a fair procedure, an employment tribunal will ask whether a fair procedure would have made any difference. If the answer to that question is no, then a tribunal may find that, although the dismissal was unfair, compensation should be limited. Sometimes, this means that the tribunal will consider how long it would have taken to go through a fair procedure. The employee will then be compensated only for their lost earnings for that period, usually just a couple of weeks. Alternatively, a tribunal may decide that the employee would only have had, for example, a 30% chance of being sacked if you’d followed a fair procedure. In these circumstances, the compensation will be reduced by 30%. **3** **Tribunals don’t like awarding compensation to guilty people When determining whether or not you have dismissed fairly, an Employment Tribunal is not interested in whether the employee is guilty of the misconduct. The issue is whether you had a genuinely held belief that the employee was guilty and whether you reached that conclusion after a reasonable investigation and a fair procedure. However, when deciding the amount of compensation, it’s a different matter. The tribunal will consider whether there is any fault on the part of the ex-employee. If there is, they have a discretion to reduce the compensation by up to 100%. **4 Would you be better off settling the claim?** Dealing with employment tribunal claims against your company can be costly, stressful, and time consuming. Find out at an early stage how much the employee is claiming. You’ll be assigned an ACAS officer who will be able to liaise with the employee on your behalf. If their claim is relatively low, you may decide that it makes more commercial sense to settle it rather that defending it all the way to a tribunal. **And finally** If you need help responding to an employment tribunal claim, please feel free to contact Andrew Crisp who will give you all the assistance you need. **Categories:** Employment Law, Unfair Dismissal --- ### [7 Things Employers Need to Know About Handling a Grievance](https://www.masonbullock.co.uk/grievance-procedures/) **Published:** June 21, 2012 **Author:** Andrew Crisp **Content:** Receiving a grievance from an employee can be stressful, frustrating and painful. Nobody likes to have unhappy employees. But it could be be much worse if you handle it wrongly. You could find yourself having to defend an unnecessary Employment Tribunal claim, which will leads to added stress and expense. If you handle the grievance well, that can avoided. You can resolve the problem internally without the need for the employee to take it any further. Here are 7 things you need to know about responding to a grievance from an employee. **1. Follow the ACAS Code** The [Acas Code of Practice on Disciplinary and Grievance Procedures](http://www.acas.org.uk/index.aspx?articleid=2174 "ACAS Code of Practice on Grievance Procedures") was introduced to help businesses and employees resolve grievances in the workplace. **2. How you respond to a grievance can affect the level of compensation if an Employee does bring a claim** If an employee’s Tribunal claim is successful, but either your business or the employee has failed to follow the Acas Code, the level of compensation awarded can be affected: - If your business unreasonably failed to follow the Code, the employment tribunal may increase the employee’s compensation by up to 25%. - If the employee unreasonably failed to follow the Code, the employment tribunal may reduce their compensation by up to 25%. **3. Any grievance should be in writing** A grievance can be any concern, problem or complaint an employee raises with your business. If a grievance cannot be resolved informally, the employee should raise it in writing with a manager (if the grievance concerns their line manager, the grievance should be raised with another manager). **4. Your business should hold a meeting and investigate the complaint** If the employee does raise a formal grievance, you should hold a meeting with the employee to enable them to explain their grievance and how they think it should be resolved. If the matter needs further investigation, you should adjourn the meeting and resume it after the investigation has taken place. When the meeting is concluded, your business should communicate your decision promptly in writing, including details of any action you intend to take to resolve the grievance. **5. The employee can bring a companion** An employee has a legal right to bring a companion (a fellow worker or a trade union representative) to a grievance meeting. However, it would be unreasonable for an employee to bring someone whose presence would prejudice the meeting. **6. The employee has a right of appeal** Your business should inform the employee they have a right of appeal when you communicate your decision. If the employee is not satisfied with the outcome, they should appeal in writing, specifying the grounds of their appeal. The appeal should ideally be dealt with by a manager who has not been previously involved. The employee should be informed in advance of the time and place of the appeal hearing and may bring a companion. Your business should communicate your decision promptly in writing. **7. You may be able to deal with the grievance at the same time as a disciplinary procedure** Employees often submit grievances during disciplinary procedures, either regarding the procedure itself or the circumstances leading up to the initiation of that procedure. Your business must decide whether to suspend the disciplinary procedure to fully investigate the grievance or, if the issues are related, deal with them both concurrently. **And finally . . .** If you would like to discuss dealing with an employee grievance, please feel free to contact us. We’ll be able to help you with:- - Drafting a grievance procedure that’s tailored to your business; - Responding to a grievance; - Staying out of an Employment Tribunal by conducting a grievance procedure effectively. Call Andrew Crisp on **01604 601 575** for more information. **Categories:** Uncategorized --- ## Pages ### [Home](https://www.masonbullock.co.uk/) **Published:** January 16, 2026 **Author:** Andrew Crisp **Content:** # Settlement Agreement Advice for Employees Not sure if your employer’s offer is fair? We’ll review your settlement agreement, explain exactly what you’re giving up, and make sure you don’t sign for less than you deserve. [ Start with a Free Consultation ](#start-consultation) [Trustpilot](https://www.trustpilot.com/review/masonbullock.co.uk) - Find Out if Your Offer is Fair - No Out-of-Pocket Cost - Speak to a Solicitor Today ![Andrew Crisp, Settlement Agreement Solicitor](https://www.masonbullock.co.uk/wp-content/uploads/2025/05/andrew-crisp-employment-solicitor.jpeg "andrew-crisp-employment-solicitor | Mason Bullock Solicitors | Mason Bullock Solicitors") [Andrew Crisp](https://www.masonbullock.co.uk/andrew-crisp-solicitor/), Employment Solicitor ## Has Your Employer Offered You a Settlement Agreement? A settlement agreement is a legally binding contract between you and your employer. In exchange for a financial payment, you agree to waive your right to bring employment claims — including claims for unfair dismissal, discrimination, breach of contract, or unpaid wages. Before you sign, you need to understand what you’re giving up and whether the offer reflects what those claims might actually be worth. That’s where we come in. At Mason Bullock Solicitors, **we advise employees — and only employees** — on settlement agreements throughout England and Wales. We review every clause, explain what it means in plain English, identify anything that could come back to bite you, and negotiate better terms where the case warrants it. In almost every case, your employer pays your legal fees. That usually means **no cost to you at all.