I am always delighted when I am able to assist my clients with their employment issues and achieve a positive outcome for them. Please read on to see how I was able to assist my client from start to finish.
My Client’s Story
My client rang Lincs Law Employment Solicitors for a free, no obligation, initial phone enquiry. My client was having difficulties with his employer and had been advised that he was facing potential disciplinary action. His employer had discussed with him the possibility of a Settlement Agreement (a contract where he would agree to leave his employment and settle any employment rights and claims he had), but he was unsure of what his options were.
During the free initial conversation, it was explained to him that at this stage he had two options. We could have a Settlement Agreement appointment to discuss the terms of the Settlement Agreement which had been offered, or alternatively, if he first wanted to have an assessment of his position, including any employment law claims, we could arrange a Fixed Fee Consultation in which a full assessment would be done.
My client decided to undergo an assessment first so that he knew the strength of his position and the options available to him.
Stage 1: Assessment
During our Fixed Fee Consultation, I took a comprehensive background of my client’s employment. This included the issues he had faced with his management, and the process so far concerning the disciplinary action. As part of my assessment, I outlined to him what his potential employment law claims were, as well undertaking a wider assessment to understand what his desired outcome was and how best we could achieve this.
After our conversation, I provided him with a detailed letter confirming our discussions and my advice. My client had been told that the disciplinary allegations against him were serious and could result in him immediate dismissal for gross misconduct. In my assessment, I took a different view and, in fact, queried whether the allegations against were, in fact, misconduct. I certainly didn’t consider the employer could justify a dismissal for gross misconduct.
In the event, my client’s ultimate aim was to leave his employment but to obtain a better settlement package than the one that had been offered to him. He therefore instructed me to enter into negotiations on his behalf.
Stage 2: Negotiation
Once I had taken my client’s instructions on his desired outcome, I proceeded to enter into negotiations with his employer.
I ensured that my client was fully informed during this process. I provide my client with support and advice throughout. In my correspondence with his employer, I set out what I considered to be the weaknesses in the employer’s position and that they would be facing a claim against them if they attempted to dismiss my client during the disciplinary process.
I was delighted when my client was offered an increased five figure settlement sum, his accrued holiday, notice paid as payment in lieu as well as a positive reference, which was very important to him.
Stage 3: Settlement Agreement
The final stage was to go through the Settlement Agreement with my client. A further appointment was arranged whereby I went through each clause in the Settlement Agreement and explained the nature and effect of that clause to my client.
For more information on Settlement Agreements, please see our website https://lincslaw.co.uk/services/settlement-agreement/
It was important to my client that his legal costs were carefully managed. Both the Fixed Fee Consultation and Settlement Agreement appointments were completed by way of a fixed fees. In respect of the negotiations which I undertook on my client’s behalf, this was conducted by way of a Conditional Fee Arrangement.
For more information on the different funding options we are able to offer our clients, please see our website: https://lincslaw.co.uk/fees/employees/
Client Review
My client very kindly left the following review of my services upon conclusion of his matter.
How did Jasmine Stewart help you?
Great advice from start to finish helping me to make the right decision and achieving a successful settlement.
Have you seen the outcome you were hoping for?
Yes
What could they have done better?
I can’t fault anything
Lincs Law Employment Solicitors Can Help You
If you have any concerns surrounding your employment, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information on the assistance and services we provide, please visit our website: https://lincslaw.co.uk/services/employees/
Jasmine Stewart
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: Client Success Story Disciplinary Action Employment Problems exit package jasmine stewart lincs law employment solicitors settlement agreement