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How Much Should My UK Settlement Agreement Be? (2026 Recruiter Guide)

A 12-year UK recruiter on what UK settlement agreements actually pay in 2026 — by tenure, by reason, with the £30k tax-free split made simple.

How Much Should My UK Settlement Agreement Be? (2026 Recruiter Guide)
Alex
By Alex · Founder & Head of Recruitment Insights
12+ years in recruitment · · Updated · 8 min read

In 12 years of UK recruiting I’ve sat in on more settlement-agreement conversations than I can count — both as the recruiter advising the candidate and (a few times) as the person being settled out. The most common mistake isn’t accepting too little. It’s not knowing what “too little” looks like.

So here’s the honest answer to “how much should my UK settlement agreement be” — with the real numbers, the four levers that move the figure, and the pattern that consistently produces 30-60% better outcomes.

The honest answer: there’s no formula

Statutory redundancy has a formula. Settlement agreements don’t. The number is whatever your employer agrees to pay to (a) make the exit clean and (b) waive your right to bring tribunal claims. In practice, that number is shaped by four levers:

  1. Tenure — how long you’ve been there
  2. Contractual notice — how many weeks of PILON they owe you
  3. Claim leverage — how strong any tribunal claim is (discrimination, whistleblowing, unfair dismissal)
  4. Tribunal cost to the employer — the £15,000-£50,000+ they save by not defending the claim

When candidates ask me “what’s fair,” I run the numbers across those four levers. A senior person with 8 years’ tenure, 6 months’ notice, and a credible discrimination claim has a very different settlement than a 2-year employee in a clean redundancy.

Run your own numbers in 30 seconds with the free UK Settlement Agreement Calculator — Low / Realistic / Stretch bands across all four levers, with the £30k tax-free split made explicit.

Realistic UK settlement ranges by tenure (2026)

These are total package figures — statutory redundancy + PILON + holiday + ex-gratia, before tax — drawn from settlements I’ve seen across UK tech, financial services, professional services, and life sciences in 2025-2026:

1-2 years’ tenure

  • Total package: 1-3 months gross salary
  • Worked example: £40k salary, 18 months tenure, redundancy → £4,000-£12,000 total. No statutory redundancy under 2 years. PILON 1-3 months. Ex-gratia minimal (£500-£3,000).

3-5 years’ tenure

  • Total package: 3-6 months gross salary
  • Worked example: £60k salary, 4 years tenure, redundancy → £18,000-£35,000 total. Statutory ~£3,500. PILON 2-3 months. Ex-gratia £5,000-£15,000. Most of this fits inside the £30k tax-free allowance.

6-10 years’ tenure

  • Total package: 6-12 months gross salary
  • Worked example: £75k salary, 8 years tenure, redundancy → £45,000-£75,000 total. Statutory ~£10,000. PILON 3-6 months. Ex-gratia £15,000-£40,000. The £30k cap matters here — anything above is taxable as employment income.

10+ years’ tenure (senior)

  • Total package: 12-18 months gross salary
  • Worked example: £100k salary, 12 years tenure, senior, with mutual exit framing → £100,000-£150,000+ total. Statutory ~£14,000. PILON 6 months. Ex-gratia £80,000+. Tax planning becomes material — pension routing, deferred bonus, multi-year structuring.

These are starting points, not ceilings. Discrimination claims, whistleblowing, or material procedural failure push the upper end significantly — often 50-100% more.

The four components every UK settlement contains

Every UK settlement breaks down into the same parts. Knowing each one separately is how you spot underpayment.

1. Statutory redundancy (only for redundancies, 2+ years tenure)

The legal floor under the Employment Rights Act 1996. Half a week’s pay per year of service under 22, one week per year 22-40, 1.5 weeks per year 41+. Capped at £700/week and 20 years (so maximum £21,000). Counts toward the £30k tax-free portion.

2. Payment In Lieu Of Notice (PILON)

If your contract has a PILON clause and the employer ends your employment immediately, they owe you the gross value of your notice period. Since April 2018 (ITEPA s.402D PENP rules), PILON is fully taxable as earnings. Cannot be sheltered in the £30k tax-free allowance. Don’t let an employer “wrap” PILON into ex-gratia to dodge tax — HMRC will reclaim, and you’ll be left short.

3. Accrued holiday buyout

Days of unused statutory leave × your daily rate. Always payable on exit. Taxable as wages.

4. Ex-gratia compensation

The negotiated uplift — the bit that makes a settlement worth signing. This is what you negotiate. The first £30,000 (combined with any statutory redundancy) is tax-free; everything above is taxed at your marginal rate.

The £30k tax-free split — what most candidates miss

The £30,000 tax-free allowance applies to statutory redundancy + ex-gratia combined. Not to PILON. Not to holiday. Not to bonus.

