I recently assisted a client with a very difficult disciplinary situation and helped them reach a positive outcome. Read on for more information…
My Client’s Story
My client had worked for their employer for well over ten years. During that time, they had received excellent feedback, scored very highly in their yearly appraisals, and been promoted to a member of the Senior Leadership Team.
The Initial Free Consultation
When my client first called me for an initial free consultation, they were in a state of upset and panic having been suspended on the alleged grounds of Gross Misconduct, just moments before the weekend. The timing and nature of their suspension was naturally very concerning. Additionally, they were anxious about being required to attend a disciplinary hearing very early the following week which left them little time to prepare.
I advised my client to seek additional time to prepare for the disciplinary hearing. Given their length of service and the extent of the evidence they had received, I felt a request of this nature was reasonable. I also provided information about how to prepare for a disciplinary hearing (which can be found on our website), and explained that if they wanted more detailed support, we could book an urgent Fixed Fee Consultation. For more information about this service see https://lincslaw.co.uk/fees/employees/.
The Fixed Fee Consultation
My client contacted their employer and organised a short postponement of the disciplinary hearing. In the meantime, we met for a Fixed Fee Consultation during which we went through a raft of disciplinary paperwork including an investigation report, extracts from the employee handbook, and witness evidence. From this we were able to identify that my client had some strong responses to the allegations they faced, as well as mitigating factors which the employer would need to consider.
I advised my client to prepare a detailed disciplinary statement in response to the allegations faced. This included a factual response to the allegations, a critique of the evidence that had been provided, along with some key mitigating factors that was relevant to the situation they found themselves in. All this advice was given on an urgent basis given the impending disciplinary hearing which despite being postponed, was still taking place the same week.
Further Work
Following the Fixed Fee Consultation, my client asked me to prepare their Disciplinary Representations. Although we were against the clock, I was able to undertake the work on an urgent basis. Through the disciplinary representations, my client responded in detail to the allegations raised, highlighted inaccuracies in the evidence relied upon, set out significant mitigation and logged concerns about the nature of the investigation and disciplinary process to date. Despite being told a disciplinary decision would be made during the Disciplinary Hearing, the representations slowed the process down and no outcome was communicated.
Very shortly after the Disciplinary Hearing, my client was then contacted on a “without prejudice basis”. Without prejudice communications are off the record discussions which are not admissible in future court proceedings if conducted in the appropriate way. Through this without prejudice contact, my client was told that following the representations made, the employer wanted to make a settlement proposal.
The Settlement Agreement
More information about Settlement Agreements can be found at https://lincslaw.co.uk/services/settlement-agreement/. However, in essence, the employer was offering to pay my client a sum of compensation, in exchange for the termination of their employment and waiver of claims.
By this stage, and although the disciplinary allegations had been defended, my client’s mindset was such that they wanted to move on and part ways with the employer. As such, I was instructed to negotiate on the exit terms. After a short period of time, we managed to secure a package my client was happy with. Again, working to a tight timeframe, my client’s employment law dispute was all resolved to their satisfaction, and I was grateful to receive the following lovely feedback –
“Thank you so much for your help and guidance through this very difficult process. It’s helped relieve me and my family of a whole load of stress knowing we had your support”
Lincs Law Employment Solicitors Can Help You
If you require assistance with a workplace dispute, please call us on 01522 440512 for a free enquiry and one of our Employment Solicitors will be very happy to help.
Sophie Goodwill
Specialist Employment Solicitor
Lincs Law Employment Solicitors, Lincoln
Tags: Disciplinary Representations disciplinary statement settlement agreement Specialist employment law support Without prejudice offer