Case Study

Tech Sales Settlement Agreement

Background

Our client was a tech salesman who had successfully worked in their role for nearly ten years. Over the last year, with a new management structure in place our client felt they were continually undermined. Despite raising concerns with HR no formal grievance procedure was initiated.

Our client threatened to resign after feeling their position was untenable and his employers offered a Settlement Agreement ‘by mutual consent’.

How Gannons helped

Having reviewed our client’s settlement offer and employment contract our specialist solicitor found that our client’s employer was in breach of contract (having failed to follow proper grievance procedures, amongst other potential breaches) and we suggested that our client could be entitled to a larger sum of money as a settlement payment.

We advised our client of the possible outcomes and options that he faced. Our client was advised that if a formal grievance was filed with his employer the company would find it difficult to deny his complains. Our client had kept a record of the actions he considered continually undermined his work and contributions. If the employer were to take our client’s grievance seriously, they would likely need to take disciplinary action against the new management team.

If the grievance was not upheld our client would be left with little option but to resign and pursue a claim for constructive dismissal in the employment tribunal. If successful, this would result in compensation which far exceeded the initial settlement sum offered by the employer, with the tribunal asking itself how long it would take our client to secure another similar job moving forward.

We advised our client that his employer may well be willing to pay a larger sum of compensation in an attempt to avoid the grievance process which could take a considerable amount of time and resources that the employer may not be willing to spare.

Action taken

Our specialist employment solicitors contacted the company and advised that our client would be raising a formal grievance on the basis of their work and contribution being continually undermined following the appointment of a new management team. Our solicitors also raised a data subject access request on behalf of our client, which presented another administrative burden on the employer to increase pressure to settle. In asking for an improved settlement, we  asked for further compensation above that which had already been offered as well as a strong reference over and above the standard reference usually given, to reflect our clients strong performance in their role in the 10 years they had been at the company.

Our employment team also requested that the reason for dismissal also be amended from ‘by mutual consent’ to Redundancy.

Outcome

The company significantly increased its settlement offer and agreement to amend the reason to redundancy. Our client received an excellent reference and was able to find new employment in an exciting role soon after leaving their previous role.

Our expert solicitors are experienced in reviewing and negotiating high value settlement agreements and getting the best outcome for our clients. If you need assistance in reviewing a settlement offer or negotiating a more suitable offer please do get in contact with us on 0207 438 1060 we would be happy to help.

 

Sunita Sharma

Manages to explain difficult concepts in easy to understand language. In tune with her clients.

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