Worked example. Settlement of £45,000 broken down as:

  • Statutory redundancy: £8,000
  • Ex-gratia: £25,000
  • PILON: £10,000
  • Holiday: £2,000

Tax treatment:

  • £8,000 statutory + £22,000 ex-gratia = £30,000 tax-free
  • £3,000 ex-gratia = taxable at marginal rate
  • £10,000 PILON = fully taxable as earnings
  • £2,000 holiday = fully taxable as wages

If the employer presents this as “£45,000 settlement, £30k tax-free” without breaking down components, push back. The structure changes your net by thousands. Get the breakdown in writing before you sign.

Discrimination changes everything

If the exit involves discrimination (Equality Act 2010), whistleblowing (PIDA 1998), or other tribunal-protected grounds, the settlement maths shifts materially.

UK discrimination awards are uncapped. Recent 2025 awards have exceeded £2 million for senior cases. Even a moderate-strength claim adds £5,000-£35,000 to the typical settlement via Vento bands for injury to feelings:

  • Lower band: £1,200-£11,200 (one-off incident, less serious)
  • Middle band: £11,200-£33,700 (more serious or sustained discrimination)
  • Upper band: £33,700-£56,200 (severe, prolonged, malicious)

Plus actual financial loss — past lost earnings, future loss, pension impact. A credible discrimination claim with documented evidence is worth materially more than a clean redundancy at the same salary.

If you have a real claim and the employer’s offer doesn’t reflect Vento + actual loss, that’s a signal: don’t sign. Take specialist discrimination solicitor advice. The waiver in the settlement agreement closes the door on the claim once you sign.

The counter-offer playbook

The pattern that consistently produces 30-60% better outcomes:

Day 0: Get the offer in writing. Don’t sign in the meeting. Ask for 7-14 days minimum.

Day 1: Run the numbers. Use the free UK Settlement Agreement Calculator to model Low / Realistic / Stretch bands. Compare to the employer’s offer.

Day 2-3: Take independent legal advice using the employer-funded solicitor budget (£350-£750 typical contribution). Brief them fully — package details, tenure, any specific incidents, target outcome.

Day 4-10: Counter at the Stretch number with a specific justification. Not “I want more” — name the number, name the reasoning. UK employers respect a structured counter; they dismiss vague pushback. Examples:

“Based on 8 years’ tenure plus the procedural irregularities documented in the email chain dated [date], we’re proposing a revised total of £85,000 — £15,000 above the original offer. This reflects (a) the tribunal-fee exposure of the procedural issue, (b) tenure-adjusted ex-gratia in line with the sector benchmark.”

Day 10-21: If the revised offer is in your Realistic band, sign — once your solicitor has validated. If it’s still below Realistic and the employer won’t move, walk. Tribunal proceedings start with ACAS Early Conciliation (free); claim deadline is 3 months less 1 day from the act complained of. Walking is rare but credible. Most employers move when faced with credible willingness to litigate.

Common mistakes that cost £10,000+

Things I see candidates do that materially undervalue their own settlements:

  1. Signing in the meeting. Almost always loses 20-40% of the achievable number. Always take it home.
  2. Not getting the component breakdown in writing. Lets the employer mis-tax PILON or under-attribute ex-gratia.
  3. Treating the first offer as final. It almost never is. UK employers expect a counter.
  4. Skipping the solicitor. The employer pays for the advice. Refusing it costs you money on net.
  5. Negotiating only the cash. Reference wording, restrictive-covenant relief, and outplacement budget are often easier wins than headline cash.
  6. Accepting “without prejudice” pressure. Without-prejudice means the discussion can’t be cited at tribunal — it’s neutral, not coercive. Don’t be rushed.
  7. Confusing “redundancy” with “settlement”. Redundancy has a fixed statutory formula. Settlement is whatever you negotiate. Don’t accept statutory-only when you’re being offered a settlement agreement — the ex-gratia uplift is the whole point.

When to walk

Walking is rare but it’s the right move when:

  • The offer is materially below your Realistic band AND you have a credible tribunal claim (discrimination, whistleblowing, automatic unfair dismissal, breach of contract)
  • The employer refuses to move on a clearly under-priced offer despite specialist solicitor representation
  • The waiver clauses are unusually broad (waiving future rights to claim or making admissions you genuinely shouldn’t)

If you walk, ACAS Early Conciliation is the free first step. Most employers come back to the table once Early Conciliation is initiated — the tribunal cost calculus changes when their lawyers see a real claim coming.

The settlement is leverage you only have once

Once you’ve signed, you’ve waived the right to bring claims for the period covered. There’s no second pass.

Most UK settlements I’ve seen had 20-40% headroom on the first offer that the candidate left on the table because they didn’t know what fair looked like. The 30-second calculator + 30-minute solicitor session + 10-day counter-offer flow consistently recovers most of that.

