Settlement offer where there is no grievance

[Rayna]

My husband has been 'suspended' from work and given a solicitor letter with a settlement agreement to end his employment. He has not had a disciplinary. There is no formal grievance. Is the suspension unreasonable? He is receiving full pay. No info given on why they want to end his employment or why he is suspended.

[ULA]

Just some initial questions:

1. Has there been anything that has happened recently with your husband and his employer such as a disagreement even if there has not been a disciplinary or grievance?

2. Has your husband had any formal (written) confirmation of his suspension?

3. Has a reason for the termination been detailed in the Settlement Agreement (SA)?

4. Does the SA allow for your husband to take independent legal advise with a cost given that the employer will contribute towards?

5. How long has he been employed at the company?

[Rayna]

1. He asked for a review regarding his probation. This was not actioned.
2. Letter saying not required to attend work while considering their SA. No other reason given.
3. The boss does not invite open communication with employees. My husband needed to know how he was doing as no reviews at all in the 6 month probation. Extended for 3 months due to being unwell with Covid. Seemed excessive so he sought clarification. They did not like this!
4. Yes they will get pay for legal advice.
5. 7 months.
My question is, is the suspension unreasonable? He hates being off work. From his perspective there was no disagreement when the SA was given. Thanks in advance

[ULA]

In answer to your question It is not unreasonable for an employer to require an employee not to attend work whilst an SA is being discussed/negotiated and they are correctly continuing to pay him during this time. In addition they are correctly making a contribution to him having independent employment law advice and that person would need to sign off the SA as the legal adviser.

Given that your husband only has 7 months service at the company, then effectively he can be dismissed for no reason and it would only be considered an unfair dismissal, if the reason was in fact discrimination or is covered by a few other specific situations.

[Rayna]

Thank you. It is difficult for me to explain in detail. The reason for wanting to get rid of him is related to a known disability. He has done nothing wrong. They were able to end his probation negatively but they had not followed a fair and proper process e.g no reviews, no guidance on what was needed to enable him to pass. It is simply a case of them not liking him for reasons related to his disability. They could have done a lot more to assist him but chose not to. He is a hard worker with a great work ethic. Thank you for your help.

[ULA]

Disability discrimination would be a potentially unfair dismissal even without 2 years service and that would explain the reason for the SA. An SA means that your husband gives up his rights to bring a claim in respect of his termination from the company.

I presume your husband's disability was known about when they employed him or soon after?
Did his employer ask about any reasonable adjustments for him to do his job. He may not have needed them but did they ask the question if they knew of his disability?

I would suggest that given he has access to a level of paid legal advice that he speaks to an employment law adviser as soon as possible about the SA. Given how the company has treated him I am not sure whether he would would want to continue working for them anyway now. The SA should provide some additional monetary incentive, over and above what they are obliged to give his either statutory or contractually whichever is the greater, for him to give up his rights to bring an unfair dismissal claim. The adviser would be able to say whether the additional incentive is at the right level and if not they should on your husband's behalf try to negotiate a higher payment, albeit the company may not agree.