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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have an employee with 11 years service that we wish to

Resolved Question:

We have an employee with 11 years service that we wish to dismiss. Cost of redundancy as she is part time is around 6K so we would like to pay her this figure by way of a settlement agreement.If we do this and she agrees to go for this amoutn are there any risks we need to be aware of?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
Why do you want to dismiss her?
Customer: replied 1 year ago.
She dosent fit, long story but cant performance manage as is actually doing her job, basically though she needs to go. We cant do redundancy as we still need someone to fulfill this position.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Generally, there are no risks as long as a settlement agreement is done properly and they exclude all claims available under it. The agreement cannot exclude claims for personal injury or pension owed but any other claims you can cover yourselves for. You basically need the agreement to ensure that she gives up her rights to claim against you for unfair dismissal, and any type of discrimination. So there will be no risks really as long as she agrees to it and it is signed off by a solicitor to make it legally binding. The only risk is if she refuses to accept it and knows that you are trying to get rid of her. She cannot use the fact you offered her the agreement against you, but she can be out on notice that you are plotting a way to remove her and that could affect any future dismissal. So be sure to a reasonable degree that she will accept it before you try and approach her. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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