My client was offered a Settlement Agreement to leave his employment and waive his employment rights and claims. I was delighted to assist by identifying the Employment Tribunal claims (including discrimination under the Equality Act 2010) he would be waiving if he signed the Settlement Agreement and advising on his options. Please see below.
What Is A Settlement Agreement?
A Settlement Agreement is a contract between an employer and an employee which, usually, sets out terms for the employee to give up their job, their employment rights and any Employment Tribunal claims they may have (such as disability discrimination, Unfair Dismissal, unlawful deduction of wages) in exchange for a compensatory payment from their employer.
Importantly, a Settlement Agreement is completely voluntary. It is also a condition of Settlement Agreements that an employee takes independent legal advice on its terms. For more information about this, please see our website here – https://lincslaw.co.uk/services/settlement-agreement/
What Is Disability Discrimination?
The Equality Act 2010 sets out various ways in which an employer’s treatment of a disabled person (or a person the employer believes is disabled) is unlawful and could give rise to a disability discrimination claim at the Employment Tribunal. Briefly, it is likely you have suffered disability discrimination if any of the following have occurred:
Direct Disability Discrimination: This is where you have been treated less favourably because of your disability than someone without your disability would have been treated.
Indirect Disability Discrimination: This is where the employer has a policy, procedure or similar which appears to apply to everyone but has a detrimental impact upon someone with a disability.
Failure To Make Reasonable Adjustments: This is where an employer has an obligation to make reasonable adjustments to assist disabled people overcome disadvantages they suffer because of their disability but fails to do so.
Discrimination Arising From A Disability: This is where a disabled person is treated unfavourably because of something related to their disability.
Harassment Due To Disability: This is where a disabled person suffers unwanted conduct which causes a distressing, humiliating or offensive environment for them.
Victimisation: This is where an employee raises a disability discrimination complaint or supports another person doing so and suffers a “detriment” as a consequence.
If you believe you have experienced (or are experiencing) disability discrimination at work, we are specialist employment solicitors and we are here to help. Please contact us for a no obligation, free consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
How Did I Assist My Client?
Here at Lincs Law Employment Solicitors, we are a specialist boutique employment law practice. We therefore have extensive experience advising clients in relation to Settlement Agreements and Employment Tribunal claims, including discrimination pursuant to the Equality Act 2010.
We offer a Fixed Fee service advising in respect of Settlement Agreements. Please see here for more information – https://lincslaw.co.uk/fees/settlement-agreements/
I was delighted when my client decided to book an appointment with me to discuss his situation. Before our appointment, I spent time reviewing the terms of his Settlement Agreement in detail. During our appointment, we then spend time discussing the following together:
- The circumstances of his situation;
- Any potential Employment Tribunal claims he would be settling if he chose to sign the Settlement Agreement;
- The overall “benefit” of his Settlement Agreement – i.e., what benefits he would be receiving over and above what he was already entitled to and/or he could obtain by way of compensation via an Employment Tribunal claim;
- Each of the individual terms of the Settlement Agreement, in detail;
- The various options available moving forward.
Our meeting, as above, was scheduled for up to 90 minutes. This provided my client with the opportunity to fully understand his options and make an informed decision in respect of how he wished to proceed. Based on my client’s instructions, I was able to identify he had been discriminated against by his employer on the grounds of his disability. We spent time discussing his options and how he would be waiving such claims against his employer if he chose to sign the Settlement Agreement.
Following our meeting, I also confirmed my advice in writing to ensure he had a full record of our discussions. After considering his options, my client decided to sign a Settlement Agreement and leave his employment and waive his employment rights and claims.
I was then on hand to assist my client with signing his Settlement Agreement and returning the relevant documentation to his employer.
5-Star Client Review
I was so pleased to assist my client with his Settlement Agreement. I was also very grateful to receive a 5-star review and the following positive feedback:
“………Support with an employment matter and Kate helped from start to finish. Couldn’t rate her service any higher”.
Lincs Law Employment Solicitors Can Help You
If your employer has presented you with a Settlement Agreement and/or you consider you have experienced discrimination at work, we would be delighted to help. Please contact us for a no obligation, free consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
For more information about our fixed fee Settlement Agreement service, please see here – https://lincslaw.co.uk/fees/settlement-agreements/
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: disability discrimination discrimination compensation employment settlement agreement employment solicitor equality act 2010 Kate Key lincs law employment solictiors settlement agreement specialist employment solicitor