How Fiona Martin secured the amounts offered in a Settlement Agreement in a situation where an employee had originally rejected the offer but had then quickly found a well-paid job.
John had worked as a project manager for a large company for more than five years. He was advised that there was going to be a restructure and his job would no longer exist. He was given a Settlement Agreement (then known as a Compromise Agreement) in which he was offered four months’ salary.
However, he subsequently found out a less senior colleague had been offered his job at a lower rate of pay.
John came to see Fiona Martin, a Brighton employment solicitor, who advised that he had a strong claim for unfair dismissal. She helped him draft a grievance on the basis that this was not a true redundancy as his job still existed.
However, after the initial grievance hearing, John managed to secure the offer of higher paid employment starting as soon as possible. John was concerned that if the company found out about this it might withdraw its offer of four months’ money as this was more than the five weeks’ notice statutory redundancy pay he was entitled to.
Fiona negotiated a small increase to the sums offered under the Settlement Agreement and ensured it was completed before he started his new job.