** ## Why You Need Settlement Agreement Advice Independent legal advice isn’t optional — it’s a legal requirement. A settlement agreement is only binding if you’ve received advice from a qualified solicitor who is independent from your employer. Without it, the agreement has no legal effect. But this shouldn’t be a box-ticking exercise. The real value of good advice is knowing whether the offer on the table is actually worth accepting. A specialist solicitor should help you understand: - which employment claims you are waiving — and what they might be worth; - whether the compensation payment is reasonable given your circumstances; - whether notice pay, holiday pay, bonus or commission have been correctly included; - whether the tax treatment is right and whether any payment qualifies for the £30,000 exemption; - whether confidentiality clauses and restrictive covenants are fair and proportionate; and - whether there is a realistic basis for negotiating a better deal. Not sure what you’re signing away? [Get a free consultation](#start-consultation) ## Our Settlement Agreement Advice Service Every settlement agreement is different. Our job is to make sure you understand yours — and that you’re not leaving money or rights on the table. ### Reviewing Your Settlement Agreement We go through every clause and explain what it means in plain English. That includes the financial terms, the claims you’re being asked to waive, the tax wording, your reference, confidentiality obligations, post-termination restrictions, and anything else that could affect you once you’ve left. If the terms are acceptable and the agreement is ready to sign, we issue the independent adviser’s certificate your employer needs to make the agreement legally binding. ### Negotiating Better Settlement Agreement Terms If the offer is too low or the terms aren’t right, we’ll advise you on the best way to push back. Sometimes that means we negotiate directly with your employer or their solicitor on your behalf. In other cases — particularly where the approach is more informal — we’ll coach you on how to negotiate yourself, which can be just as effective. Where we do negotiate on your behalf, we offer a no-increase, no-fee arrangement — but only where we think there’s a realistic prospect of improving the offer. We won’t take on a negotiation we don’t believe in. We’ll always give you a clear view of what’s worth pursuing before anything starts. ## What you can expect... ### No Cost to You - Your Employer Pays The initial consultation is always free. In almost every case, your employer’s contribution towards legal fees covers the rest — so you get expert advice without a bill at the end of it. ### We Spot What You Might Have Missed Settlement agreements are prepared by employers and their solicitors. We read them from your side — flagging anything unusual, anything unfair, and anything that could affect you after you leave. ### No Office Visits and No Hassle Everything is handled by phone and email, at a time that suits you. You get the advice you need quickly, without taking time off work or sitting in a waiting room. ## What We Check in Your Settlement Agreement Settlement agreement termWhy it matters to youCompensation paymentWe assess whether the offer reflects your salary, length of service, reason for dismissal, possible claims and negotiating strength, so you know whether the figure on the table is genuinely fair or worth pushing back onNotice pay / PILONPayment in lieu of notice is usually taxable as earnings. We check whether it has been calculated and treated correctly.Tax-free termination paymentSome termination payments may qualify for the £30,000 tax exemption. We check whether the agreement separates taxable and potentially tax-free payments properly.Holiday pay, bonus and commissionWe check whether all outstanding contractual and accrued payments have been included.Restrictive covenantsWe identify clauses that could restrict your next job, clients, business contacts or ability to work in your sector. Some clauses are broader than they need to be and could limit your options without you realising.Confidentiality clausesWe check whether non-disclosure and non-derogatory wording is fair, balanced and realistic.Agreed referenceWe try to secure clear reference wording so you know what future employers will be told.Employer’s legal fee contributionWe check whether your employer’s contribution is enough for the work needed, especially if negotiation is required.Waiver of claimsWe explain which rights you are giving up, so you don’t inadvertently sign away a valuable claim. Want us to check your agreement? [Book a free call](#start-consultation) ## When Is It Worth Negotiating a Settlement Agreement? Not every settlement agreement needs to be negotiated. Sometimes the offer is fair, the process was handled properly, and the right advice is simply to sign. We’ll always tell you if that’s the case. But in other situations, there is a genuine basis for pushing back — and employees who take advice often secure a better outcome than those who don’t. It may be worth exploring negotiation if: - your employer has not followed a fair redundancy or dismissal process; - you may have an unfair dismissal or constructive dismissal claim; - there are possible discrimination, whistleblowing, maternity, disability, sickness absence or grievance issues; - your notice pay, holiday pay, bonus or commission is missing or unclear; - the compensation payment does not reflect the legal risk to your employer; - your employer wants you to leave quickly; - the agreement contains harsh restrictive covenants; - the confidentiality wording is too wide; - the reference wording is weak or absent; or - the employer’s contribution towards your legal fees is too low. If you’re not sure whether your situation warrants negotiation, that’s exactly what the free consultation is for. Ready to find out if your offer is fair? Your first call is free. [Get a Free Consultation](#start-consultation) ## What Happens When You Contact Us? ### Step 01 ### Request a Free Advice Call In a free consultation of up to 30 minutes, you’ll speak directly with an employment law specialist. We’ll talk through your situation, review what’s being offered, and give you a clear picture of where you stand — with no obligation to proceed. ![Calling for a free settlement agreement consultation](https://www.masonbullock.co.uk/wp-content/uploads/2026/01/settlement_agreement_consultation.png "settlement_agreement_consultation | Mason Bullock Solicitors | Mason Bullock Solicitors") ### Step 02 ### Review Your Settlement Agreement Send us your agreement and we’ll go through every clause. We’ll explain what it means, flag anything that needs attention, and give you a clear recommendation on whether to sign, push back, or negotiate. ![Legal advice on settlement agreement](https://www.masonbullock.co.uk/wp-content/uploads/2026/01/free_consultation_settlement_agreement.png "free_consultation_settlement_agreement | Mason Bullock Solicitors | Mason Bullock Solicitors") ### Step 03 ### Negotiate If It's Worth It If there’s a realistic basis for improving the offer, we’ll advise you on the best approach — whether that means we negotiate on your behalf or coach you to do it yourself. We’ll always be straight with you about what’s worth pursuing. ![Negotiate Settlement Agreement](https://www.masonbullock.co.uk/wp-content/uploads/2020/01/how-to-get-settlement-agreement-1.jpg "how-to-get-settlement-agreement | Mason Bullock Solicitors | Mason Bullock Solicitors") ### Step 04 ### Finalise with Legal Sign-Off Once everything is agreed, we guide you through the signing process, issue the independent adviser’s certificate your employer needs, and send our invoice directly to them. You’re done. ![settlement agreement advice received](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/ccj-set-aside.jpg "| Mason Bullock Solicitors | Mason Bullock Solicitors") Ready to get started? [Call for a free consultation](#start-consultation) ## Why Choose Us? ### We Only Act for Employees We never act for employers. That means our advice is always independent, always in