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Martin Searle Solicitors

Case Study: Using A Settlement Agreement To Terminate Employment Quickly

Summary

How an employment law solicitor in Brighton safely dismissed a difficult employee by using a Settlement Agreement.

The situation

A Digital Media company had difficulty with a senior member of staff who over a long period of time had been hard to manage. The company also had concerns about his performance as he had been responsible for serious failures on a project, which resulted in a large sum of money being withheld by their client.

When his manager tried to address the performance issues this employee went off sick. These issues had created a bad atmosphere in the office as his girlfriend also worked for them. While he was off sick, other members of staff made complaints about this employee’s management style.

What Martin Searle Solicitors did

These management issues were a mixture of conduct and performance. Some were historic and had not been dealt with properly at the time. We concentrated on the most recent and serious issues and guided the company through a fair capability and disciplinary process where the outcome could be dismissal.

We also assisted the employer in offering a Settlement Agreement to give the employee an opportunity to leave voluntarily with an agreed termination payment and a basic reference. The compensatory amount was equivalent to the time it would have taken for this manager to go through a fair capability process and his notice paid in lieu.

The result

The employee decided to accept the offer of a Settlement Agreement. This allowed the company to cut short the capability process, saving management time and money as well as avoiding the risk of a claim for unfair dismissal. Most importantly, the impact of him leaving was minimised so that morale could be restored as quickly as possible.

If you are an employer and require advice and assistance on offering Settlement Agreements, we can help. Contact us to find out more on 01273 609911, or email info@ms-solicitors.co.uk to find out more.

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