I have recently concluded a case where my client instructed me to assist them with both disciplinary representations and a negotiated departure from their employer. Read on to see how I helped …
My Client’s Story
Initially, my client called our offices for a free telephone consultation. It was through this free consultation I discovered the case was something I may be able to assist with, but given the level of paperwork involved, a Fixed Fee Consultation was needed. More information about Fixed Fee Consultations can be viewed at – https://lincslaw.co.uk/fees/employees/.
During the Fixed Fee Consultation, I discovered my client faced serious allegations which had been framed by the employer as Gross Misconduct. My client firmly denied any wrongdoing and believed the allegations to represent an attack on their character and professionalism. From the evidence I reviewed, I felt their position was reasonable and that they were being treated unfairly.
I advised my client that based on their current instructions, if their dismissal followed, I felt it was likely to be unfair (subject to a review of any dismissal papers). The situation my client faced therefore gave rise to several options – all of which we discussed in detail. However, my client was clear that the position was untenable in their eyes, and I was tasked with negotiating an exit on an urgent basis.
Simply sending a without prejudice request to leave on agreed terms can be a risky strategy and I wanted to ensure I placed my client in the best position possible. Therefore, we set about preparing a very detailed disciplinary statement, highlighting that on balance, my client was simply not guilty of the allegations they faced. This then put my client in a very strong position to negotiate an agreed exit – which was an action taken on a without prejudice basis.
Within a very short period, the employer had agreed to many of my requests for a Settlement Agreement. Specifically, terms were agreed including the immediate release of my client from their contract, a payment in lieu of notice, an ex-gratia compensation payment, an agreed reference, and a contribution towards legal fees.
Feedback from Client
My client was delighted with the outcome and provided me with the following lovely feedback: –
Dear Sophie – I don’t think the words are enough to explain how grateful I am for your support to get me from an utterly difficult situation to date. Thank you ever so much for everything.
Lincs Law Employment Solicitors Can Help You
If you are experiencing difficulties at work and / or have been offered a Settlement Agreement, please contact us for a free, no obligation consultation with one of our fully qualified employment solicitors. Simply use the contact form, engage in a webchat, email email@example.com or call us on 01522 440512 and we will be happy to help. Alternatively, for more information about the services we provide, visit www.lincslaw.co.uk.
Specialist Employment Solicitor, Lincs Law Employment Solicitors