your corner, and never influenced by the other side. ### Speak to a Solicitor Before Your Commit Your first call is free and lasts up to 30 minutes. You’ll speak directly with an employment law specialist, with no obligation to proceed afterwards. ### 25+ Years in Employment Law Specialist solicitors who have seen every variation of these agreements — not generalists who handle them occasionally. ### No Cost to You in Most Cases We invoice your employer, not you—so you get expert legal advice without the stress of paying out of pocket. ### Everything by Phone and Email No office visits, no delays. We work quickly and remotely, which matters when your employer has given you a deadline. ### Straight Talking, No Jargon We tell you what the agreement means, what you’re giving up, and whether it’s worth signing — in plain English, without the runaround. Speak directly with an employment law specialist. [It’s free and there’s no obligation](#start-consultation) ## How Much Does Settlement Agreement Advice Cost? In almost every case, your employer pays your legal costs in full — so you pay nothing. If negotiation is needed, the cost depends on whether there’s a realistic prospect of improving the offer. Where we think it’s worth pursuing, we offer a no-increase, no-fee arrangement — so you’re still not out of pocket if the offer doesn’t improve. If you’d like to discuss fees before proceeding, just ask during your free consultation. You can read more about our fees here: [How much does settlement agreement advice cost?](https://www.masonbullock.co.uk/prices/) ## What Our Clients Say We’ve helped hundreds of employees get clarity on their settlement agreements — and in most cases, at no cost to them. Here’s what they said: [Trustpilot](https://uk.trustpilot.com/review/masonbullock.co.uk) ## Popular Settlement Agreement Guides for Employees Not sure where to start? Explore your options with these simple settlement agreement guides for employees. [![Negotiate Settlement Agreement](https://www.masonbullock.co.uk/wp-content/uploads/2014/01/pre-contract-negotiations_lg-300x200.jpg "| Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/negotiate-settlement-agreement/)### [ How to Negotiate the Best Deal on Your Settlement Agreement ](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) [ Read More » ](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) [![Redundancy or Settlement Agreement](https://www.masonbullock.co.uk/wp-content/uploads/2013/09/Redundancy-Settlement-Agreement-300x200.jpg "Redundancy-Settlement-Agreement | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/)### [ Settlement Agreement or Redundancy? Which Should You Choose? ](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/) [ Read More » ](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/) [![Protected Conversation](https://www.masonbullock.co.uk/wp-content/uploads/2016/06/Protected-Conversation-300x200.jpg "Protected-Conversation | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/)### [ Protected Conversation Advice: Essential Tips for Employees ](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/) [ Read More » ](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/) [![2 people wondering if it's a reasonable settlement](https://www.masonbullock.co.uk/wp-content/uploads/2014/05/default-judgment-300x200.jpg "default-judgment | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/settlement-agreement-how-much/)### [ What is a Reasonable Settlement Agreement? ](https://www.masonbullock.co.uk/settlement-agreement-how-much/) [ Read More » ](https://www.masonbullock.co.uk/settlement-agreement-how-much/) ## Frequently Asked Questions Do I need settlement agreement advice before signing? + Yes — and it’s not just good practice, it’s a legal requirement. A settlement agreement is only binding if you’ve received independent advice from a qualified solicitor who is independent from your employer. The advice needs to cover the terms of the agreement and, crucially, the claims you’re being asked to give up. Without it, the agreement has no legal effect. How long should my employer give me to review the settlement agreement? + The [Acas Code of Practice on Settlement Agreements](https://www.acas.org.uk/acas-code-of-practice-settlement-agreements/html) recommends that employees be given at least 10 calendar days to consider the proposed terms and take independent legal advice, unless both parties agree otherwise. If your employer is pressuring you to sign more quickly, take advice before agreeing to a shortened timeframe. How your employer handles the process can be relevant if there is later a dispute about whether the settlement discussions were conducted properly. Do I have to accept my employer’s settlement agreement offer? + No — you’re never legally obliged to accept. You can reject it, ask for better terms, or walk away entirely. That said, if you do reject it your employer may proceed with a formal redundancy or disciplinary process, so it’s worth understanding your position before you decide. That’s exactly why getting good legal advice is so important. Can I negotiate a settlement agreement? + Yes — and it’s more common than many employees realise. Negotiation is particularly worth exploring if your employer hasn’t followed a fair process, you have potential employment claims, or the financial terms don’t reflect your circumstances. We’ll tell you honestly whether we think negotiation is realistic — and if it is, we can handle it on your behalf or coach you through it yourself. Can settlement agreement advice help me negotiate more money? + Yes, where there’s a sensible basis for it. That might be because the compensation is too low, the dismissal process was flawed, you have strong employment claims, or your employer wants a quick and confidential exit. Negotiation isn’t always appropriate, but in the right case it can make a significant difference — and we’ll tell you honestly which situation you’re in. Will my employer pay my solicitor’s fees? + In most cases, yes. Your employer usually contributes towards your legal fees because independent advice is needed for the agreement to be legally valid. That contribution usually covers our fee in full, subject to a minimum of £500 plus VAT. It may not cover detailed advice on the merits of your employment claims or extended negotiation — but we’ll always be upfront about costs before carrying out any additional work. Who can give settlement agreement advice? + Your adviser must be independent from your employer and qualified to advise on the terms and effect of the agreement. In practice, most employees use an employment law solicitor who specialises in settlement agreements. It’s worth choosing someone who focuses on employee-side work — their advice will be independent of any employer relationships. Can I still bring a claim after signing a settlement agreement? + Usually, no. The purpose of a settlement agreement is to settle claims and prevent future Employment Tribunal or court proceedings about the matters covered by the agreement. There are some rights that cannot be waived — personal injury claims that haven’t yet arisen, for example — and the precise wording of the agreement matters. This is one of the reasons taking advice before signing is so important. What if I am being made redundant? + If you’re being made redundant, the agreement should deal properly with redundancy pay, notice pay, holiday pay, benefits, tax treatment and any enhanced compensation. You should also consider whether the redundancy process was genuinely fair — if it wasn’t, that’s relevant to whether the offer reflects your true position and whether there’s a basis for negotiating more. What if discrimination is involved? + If there may be a discrimination element to your situation, the value and risk of your case can be very different from a straightforward dismissal or redundancy. Discrimination claims — including those involving disability, sex, pregnancy or maternity, race, age, religion or belief, sexual orientation, harassment, or victimisation — can carry higher compensation and stronger negotiating leverage. Make sure your solicitor knows the full picture before advising you on whether the offer is fair. How quickly can you review my settlement agreement? + We can often turn around a review on the same day for urgent cases. If your employer has given you a tight deadline, contact us as soon as possible — the sooner we can look at the agreement, the more options you’ll have. ## Speak to a Solicitor Today — It’s Free If your employer has offered you a settlement agreement and you’re not sure what to do, the best first step is a conversation. There’s no cost, no obligation, and no jargon — just clear advice from an employment law specialist who works exclusively for employees. [Call 0330 333 6050](tel:03303336050) Prefer us to call you? Fill in the form below and we’ll get back to you. