Employment solicitors turn disciplinary action into £15,000 settlement agreement
Our client was invited to a disciplinary hearing and after consulting with our employment lawyers at Digby Brown, it was clear that the company was treating our client unfairly and unlawfully.
No investigation before calling disciplinary
It was found that the company took no investigation before calling a disciplinary hearing and our client had not been invited to an investigation meeting. This placed the company in breach of the ACAS Code on Disciplinary and Grievance Procedures 2015 and also their own internal disciplinary procedures.
Accused of underperformance – no evidence to support this
Our client was also accused of underperformance – although he was the highest performing employee in the UK. There were also others in a similar role who were underperforming – but not facing disciplinary action.
Derogatory and discriminatory remarks from employer
There were also incidents where our client’s line manager had made derogatory and discriminatory remarks against our clients’ nationality. Although this had been raised informally, it continued to go on.
What did DigbyLaw’s Employment solicitors do?
Our employment solicitors raised a grievance and requested the disciplinary action was removed and instead, the company investigated the grievances’ of our client.
We also suggested that because the company seemed to wish to remove our client from their business, that a settlement agreement may be the best solution for both parties.
A settlement agreement can be used to end an employee’s contract and settle any potential disputes. This protects the employer from any potential employment claims and the employer will often pay compensation.
Detailed grievance lodged
The company did not agree to a settlement agreement initially and our employment solicitors helped protect our clients’ position by assisting with a detailed grievance. The company agreed to deal with the grievance first, before continuing with the disciplinary at our lawyers request.
A hearing was called to discuss the formal grievance, but they did not vote in favour of our client. As such, we lodged an appeal.
Although the appeal was turned down, we were still able to lodge another grievance. By this time, the process had been on-going for almost 6 months.
Employer agreed to settlement agreement
In the end, the company agreed to a settlement agreement after pressure from Digby Brown and our employment solicitors negotiated the terms.
Doubled compensation to £15,000
We managed to increase the compensation by 50% to £15,000 (which was tax free) with an agreed reference which we exercised control over.
The company also agreed to remove the disciplinary action.
Given best chance to find new employment
This has allowed our client to pursue new employment elsewhere without being hindered by a disciplinary on his employment record or a bad reference.
The compensation has also given him time to secure a new position without facing financial hardship or undue worry.
Legal fees paid by employer
In addition to this, his employer paid the legal fees for the settlement agreement. Although our client paid privately for employment advice throughout the 6 month process, this amounted to only £2,000 – and made sure he got the end result that he wanted.
What did the client have to say?
“My employment solicitor was always on hand to advise and treated me with great respect, I firmly believed I had a solicitor who would help me fight and win, and they certainly did not disappoint”