A Performance Procedure at work can be stressful and anxiety provoking, affecting you and your family. Lincs Law Employment Solicitors can help.
Settlement Agreements

Settlement Agreement (Protected Conversation & Performance/Capability Process)

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I was delighted to help my client with his Settlement Agreement. I was also very grateful to receive a 5-star review. Please read on to find out more.

My Client’s Story

My client had worked happily and successfully for his employer for several years. He worked in a sales and managerial capacity. Recently, due to the very challenging financial climate for the Company’s products, he had experienced some difficulty meeting Company sales and profit targets. Targets which had not been adjusted to reflect the national and internal financial conditions. He, nevertheless, continued working hard for his employer and hoped to help grow the business moving forward.

To his surprise and completely out of the blue, he was invited to a “protected conversation” with his manager. A protected conversation is a way in which an employer can discuss terminating an employee’s employment without fear that the employee will use the conversation in future Employment Tribunal litigation. For more information about Protected Conversations, please see our blog here – https://lincslaw.co.uk/blog/my-employer-has-asked-for-a-protected-conversation-what-should-i-do/

At the protected conversation, my client was told his performance was unsatisfactory. He was offered the following options:

  1. He could leave his employment via a Settlement Agreement. A Settlement Agreement is a written contract between an employer and employee. Usually, in a Settlement Agreement the employer will offer a compensation payment to an employee in exchange for that employee leaving their job, giving up their employment rights and agreeing not to bring any claims against their employer. Further information about Settlement Agreements can be found on our website at https://lincslaw.co.uk/services/settlement-agreement/; or
  2. His employer would proceed with a capability process, that could result in his dismissal.

My client was taken aback by the conversation. He asked for a copy of the Settlement Agreement to consider. It was at this time my client called us at Lincs Law Employment Solicitors. I was happy to help with a free enquiry and after discussing his options, he decided to book in for a Settlement Agreement appointment.

How Did I Help My Client?

Here at Lincs Law Employment Solicitors, 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/

Before our appointment, I spent time reviewing the terms of my client’s Settlement Agreement in detail. During our appointment, we then spent time discussing the following together:

  • The circumstances of my client’s situation.
  • Any potential Employment Tribunal claims he would be settling (if he chose to sign the Settlement Agreement). As part of this consideration we discussed, in detail, the threat of a performance/capability process regarding my client’s performance and what action would be necessary by his employer.
  • The overall “benefit” of his Settlement Agreement – i.e., what benefits my client would be receiving over and above what he would otherwise be entitled to if he just continued his employment and defended the performance/capability process.
  • Each of the individual terms of the Settlement Agreement, in detail.
  • The various options available moving forward, including my suggestions for negotiation of certain provisions in the Settlement Agreement.

Our meeting, as above, was of unlimited duration. At Lincs Law Employment Solicitors we understand that decisions about Settlement Agreements can, potentially, be life changing and so time is needed to properly consider our client’s situation. Our meeting therefore provided my client with the opportunity to fully understand his options and make an informed decision as to how he wanted to proceed. Following our meeting, I also confirmed my advice in writing to ensure my client had a full record of our discussions.

As a result of my advice, my client decided to negotiate contractual amendments to his Settlement Agreement. These being amendments we had discussed in detail during our meeting, to best protect his position. I was then on hand to assist my client in signing the Settlement Agreement and providing the relevant documentation to his employer.

5 Star Client Review

I was delighted to help my client with his Settlement Agreement. I was also exceptionally grateful to receive a 5-star review and the following comments from my client:

“….. Responded to my on-line call straight away, always answered the phone quickly & professionally, explained everything in simple terms. More than happy with the Service…”

Lincs Law Employment Solicitors Can Help You

If your employer has presented you with a Settlement Agreement, we would be delighted to help. Please contact us for a no obligation, free consultation. Simply call us on 01522 440512 and we’ll be happy to help.

Kate Key, Specialist Employment Solicitor