Can I refuse a settlement agreement and still go to tribunal?

As at November 2025 – UK only. General information, not legal advice.

Yes. You can refuse a settlement agreement and still bring a claim in the employment tribunal, provided you follow the normal steps and time limits. A settlement agreement is voluntary. If you do not think the offer is fair, you can say no and consider your legal options instead.

What this means for you 

Your employer cannot force you to sign a settlement agreement. If you refuse, you keep your right to pursue claims such as unfair dismissal or discrimination, as long as you start Acas early conciliation and lodge your tribunal claim in time. The agreement is one route, not the only option.

What happens if I refuse to sign? 

If you say no to the agreement, several things can happen. Your employer might continue with a redundancy, performance or disciplinary process, follow its internal procedures, or leave the situation as it is. You are then free to decide whether to raise a grievance, start Acas early conciliation or move on without a claim.

Refusing an offer does not guarantee a better one later, but it also does not automatically weaken your legal position.

Tribunal time limits still apply 

Refusing a settlement agreement does not pause or reset the tribunal clock. Most claims, including unfair dismissal and discrimination, must start Acas early conciliation within three months less one day of the act you are complaining about, for example your dismissal date.

If you are thinking about refusing an offer, ask your adviser to map out your key deadlines so you do not miss them while you are negotiating.

Pros and cons of refusing 

Saying no gives you the freedom to challenge your treatment and potentially seek a higher award at tribunal. However, tribunal claims take time, energy and may carry cost and risk. Settlements offer certainty and a quicker clean break, but may be lower than a best-case tribunal outcome.

A realistic comparison between the offer and your likely tribunal outcome is key.

Example scenario 

You are dismissed for alleged poor performance and offered a modest settlement agreement. After advice, you decide the offer is too low given the weak process. You refuse, start Acas early conciliation and then issue an unfair dismissal claim while your adviser continues to explore settlement on improved terms.

What to do next 

Before deciding, take independent legal advice on the strength and value of your potential claims and your tribunal deadlines. If you are not comfortable with the offer, you can refuse it, negotiate further, or pursue a claim. The important thing is that you choose, rather than feeling pushed into signing.

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At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via  hello@kilgannonlaw.co.uk or  0800 915 7777.

Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.  This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

12.11.25