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ --- ### [Contact Mason Bullock Solicitors](https://www.masonbullock.co.uk/solicitors-in-coventry/) **Published:** May 12, 2014 **Author:** Andrew Crisp **Content:** # Get in Touch This page is for general enquiries only. For a free settlement agreement consultation, please [click here to contact us via our main page](https://www.masonbullock.co.uk/free-advice-settlement-agreement/). For all other enquiries, please call [**0330 333 6050**](tel:+443303336050) Alternatively, complete the form at the bottom of this page and we’ll contact you. Our correspondence office is at: Friars HouseManor House DriveCoventryCV1 2TE (By appointment only)### Contact Us Complete the form below to get in touch with us. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Contact Us Δ --- ### [Contact Us For a Free Consultation On Your Settlement Agreement](https://www.masonbullock.co.uk/free-advice-settlement-agreement/) **Published:** February 13, 2025 **Author:** Andrew Crisp **Content:** # Get Free Advice on Your Settlement Agreement [Trustpilot](https://www.trustpilot.com/review/masonbullock.co.uk) You’re just one step away from clear, independent legal advice on your settlement agreement. The initial consultation is completely free, and there’s no obligation to proceed. If you decide to go ahead, the full advice is normally paid for by your employer as part of the settlement. ## Two Ways to Get Started . . . [ ](tel:+443303336050) ### [ Call us Now on 0330 333 6050 ](tel:+443303336050) We’re often available right away or can call you back the same day. If we miss you, we’ll follow up promptly by phone or email. [ ](tel:+443303336050) ### [ Call us Now ](tel:+443303336050) [**0330 333 6050**](tel:03303336050) We’re often available right away or can call you back the same day. If we miss you, we’ll follow up promptly by phone or email. ### Prefer to send your details? Fill out the short form below and we’ll be in touch shortly to arrange your free advice call. [ ](tel:+443303336050) ### [ Call us Now on 0330 333 6050 ](tel:+443303336050) We’re often available right away or can call you back the same day. If we miss you, we’ll follow up promptly by phone or email. ### Prefer to send your details? Fill out the short form below and we’ll be in touch shortly to arrange your free advice call. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ 🔒 No risk. No pressure. Just expert legal advice to help you decide what’s best—at no cost to you. ## Frequently Asked Questions ### Is the advice call really free? Yes—your initial consultation is completely free and without obligation. If you decide to go ahead, your employer will usually cover the cost of the full legal advice. ### What’s included in the free initial consultation? You’ll speak directly with a solicitor for up to 30 minutes. That’s usually enough time for us to understand your situation, explain your legal position, and advise you on the next steps—at no cost and with no pressure to proceed. ### How soon will I hear back after submitting the form? We usually respond the same day or by the next working day. If you contact us outside business hours, we’ll get in touch as soon as we’re available. ### Will I be pressured to sign up or pay anything? No. You’ll get clear, expert advice and can decide what to do next—there’s no charge unless you formally instruct us, and even then your employer usually covers the cost in full. ### Can everything really be done by phone and email? Yes. We’ve built the entire process around convenience. No video calls or travel needed. Just fast, friendly advice you can access from anywhere. --- ### [About Us](https://www.masonbullock.co.uk/about-mason-bullock-solicitors/) **Published:** January 19, 2026 **Author:** Andrew Crisp **Excerpt:** Mason Bullock Solicitors is a UK-wide employment law firm specialising in settlement agreement advice for employees. Led by Principal Solicitor Andrew Crisp, the firm provides clear, practical legal advice by phone and email to clients across England and Wales. **Content:** ![Andrew Crisp, Settlement Agreement Solicitor](https://www.masonbullock.co.uk/wp-content/uploads/2025/05/andrew-crisp-employment-solicitor.jpeg "andrew-crisp-employment-solicitor | Mason Bullock Solicitors | Mason Bullock Solicitors") # Clear Legal Advice, from a Firm Built Around You I started this specialist service when my former business partner retired. At that point, I had a choice: continue offering advice across multiple areas of law—or focus entirely on what I knew I did best. **I chose to specialise in settlement agreements** so I could offer clearer advice, faster turnaround, and a more confident experience for the people who need it most. Too many employees face complex settlement agreements, knowing they need legal advice but not knowing where to start —pressured by HR, confused by legal jargon, and unsure if the deal in front of them was fair. And too often, the legal advice they get feels too formal, unclear, or comes with surprise fees. I knew there had to be a better way. **I act only for employees**, never for employers. That means when you work with me, you can trust that my loyalty is to you—and only you. You won’t find legal jargon here, or pressure to negotiate when you don’t want a fight. Just **clear advice in plain English, delivered by phone and email**, often within 24 hours. My firm is fully **regulated by the Solicitors Regulation Authority.** I earned my law degree at Exeter University, trained as a solicitor in Birmingham, and joined Mason Bullock Solicitors in 2002—becoming a partner by 2006 and sole owner since 2018. I’m a Solicitor of the Supreme Court, a member of the Employment Lawyers Association, and a proud member of the Sole Practitioners’ Group. With **over 400 five-star reviews** from clients across England and Wales, I’ve built this practice around one simple belief: every employee deserves clear, independent legal advice—without pressure, jargon, or surprise costs. ## 25+ Years’ Experience ## 400+ Five Star Reviews ## Professional Qualifications [Andrew Crisp](https://www.masonbullock.co.uk/andrew-crisp-solicitor/) is a member of several legal bodies. He is a member of the **Law Society** and the **Employment Lawyers Association**. He is also authorised and regulated by the **Solicitors Regulation Authority** (SRA No. 184455), ensuring the highest standards of legal practice. Andrew’s legal insights have been recognised by major media outlets. He has been interviewed on **BBC Radio WM** and **BBC Radio Northants** on various topics related to litigation and employment law. - Fully Qualified Solicitor since 1999 - Degree in Law from Exeter University - Diploma in Legal Practice from Exeter Law School - Member of the Law Society - Member of the Employment Lawyers Association - Authorised and regulated by the Solicitors Regulation Authority (SRA No. 184455) Regulatory Information - Click to read more In accordance with the disclosure requirements of the Provision of Services Regulations 2009: - Our professional indemnity insurer is Travelers Insurance Company