Tweet
Hi there, I have a question about the requirement for 10 days of employee consideration on a settlement agreement. Timeline details of the case below:
1. Employee has 2+ years of service and the potential for a protected characteristic.
2. Company has performance concerns about the Employee.
3. Company holds a protected conversation with the employee.
4. Company tells Employee that the protected conversation is highly confidential in nature, and should not be disclosed to anyone other than family / partner.
5. Company follows up the confidentiality requirements in writing. Confidentiality breach is listed explicitly within the company handbook as being gross misconduct.
5. Employee receives 10 days at full pay to consider the terms of the settlement agreement + a budget for legal advice.
6. Employee declines the settlement agreement on day 10.
7. Employee submits a grievance on day 10.
8. Employee goes "on the sick" on day 10.
9. Company receives word from another employee (Colleague), that the Employee in question has disclosed the nature of the settlement discussions to them.
10. Colleague confirms that the disclosure was in writing, and provides the Company with a screenshot.
11. Company now has a case for gross misconduct and summary dismissal.
12. Company would like to confront the Employee with this information when they are back from "the sick".
13. Company would like to re-offer the settlement agreement, but with the following terms, now that there is a very clear cut case for summary dismissal and no notice pay:
a) The settlement figure is reduced to just £1.
b) Employee receives their notice period.
c) No deductions for overused holidays.
Questions:
1. Given that the employee very recently turned down the original settlement agreement, does the Company need to offer another 10 days at full pay for the employee to consider again (as per 13.)
2. As above, does the Company need to offer a further budget for legal advice (as per 5.)
Thanks!
1. Employee has 2+ years of service and the potential for a protected characteristic.
2. Company has performance concerns about the Employee.
3. Company holds a protected conversation with the employee.
4. Company tells Employee that the protected conversation is highly confidential in nature, and should not be disclosed to anyone other than family / partner.
5. Company follows up the confidentiality requirements in writing. Confidentiality breach is listed explicitly within the company handbook as being gross misconduct.
5. Employee receives 10 days at full pay to consider the terms of the settlement agreement + a budget for legal advice.
6. Employee declines the settlement agreement on day 10.
7. Employee submits a grievance on day 10.
8. Employee goes "on the sick" on day 10.
9. Company receives word from another employee (Colleague), that the Employee in question has disclosed the nature of the settlement discussions to them.
10. Colleague confirms that the disclosure was in writing, and provides the Company with a screenshot.
11. Company now has a case for gross misconduct and summary dismissal.
12. Company would like to confront the Employee with this information when they are back from "the sick".
13. Company would like to re-offer the settlement agreement, but with the following terms, now that there is a very clear cut case for summary dismissal and no notice pay:
a) The settlement figure is reduced to just £1.
b) Employee receives their notice period.
c) No deductions for overused holidays.
Questions:
1. Given that the employee very recently turned down the original settlement agreement, does the Company need to offer another 10 days at full pay for the employee to consider again (as per 13.)
2. As above, does the Company need to offer a further budget for legal advice (as per 5.)
Thanks!
Comment