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FAQ

Frequently asked questions

Plain English answers to the questions clients ask Halloran Pike most. If yours is not here, call us directly.

Employment Law

Can my employer force me to accept a settlement agreement?

Your employer cannot force you to sign a settlement agreement. You always have the right to refuse, seek independent advice, and negotiate terms.

A solicitor can review the offer and advise whether it fairly reflects your position.

Do I need a solicitor for an employment tribunal?

You are not required to have a solicitor for an employment tribunal. Many people represent themselves, and we will tell you honestly whether paying for representation is likely to be worth it in your case.

How long does an employment tribunal claim take in England?

Simple employment tribunal claims in England typically take 12 to 18 months from claim submission to final hearing. More complex cases involving multiple issues or preliminary hearings can take longer.

How much compensation can I receive for unfair dismissal?

Unfair dismissal compensation in England comprises a basic award (calculated by age, length of service, and weekly pay) and a compensatory award for actual financial loss. The combined cap is reviewed annually by the government.

What is the time limit for making an employment tribunal claim?

In most cases you must submit an employment tribunal claim within three months less one day of the act you are complaining about. Early conciliation with Acas pauses this deadline, so it is important to act quickly.

What counts as unfair dismissal in the UK?

Dismissal is unfair when an employer lacks a valid reason recognised by the Employment Rights Act 1996, or acts unreasonably in carrying out an otherwise valid reason. Valid reasons include conduct, capability, redundancy, and statutory restriction.

What counts as workplace discrimination under UK law?

Workplace discrimination under the Equality Act 2010 occurs when an employee is treated less favourably because of a protected characteristic such as age, disability, sex, race, religion or belief, sexual orientation, pregnancy, or maternity.

What is a settlement agreement?

A settlement agreement is a legally binding contract between an employer and employee that ends the employment relationship and waives the employee's right to bring tribunal claims. The employee must receive independent legal advice from a qualified solicitor before signing, which employers typically fund.

Commercial Litigation

Can I recover legal costs if I win a commercial dispute?

The successful party in commercial litigation generally receives a costs order, but courts award a proportion of actual costs rather than the full amount. Recovery of 60 to 70 per cent of costs is typical for contested matters.

How long does commercial litigation take in England?

A contested commercial case in the County Court typically takes 12 to 24 months from issue to trial. Cases allocated to the Business and Property Courts in Leeds can have shorter timetables for straightforward matters under the shorter trials scheme.

How do I recover a business debt through the courts?

To recover a business debt, you send a letter before claim, then issue proceedings in the County Court if unpaid. For undisputed debts you can apply for a default judgment and enforce by warrant of control, third-party debt order, or charging order.

How do you resolve a commercial contract dispute in England?

Commercial contract disputes in England are resolved through negotiation, mediation, arbitration, or court proceedings. Most disputes settle before trial; the Civil Procedure Rules require parties to consider alternative dispute resolution before issuing proceedings.

Is mediation mandatory before going to court in England?

Mediation is not mandatory in England, but the courts expect parties to consider it seriously. Since 2024 county court reforms, small claims mediation is integrated into the process, and courts may penalise parties that unreasonably refuse to mediate.

What options do shareholders have in a dispute?

Shareholders in dispute can pursue claims under the Companies Act 2006 for unfair prejudice, apply for a winding-up order, or seek injunctive relief. Many shareholder disputes are resolved through mediation or buy-out negotiations without court proceedings.

What is the pre-action protocol for commercial disputes?

Before issuing a claim in England, claimants must follow the relevant pre-action protocol, which requires a letter before claim, a defined response period, and disclosure of key documents. Courts penalise parties that bypass this process.

What is the Small Claims Track and is it suitable for my dispute?

The Small Claims Track handles claims up to £10,000. It is designed for straightforward matters without complex legal issues.

Legal costs are generally not recoverable on the Small Claims Track, making solicitor involvement a cost-benefit decision.

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