Limited. - Insurer’s Address: 30 Fenchurch Street, London. EC3M 3BD. - The territorial coverage of our policy is worldwide. Our policy number is UC SOL 5635159 Pursuant to the Electronic Commerce (EC Directive) Regulations 2002: - Andrew Crisp is the principal solicitor at Mason Bullock Solicitors. - Andrew is registered as a solicitor with the Supreme Court in England and Wales. - Mason Bullock Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA). You can access the SRA Standards and Regulations [here](https://www.sra.org.uk/solicitors/standards-regulations/). Our SRA Number is 637946. We strive to provide impeccable service. However, should you ever feel the need to raise concerns about our service, our complaints procedure can be accessed[ here](https://www.masonbullock.co.uk/complaints-procedure/). Our VAT Registration Number is: 581 2132 65 SRA Regulated Firm --- ### [Andrew Crisp, Principal Solicitor at Mason Bullock Solicitors](https://www.masonbullock.co.uk/andrew-crisp-solicitor/) **Published:** September 20, 2024 **Author:** Andrew Crisp **Excerpt:** Andrew Crisp is the Principal Solicitor at Mason Bullock Solicitors, where he specialises in advising employees on settlement agreements. He has over 25 years' experience of employment law. **Content:** # Meet Andrew Crisp, Specialist Employment Solicitor Andrew Crisp is the Principal Solicitor at Mason Bullock Solicitors, where he specialises in advising employees on settlement agreements. ![Andrew Crisp, Settlement Agreement Solicitor](https://www.masonbullock.co.uk/wp-content/uploads/2025/05/andrew-crisp-employment-solicitor.jpeg "andrew-crisp-employment-solicitor | Mason Bullock Solicitors | Mason Bullock Solicitors") Andrew holds a law degree from Exeter University and completed his legal training with PearceLegal Solicitors. Since joining Mason Bullock Solicitors in 2002, Andrew has become a trusted voice in employment law, becoming a partner by 2006 and taking on the role of sole owner in 2018. Andrew’s legal insights have been recognised by major media outlets. He has been interviewed on **BBC Radio WM** and **BBC Radio Northants** on various topics related to employment law and resolving disputes. He has also contributed to national publications, including **The Daily Mail**. In addition to his media contributions, Andrew is a member of several legal bodies. He is a member of the **Law Society** and the **Employment Lawyers Association**. He is also authorised and regulated by the **Solicitors Regulation Authority** (SRA No. 184455), ensuring the highest standards of legal practice. ### Client Testimonials [Trustpilot](https://uk.trustpilot.com/review/masonbullock.co.uk) Andrew has been listed by [ThreeBestRated](https://threebestrated.co.uk/employment-law-solicitors-in-coventry) as one of the top three employment law solicitors in Coventry. He advises clients throughout England and Wales by phone and email. You can also read Andrew’s independent client reviews on [VouchedFor.](https://www.vouchedfor.co.uk/solicitor/coventry/010035-andrew-crisp) For more details on Andrew’s experience and to connect with him professionally, visit his [LinkedIn profile](https://www.linkedin.com/in/andrewcrisp1973). ### Professional Qualifications and Affiliations: - **Fully Qualified Solicitor** since 1999 - **Degree in Law** from Exeter University - **Diploma in Legal Practice** from Exeter Law School - Member of the [**Law Society**](https://solicitors.lawsociety.org.uk/person/40494/andrew-charles-crisp) - Member of the [**Employment Lawyers Association**](https://www.elaweb.org.uk/membership/directory/17114) - Authorised and regulated by the [**Solicitors Regulation Authority**](https://www.sra.org.uk/consumers/register/person/?sraNumber=184455) (SRA No. 184455) ### A Personal Note from Andrew As the Principal Solicitor at Mason Bullock Solicitors, my commitment is to provide clear, practical, and compassionate legal advice to all of my clients. I understand that facing legal challenges can be stressful, which is why I’m dedicated to ensuring transparency and trust in everything I do. I work tirelessly to achieve the best possible outcomes for my clients, and I’m here to support you every step of the way. If you have any questions or need further information, please don’t hesitate to get in touch. ## Ready To Get Started? [ Get Your Free Consultation ](https://www.masonbullock.co.uk/free-advice-settlement-agreement/) # Meet Andrew Crisp Specialist Settlement Agreement Solicitor --- ### [FAQ's](https://www.masonbullock.co.uk/faqs/) **Published:** January 19, 2026 **Author:** Andrew Crisp **Content:** # FAQs about our Settlement Agreement Advice When you’re handed a settlement agreement, it’s normal to feel unsure about what it all means—or what to do next. This page answers the most common questions we hear from people in your position, from legal requirements to costs, timing, and what to expect. ### Do I really need a solicitor for this? Yes. A settlement agreement isn’t legally binding unless you’ve had independent legal advice. It’s not just a formality—it’s about protecting your rights and making sure you know exactly what you’re agreeing to. ### Is your service confidential? Absolutely. Everything you share is treated with strict confidentiality. We also use secure systems for handling documents and personal information. ### Will I have to pay anything myself? In most cases, no. Provided your employer is contributing at least £500 + VAT, you won’t need to pay us a penny. We invoice your employer directly—and if more work is needed, we ask them to increase their contribution. We don’t surprise you with extra fees. ### Can this all be done remotely? Yes. Everything happens by phone and email. No travel, no video calls, no office visits—just simple, clear communication that fits your schedule. ### Will getting advice delay things? No. In fact, it usually speeds things up. We offer prompt advice, and once you understand the terms, the process tends to move forward quickly and smoothly. ### What if the agreement looks fair—should I still get advice? Absolutely. What looks fair on the surface can sometimes hide restrictive clauses or missed entitlements. We’ll spot anything you may have overlooked and make sure you’re not leaving money or rights behind. ### What exactly will you do for me? We review your agreement, explain the terms in plain English, flag any issues, and guide you through what to do next. We can handle sensible follow-up with your employer, or coach you to do it yourself—whichever fits best. ### What if I want to negotiate a better deal? We’ll tell you honestly if we think the offer could be improved—and the best way to go about it. For major renegotiation or potential claims, we can refer you to a specialist. ### What’s included in the free initial consultation? You’ll speak directly with a solicitor for up to 30 minutes. We’ll talk through your situation and whether our service is the right fit—before you commit to anything. ### Is your advice really independent if the employer is paying? Yes. The law requires the advice to be independent. We only act for employees, never for employers, and we’re fully regulated by the Solicitors Regulation Authority. ### How long will the process take? It depends on how quickly you send us the agreement, but many clients complete the process within 1–3 days. We work at your pace—but we don’t keep you waiting. ### What if I’ve already spoken to HR? That’s fine—but remember, HR represents your employer. Our role is to look out for your interests. We’ll explain things from your side and ensure nothing’s missed. ### Will this upset my employer or cause friction? No. Employers expect you to get legal advice—it’s part of the process. We handle everything professionally and aim to keep communication smooth and non-confrontational. ### Do you act for employees in my area? Yes. We advise clients throughout England and Wales—location doesn’t matter, because everything is done remotely. ### What happens after I