Use the UK Settlement Agreement Calculator before you reply to the offer. Take legal advice before you sign. And don’t accept the first offer just because it sounds like a lot of money — it usually isn’t, and you only get to negotiate it once. Once it’s signed, the next job-hunt phase has its own moving parts: the leaving-and-relaunching content set covers notice periods, the gap on the CV, and the conversation with the next employer about why the last one ended. The CV gap question you’ll face — how to frame the exit on paper, where the dates go, what to say about “reason for leaving” — sits in the resume pillar and is worth working through before you start applying.

Sources & further reading

  1. 1ACAS — Settlement agreementsacas.org.uk
  2. 2GOV.UK — Settle pay or conditionsgov.uk
  3. 3Employment Rights Act 1996, s.203 — settlement agreementslegislation.gov.uk
  4. 4ITEPA 2003, s.402D — Post-Employment Notice Paylegislation.gov.uk
  5. 5Vento bands 2025 — Equality Act injury to feelingsjudiciary.uk
Key takeaway from How Much Should My UK Settlement Agreement Be? (2026 Recruiter Guide)

Frequently asked questions

Is there a legal formula for UK settlement agreements?
No. Statutory redundancy has a fixed formula (0.5/1/1.5 weeks per year × age band, capped at £700/week and 20 years). Settlement agreements have no statutory formula — they're a negotiated contract. The number is whatever the employer agrees to pay to make a clean exit and waive your tribunal claims. In practice, employers anchor on tenure × salary + the cost of a tribunal hearing if you sued. That's the implicit formula even though no law sets it.
What's a fair UK settlement agreement at 5 years' tenure on £60k?
Realistic range: £30,000-£45,000 total package. That's roughly 6-9 months gross salary, made up of statutory redundancy (~£5,000), 3 months PILON (~£15,000), accrued holiday (typically £1,000-£2,000), and ex-gratia of £10,000-£25,000. The £30,000 tax-free allowance covers most of statutory + ex-gratia; PILON and holiday are taxed as wages. Discrimination or whistleblowing claims push the upper end to £50,000+.
How much extra does a discrimination claim add to a UK settlement?
Materially — typically £5,000-£35,000 on top of the standard package. UK discrimination awards are uncapped and use Vento 2025 bands for injury to feelings: Lower £1,200-£11,200 (one-off incident), Middle £11,200-£33,700 (sustained discrimination), Upper £33,700-£56,200 (severe campaign). Plus actual financial loss — lost earnings, future loss, pension. A credible discrimination claim with documented evidence will materially change the settlement number. Specialist solicitor advice required.
Is the first £30,000 of my UK settlement really tax-free?
The 'compensation for loss of employment' portion only — also called ex-gratia. Statutory redundancy counts toward the £30,000 cap. So if your statutory redundancy is £15,000 and the employer offers £20,000 ex-gratia, the first £30,000 (statutory £15k + ex-gratia £15k) is tax-free; the remaining £5,000 of ex-gratia is taxable. PILON, accrued holiday, and unpaid bonus are taxed separately as employment income. They do NOT use the £30,000 allowance, despite often being paid in the same lump sum.
How is PILON taxed in a UK settlement agreement?
Fully taxable as earnings since April 2018, under ITEPA s.402D Post-Employment Notice Pay (PENP). The PENP formula: ((basic pay × unworked notice days) ÷ pay-period days). That figure attracts income tax + employee National Insurance + employer National Insurance. Some employers between 2018-2022 mis-taxed PILON by trying to shelter it in the £30,000 allowance — that's not lawful, and HMRC will reclaim. If your employer offers settlement with PILON 'wrapped' into ex-gratia, push back: you want PILON paid gross, separately, with proper PAYE.
How long should a UK settlement agreement negotiation take?
Most UK settlement negotiations close within 2-4 weeks of the first offer. Day 0: employer's first offer (often labelled 'final' but rarely is). Day 3-7: you take independent legal advice via your employer-funded solicitor budget (£350-£750 typical). Day 7-14: solicitor-led counter-offer with specific justification. Day 14-21: revised offer received. Day 21-28: final agreement signed. Faster only if there's a clean redundancy with no claim leverage; slower if discrimination claim or complex restrictive covenants.
Should I accept the first UK settlement offer?
Almost never. Initial offers are typically the lowest amount the employer thinks you'll accept — a starting position, not a fair number. Specialist UK employment solicitors recover their fee on the negotiation alone, usually finding 30-60% headroom on the first offer when there's any claim leverage at all. Even simple redundancies typically have 10-25% headroom on the ex-gratia portion. Accept the first offer only if it's already at the upper end of the realistic range and you have a strict timing reason to close fast.
What if I have a strong discrimination case but my employer offers redundancy-equivalent settlement?
Don't sign without specialist discrimination solicitor advice. UK discrimination awards are uncapped — meaningful claims often settle in the £50,000-£250,000 range, occasionally seven figures for severe cases. A redundancy-equivalent settlement (£15-30k typical) materially undervalues a real discrimination claim. You'll waive the right to bring the claim once you sign. The employer's reluctance to engage on Vento or claim-strength language is itself a signal the offer is below what you'd reasonably win at tribunal.

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