A Settlement Agreement Case Study - Client Situation
The employee was employed for three years and was unfortunately diagnosed with cancer in her second year. As a result they were off work for about a year and wished to return to work the following Autumn.
Being diagnosed with, and suffering from, cancer affords an employee disabled status for the purposes of employment. As such, the employee cannot be treated less favourably than other employees who do not have a disability.
On their return, Human Resources advised that their role no longer existed and they would be made redundant.
The employer sent a letter to the employee, citing recent funding cuts as the reason for their role being made redundant.
How We Helped
The employee contacted our Employment Solicitors shortly after receiving the redundancy letter. The employer was offering an unacceptable sum to the employee as a redundancy payment.
During the course of their employment, after the cancer diagnosis, the employee discovered that management had disclosed this diagnosis to other members of staff without her permission. Our client was very upset confidential information was being shared in this fashion.
Additionally our client learnt that very derogatory remarks had been made about her concerning her disability.
This unfair treatment allowed us to argue that the redundancy process was a sham, and the main reason the employee was being made redundant was for reasons connected to her disability. We lodged a series of formal grievances with the employer.
The employer continued to treat our client unfavourably (including trying to force attendance at a meeting even though the client was too ill to attend). Eventually the Employer dismissed our client and only paid the statutory minimum.
In preparation to progress the employee’s case further, we approached ACAS and the Early Conciliation process was engaged. The case was handled remotely for our client through phone calls, emails and correspondence.
As we had lodged a series of grievances and built up strong arguments we had the upper hand in negotiations and were eventually able to settle the case for an attractive sum for our client and also obtained a significant contribution towards the client’s legal fees.
Our Employment Solicitors successfully achieved a Settlement Agreement payment of close to £30,000 for our client, which was almost double what was previously being offered and we also negotiated an agreed work reference for our client.
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