sign? We guide you through the signing process, issue our certificate to confirm we’ve advised you, and send our invoice directly to your employer. Your agreement is then legally complete. ### Will you help me respond to my employer? Yes. Where needed, we can send a follow-up email to your employer, or we can guide you on what to say—whichever feels right for your situation. ### What if the agreement has tricky clauses? We’ll explain every clause in plain English and tell you what it means for you—especially things like bonuses, holiday pay, notice periods, restrictive covenants, and references. ### What happens if I decide not to sign? You’re never pressured to sign—but if you choose not to proceed with the settlement agreement after we’ve given full advice, the employer usually won’t pay our fee. In that case, you would be responsible for covering the cost directly. ### Why should I choose you instead of another solicitor? We focus solely on employees with settlement agreements, work quickly and remotely, and usually don’t charge you at all. With 25+ years’ experience and over 400 five-star reviews, we offer expert advice with no drama, no jargon, and no pressure. --- ### [How Much Does Settlement Agreement Advice Cost?](https://www.masonbullock.co.uk/prices/) **Published:** January 20, 2026 **Author:** Andrew Crisp **Content:** # Settlement Agreement Legal Advice Fees In most cases, your employer pays your legal fees. Start with a free consultation with a qualified employment solicitor [Trustpilot](https://www.trustpilot.com/review/masonbullock.co.uk) ## How much does settlement agreement advice cost? ### Initial Consultation Start with a free, no-obligation consultation with a qualified employment solicitor. We’ll review your situation, explain your options, and help you decide what to do next. FREE Up to 30 minutes - Speak to a qualified employment solicitor - Up to 30 minutes by telephone - Clear advice on your options - Guidance on whether negotiation may be worthwhile - No obligation to proceed [ Start Free Consultation ](#start-consultation) Free up to 30 minutes. No obligation to proceed. Start here ### Full Advice on Your Settlement Agreement Independent legal advice on your settlement agreement, usually paid for by your employer’s contribution. £ 500 00 plus VAT - Legally compliant advice from a qualified employment solicitor - Understand whether the offer is reasonable - Explanation of the key terms and legal effect - Review of compensation, notice, tax and confidentiality clauses - Advice on restrictive covenants and future obligations - Usually no personal cost if your employer’s contribution meets our minimum fee - Adviser certificate signed where appropriate [ Start Free Consultation ](#start-consultation) We’ll confirm whether your employer’s contribution covers our fee before you proceed. ### Negotiating a Better Settlement Help with negotiating a better settlement package or improved agreement terms before you decide whether to sign. Agreed Fee Before Negotiation Work Starts - Strategy for negotiating improved compensation - Help with changes to wording or legal terms - Direct negotiation with your employer where agreed - Costs agreed with you before additional work starts - No obligation to proceed [ Start Free Consultation ](#start-consultation) We’ll agree any extra fees with you before carrying out negotiation work. ## How our fees work In most cases, your employer will contribute towards the cost of independent legal advice on your settlement agreement. Our standard fee is usually paid from that contribution, subject to our minimum fee of **£500 + VAT**. If your employer’s contribution is lower than our minimum fee, we will explain your options before you decide whether to proceed. You will not be committed to any paid work simply by booking a free consultation. ## Next steps ### Step 1 — Book a free consultation Speak to a qualified employment solicitor about your situation and the agreement you have been offered. ### Step 2 — Send us your agreement We review the settlement agreement and any related documents, such as your employment contract or redundancy letter. ### Step 3 — Receive clear legal advice We explain the effect of the agreement, the main risks, and whether anything may need changing. ### Step 4 — Decide whether to sign If you are happy to proceed, we sign the adviser’s certificate where appropriate and return the documents. ## Get a Free Consultation on Your Settlement Agreement For the quickest response, call us now. Alternatively, complete the form below and we’ll contact you. [Call 0330 333 6050 ](tel:03303336050) Prefer not to call? Fill in the form below and we’ll get back to you. ### Get Your Free Consultation - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ ## Frequently Asked Questions ### Is the advice call really free? Yes—your initial consultation is completely free and without obligation. If you decide to go ahead, your employer will usually cover the cost of the full legal advice. ### What’s included in the free initial consultation? You’ll speak directly with a solicitor for up to 30 minutes. That’s usually enough time for us to understand your situation, explain your legal position, and advise you on the next steps—at no cost and with no pressure to proceed. ### How soon will I hear back after submitting the form? We usually respond the same day or by the next working day. If you contact us outside business hours, we’ll get in touch as soon as we’re available. ### Will I be pressured to sign up or pay anything? No. You’ll get clear, expert advice and can decide what to do next—there’s no charge unless you formally instruct us, and even then your employer usually covers the cost in full. ### Can everything really be done by phone and email? Yes. We’ve built the entire process around convenience. No video calls or travel needed. Just fast, friendly advice you can access from anywhere. --- ### [Settlement Agreement Advice - Free Resources](https://www.masonbullock.co.uk/blog/) **Published:** January 27, 2026 **Author:** Andrew Crisp **Content:** # Free Resources to Help You Understand Your Settlement Agreement [![Improper behaviour at a protected conversation](https://www.masonbullock.co.uk/wp-content/uploads/2020/01/how-to-get-settlement-agreement.jpg "how-to-get-settlement-agreement | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/improper-behaviour-protected-conversation/)### [ Improper Behaviour in a Protected Conversation: What Employees Need to Know ](https://www.masonbullock.co.uk/improper-behaviour-protected-conversation/) [ Read More » ](https://www.masonbullock.co.uk/improper-behaviour-protected-conversation/) [![Negotiate Settlement Agreement](https://www.masonbullock.co.uk/wp-content/uploads/2014/01/pre-contract-negotiations_lg-300x200.jpg "| Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/negotiate-settlement-agreement/)### [ How to Negotiate the Best Deal on Your Settlement Agreement ](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) [ Read More » ](https://www.masonbullock.co.uk/negotiate-settlement-agreement/) [![Redundancy or Settlement Agreement](https://www.masonbullock.co.uk/wp-content/uploads/2013/09/Redundancy-Settlement-Agreement-300x200.jpg "Redundancy-Settlement-Agreement | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/)### [ Settlement Agreement or Redundancy? Which Should You Choose? ](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/) [ Read More » ](https://www.masonbullock.co.uk/settlement-agreement-or-redundancy/) [![Protected Conversation](https://www.masonbullock.co.uk/wp-content/uploads/2016/06/Protected-Conversation-300x200.jpg "Protected-Conversation | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/)### [ Protected Conversation Advice: Essential Tips for Employees ](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/) [ Read More » ](https://www.masonbullock.co.uk/how-to-have-a-protected-conversation/) [![Injury to feelings compensation in a settlement agreement](https://www.masonbullock.co.uk/wp-content/uploads/2022/08/injury-to-feelings-300x200.jpg "injury to feelings | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/injury-to-feelings/)### [ Injury to Feelings Compensation in a Settlement Agreement ](https://www.masonbullock.co.uk/injury-to-feelings/) [ Read More » ](https://www.masonbullock.co.uk/injury-to-feelings/) [![Is a Settlement Agreement Taxable?](https://www.masonbullock.co.uk/wp-content/uploads/2014/08/How-Much-Tax-Settlement-Agreement-300x160.jpg "How-Much-Tax-Settlement-Agreement | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/tax-on-settlement-agreements/)### [ Is a Settlement Agreement Taxable? A Simple Guide for Employees ](https://www.masonbullock.co.uk/tax-on-settlement-agreements/) [ Read More » ](https://www.masonbullock.co.uk/tax-on-settlement-agreements/) [![without prejudice settlement agreement](https://www.masonbullock.co.uk/wp-content/uploads/2021/02/Without_Prejudice-300x216.jpg "Without_Prejudice | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/without-prejudice/)### [ Protected Conversation vs Without Prejudice: What’s the Difference? ](https://www.masonbullock.co.uk/without-prejudice/) [ Read More » ](https://www.masonbullock.co.uk/without-prejudice/) [![counter-offer on settlement agreement](https://www.masonbullock.co.uk/wp-content/uploads/2021/03/counter-offer-4.jpg "| Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/counter-offer/)### [ How to Make a Counter-Offer on Your Settlement Agreement ](https://www.masonbullock.co.uk/counter-offer/) [ Read More » ](https://www.masonbullock.co.uk/counter-offer/) [![Redundancy Procedure](https://www.masonbullock.co.uk/wp-content/uploads/2020/06/Redundancy-Procedure-300x200.jpg "Redundancy-Procedure | Mason Bullock Solicitors | Mason Bullock Solicitors")](https://www.masonbullock.co.uk/redundancy-procedure/)### [ 12 Steps an Employer Should Take in a Redundancy Procedure ](https://www.masonbullock.co.uk/redundancy-procedure/) [ Read More » ](https://www.masonbullock.co.uk/redundancy-procedure/) ## Ready To Get Started? [ Get Your Free Consultation ](https://www.masonbullock.co.uk/free-advice-settlement-agreement/) --- ### [CCJ Removal Advice](https://www.masonbullock.co.uk/ccj-removal-advice-free-resources/) **Published:** February 5, 2026 **Author:** Andrew Crisp **Content:** # Free Resources to Help You Remove a CCJ If you’re looking for help removing a County Court Judgment (CCJ), you’re in the right place—but just to let you know, we no longer provide advice on CCJ removal ourselves. Below, you’ll find links to articles we’ve written on CCJ removal, which we trust you’ll find helpful. ### [ How to Remove a CCJ Sent to a Previous Address: Step-by-Step Guide ](https://www.masonbullock.co.uk/ccj-wrong-address/) Discovering a County Court Judgment (CCJ) you were unaware of probably means the court documents were sent to a previous address. When you move house, it’s easy to overlook updating your contact details with everyone. However, this oversight can have serious consequences if someone believes you owe them money, potentially [ Read More » ](https://www.masonbullock.co.uk/ccj-wrong-address/) ### [ Can a Bailiff Still Take my Goods if I have Applied for the Default Judgment to be Set Aside? ](https://www.masonbullock.co.uk/can-a-bailiff-still-take-my-goods-if-i-have-applied-for-the-default-judgment-to-be-set-aside/) A judgment in default is an order to pay money. Often, the successful claimant will arrange swift enforcement action, for example by sending in the bailiffs. But what happens if you’re applying to have the judgment set aside? Can the claimant still continue with enforcement action before the court has [ Read More » ](https://www.masonbullock.co.uk/can-a-bailiff-still-take-my-goods-if-i-have-applied-for-the-default-judgment-to-be-set-aside/) ### [ N244 Form | Apply to Set Aside a CCJ | Step-by-Step Guide ](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/) If you need to set aside a County Court Judgment (CCJ) against you, the N244 application form is essential. This comprehensive guide will walk you through the steps to complete the N244 form correctly, increasing your chances of a successful outcome. From downloading the form to providing the necessary evidence [ Read More » ](https://www.masonbullock.co.uk/n244-application-set-aside-judgment/) ### [ Applying to Set Aside a Default Judgment? Don’t Make These Mistakes ](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-make-these-mistakes/) If you’re making an application to set aside a judgment, the process is not always straightforward. There are a few mistakes that you’ll need to avoid. This article explains three of the most common pitfalls that people fall into. 1. Delaying Too Long One of the key factors that a [ Read More » ](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-make-these-mistakes/) ### [ CCJ Removal: How Much Does It Really Cost? Find Out Here ](https://www.masonbullock.co.uk/court-fee-apply-to-set-aside-ccj/) Applying to remove a County Court Judgment (CCJ) is essential if you believe the judgment was incorrect or if you have a valid defence. One key aspect to consider is the court fee. This guide will break down the costs and provide you with a comprehensive understanding of what to [ Read More » ](https://www.masonbullock.co.uk/court-fee-apply-to-set-aside-ccj/) ### [ 3 Compelling Reasons to Set Aside a Default Judgment ](https://www.masonbullock.co.uk/3-compelling-reasons-to-set-aside-a-default-judgment/) If you’ve received a default judgment and you feel it’s unfair, you could apply to have the CCJ removed. Otherwise, you could suffer problems, either now or in the future. In this article, you’ll learn three reasons to have the default judgment set aside. 1. A default judgment is an [ Read More » ](https://www.masonbullock.co.uk/3-compelling-reasons-to-set-aside-a-default-judgment/) ### [ What are the Grounds for Removing a CCJ? Your Detailed Guide ](https://www.masonbullock.co.uk/ccj-removal-reasons/) A County Court Judgment (CCJ) can have serious consequences for your financial health and creditworthiness. Whether it affects your ability to secure a mortgage or a job or simply causes undue stress, you will probably want the CCJ removed if you can. The process is not automatic, and you will [ Read More » ](https://www.masonbullock.co.uk/ccj-removal-reasons/) ### [ Applying to Set Aside a Default Judgment? Move Fast! ](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/) Nobody likes to find out they’ve had a CCJ (County Court Judgment) entered against them. It’s an order to pay money, so it mustn’t be ignored. Even if it’s for a small amount, it can have a terrible impact on your life. However, in some circumstances, you may be able to [ Read More » ](https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/) ### [ What Evidence Do You Need to Remove a CCJ? A Complete Guide ](https://www.masonbullock.co.uk/ccj-removal-evidence/) If you apply for a CCJ (County Court Judgment) to be set aside, you will need to provide the court with evidence. The type of evidence you’ll need depends on the specifics of your case. This article outlines how to increase your chances of having a CCJ removed by providing [ Read More » ](https://www.masonbullock.co.uk/ccj-removal-evidence/) ### [ How to Set Aside a Default Judgment with the Claimant’s Consent ](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/) If you’ve discovered a CCJ (County Court Judgment) on your credit file, it’s probably a default judgment. That means it was issued because the court didn’t receive a response to a claim against you. If the reason you didn’t respond is that you didn’t know about it, you’ll probably want [ Read More » ](https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/) ### [ CCJ Removal: Learn 3 Ways to Remove a County Court Judgment ](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/) Receiving a CCJ (County Court Judgment) can have severe consequences if it remains on your credit record. It can affect your ability to obtain credit, such as a mortgage or mobile phone contract, and may even jeopardise your job, depending on your profession. But are you stuck with it, or [ Read More » ](https://www.masonbullock.co.uk/three-ways-to-remove-ccj/) ### [ Understanding Default Judgments and How to Remove Them ](https://www.masonbullock.co.uk/what-is-a-default-judgment-and-why-have-i-received-one/) For many individuals, their first encounter with a default judgment is when they find a CCJ on their credit file. This can be a confusing and distressing experience, especially if they are unaware of what a default judgment is or how to address it. This article will explain default judgments, [ Read More » ](https://www.masonbullock.co.uk/what-is-a-default-judgment-and-why-have-i-received-one/) « Previous[Next »](https://www.masonbullock.co.uk/ccj-removal-advice-free-resources/2/) --- ### [About Mason Bullock Solicitors](https://www.masonbullock.co.uk/about-us/) **Published:** January 9, 2014 **Author:** Andrew Crisp **Content:** Mason Bullock Solicitors is an employment law firm with a fantastic reputation. With a strong commitment to delivering tailored employment law services, we have particular expertise in the area of offering settlement agreement advice to employees. [Trustpilot](https://uk.trustpilot.com/review/masonbullock.co.uk) ## A modern approach to law In this digital age, we have embraced the convenience of technology to enhance our client experience. Our lawyers are well-equipped to handle client needs via telephone and email, eliminating the need for in-person consultations. This approach not only offers greater flexibility for our clients, but it also allows us to extend our services across the entirety of the UK. We’re proudly based in [Coventry](https://www.masonbullock.co.uk/solicitors-in-coventry/), a city renowned for its history and innovation. From here, we serve and connect with clients spanning every corner of the UK. ## Our history Mason Bullock Solicitors embarked on its journey on 1st January 2018, succeeding an earlier partnership under the same name. The transition marked the retirement of one of our esteemed partners, Ian Mason, on 31st December 2017. Andrew Crisp, showcasing commitment and vision, carried forward the legacy of Mason Bullock as a sole practitioner. ## Principal Solicitor ![Andrew Crisp, solicitor providing settlement agreement advice](https://www.masonbullock.co.uk/wp-content/uploads/2025/05/andrew-crisp-employment-solicitor.jpeg)[Andrew Crisp](https://www.masonbullock.co.uk/andrew-crisp-solicitor/) is the Principal Solicitor at Mason Bullock Solicitors, where he specialises in employment law. Throughout his career, he has built a reputation for his exceptional expertise in providing advice to employees on their settlement agreements. Have a look at the glowing reviews left by satisfied clients on Trustpilot. [Trustpilot](https://uk.trustpilot.com/review/masonbullock.co.uk) ## Education and Background Andrew embarked on his legal journey at Exeter University, where he completed his law degree, followed by a Diploma in Legal Practice. He then joined PearceLegal Solicitors in Birmingham, where he completed his training as a solicitor. Andrew’s journey with Mason Bullock Solicitors began in 2002, becoming partner by 2006. In 2018, he took on the role of sole owner. ## Professional Affiliations - Solicitor of the Supreme Court - Member of the Employment Lawyers Association - Member of the Sole Practitioners’ Group ## Contact Andrew Crisp If you would like to contact Andrew Crisp, please complete the form below. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ ## Additional Information… In accordance with the disclosure requirements of the Provision of Services Regulations 2009: - Our professional indemnity insurer is Travelers Insurance Company Limited. - Insurer’s Address: 30 Fenchurch Street, London. EC3M 3BD. - The territorial coverage of our policy is worldwide. Our policy number is UC SOL 5635159 Pursuant to the Electronic Commerce (EC Directive) Regulations 2002: - Andrew Crisp is the principal solicitor at Mason Bullock Solicitors. - Andrew is registered as a solicitor with the Supreme Court in England and Wales. - Mason Bullock Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA). You can access the SRA Standards and Regulations [here](https://www.sra.org.uk/solicitors/standards-regulations/). Our SRA Number is 637946. We strive to provide impeccable service. However, should you ever feel the need to raise concerns about our service, our complaints procedure can be accessed[ here](https://www.masonbullock.co.uk/complaints-procedure/). Our VAT Registration Number is: 581 2132 65 --- ### [Settlement Agreements](https://www.masonbullock.co.uk/settlement-agreements/) **Published:** January 10, 2014 **Author:** Andrew Crisp **Content:** ### ![Andrew Crisp, Settlement Agreement Solicitor](https://www.masonbullock.co.uk/wp-content/uploads/2014/06/Settlement-Agreement-Solicitor.jpg "Settlement-Agreement-Solicitor | Mason Bullock Solicitors") Receiving a settlement offer can be daunting. Mason Bullock Solicitors are here to help. Reach out now for a free telephone consultation with a dedicated employment law specialist. ### Free Initial Consultation: 0330 333 6050 Alternatively, complete the form at the bottom of the page and we’ll call you back. We will answer any of your questions and put your mind at rest. ## Why choose Mason Bullock Solicitors? - **Expertise You Can Trust:** Hundreds of employees have trusted us with their settlement agreements. We’re here to ensure you’re fully informed and confident. - **Nationwide Service:** No matter where you are in the UK, receive comprehensive advice via phone and email at your convenience. - **Client-Centric:** Our high client satisfaction rates speak volumes. See what others say on Trustpilot. [Trustpilot](https://uk.trustpilot.com/review/masonbullock.co.uk) ## What We Offer: Our advice will include everything you need to know, including: - Detailed explanation of your settlement agreement - Assessment of the offer and negotiation possibilities - Tax implications analysis to maximize your benefits - An adviser’s certificate to confirm you’ve received the advice you need ## Transparent pricing Our fixed fee for settlement agreement advice is **£500** (+ VAT, charged at 20%)**.** Usually, your employer pays that in full, which means there’s no cost to you personally. To learn more about the cost of additional services, [click here](https://www.masonbullock.co.uk/how-much-is-legal-advice-on-a-settlement-agreement/). ## FREE Initial Consultation Start with a no-obligation chat. Even if you haven’t received your settlement agreement, we’re here to address your concerns. ## Next Steps Call us now for a free consultation. ### From a landline: 0800 531 6050 From a mobile: 0330 333 6050 Alternatively, complete the form below and we’ll contact you. ## Contact Us for a Free Consultation If you would like a free consultation about your settlement agreement, complete the form below and we’ll give you a call. - 1. First Name 2. Last Name 3. Phone 4. Email\* 5. Message\* 6. Read our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) Get Your Free Consultation Δ --- ### [Cancelling Your Contract With Mason Bullock Solicitors](https://www.masonbullock.co.uk/cancelling/) **Published:** March 11, 2015 **Author:** Andrew Crisp **Content:** You have the right to cancel your contract with us within 14 days. Details are provided in your terms of business. In order to cancel, please complete the form below. ### Cancellation Form (Consumer Contracts Regs 2013) - View our [Privacy Policy](https://www.masonbullock.co.uk/privacy-policy/) - First Name\* - Surname\* - Email - Please confirm that you wish to cancel your contract with usAs explained in our terms of business, the Consumer Contracts Regulations give you the right to cancel this contract within 14 days. By ticking this box, you confirm that you wish to cancel - I confirm Cancel Δ ---