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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47404
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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An employee within an insurance brokerage is employed as office

Customer Question

An employee within an insurance brokerage is employed as office manager. He and the Director have been having difficulties over a period in excess of 18 months. There was an instance of fraud by the Manager in 2012, which was a serious concern to the insurer, as the Manager changed details on his personal insurance policy to reduce the premium.
The Director dealt with the case and resolved to the satisfaction of the Insurer but did not proceed with disciplinary; but rather spoke the manager and thought all would be well thereafter.
Confidence was lost and the manager has felt that he has been picked on thereafter for errors not always his. There is evidence that he is damaging the office atmosphere and being difficult with colleagues.
It is a small office of only four including the two parties. The Manager is claiming to be bullied and has asked for redundancy and payments and want to leave as soon as he can. The Director wants him to go. I am holding a Settlement meeting with them both on Monday 10th March (I am experienced in such meetings) and would appreciate guidance on what basis they can part company and on the financial package to be offered please? The Director would be happy to release him immediately with pay rather than have him in the office to do further damage. I am also concerned to secure client data.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When did this person start working for you exactly?

Customer:

I am the Business and compliance advisor for this firm and so am not based in the office. The firm has been contracted to me for over 5 years and the employee has been there for this period at least.

Customer:

Do you have a response please Ben?

Ben Jones :

Preparing it right now

Ben Jones :

This is a difficult situation because the financial package to be offered is really only going to work if the employer is willing to pay it and the employee is willing to accept it. They could be poles apart or it may only take a short negotiation to agree on it. But until you start negotiations you may never know and in your case you would only be aware of the company is willing to pay. As this is not a redundancy situation you do not have to offer a redundancy payment but as a minimum you are looking at the contractual notice period, any outstanding holidays and some additional payment as an ex-gratia amount to add as a 'sweetener' for them to leave. It is this additional payment that would be under negotiation and until they start negotiating the amount you may not know how close they are to what they are willing to pay/accept. You may for example start with a few months' extra pay and then see how the negotiations go before deciding whether it can be increased slightly just to reach a deal. As to the reasons for termination, whilst they could try and state redundancy on the agreement, if it is investigated by HMRC and they see it was a sham redundancy, then the tax treatment of payments could be affected. They could just state it was termination by mutual consent

Customer:

That is very helpful Ben and your last sentence was something I was not sure of.

Customer:

The employer is not trying to limit a payment but rather to settle and avoid further tribunal problems. I have looked up the redundancy payment which would apply and thought that an additional two months salary would be reasonable. It is the wording on the agreement which I also questioned and it sounds as if this should be called something which confirms "by mutual agreement". Is there such a template available please? Do you think the basis of the offer I have mentioned would be deemed to be reasonable. Also can we tell him that we will only provide a factual reference and not a character reference?

Customer:

Ben, when replying can you please tell me how I can print or save our exchange of messages please?

Ben Jones :

The offer is reasonable but as mentioned unless he is happy with it then it would not matter as you need the agreement of both parties to proceed. You do not even need to mention the reason for termination in the agreement as it is usually a confidential document so a justification of the reasons does not need to be stated as others will not really see it anyway.


You have a few options to save:
a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Customer:

Thank you Ben

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Ben the system says that you answered at 10.56 but I can't find your answer

Expert:  Ben Jones replied 3 years ago.
Hi, please check the other thread:

http://www.justanswer.co.uk/law/8bhep-sorry-cut-off-earlier-i-send-email.html
Customer: replied 3 years ago.

Still can't find it sorry.

Expert:  Ben Jones replied 3 years ago.
did you follow the link: http://www.justanswer.co.uk/law/8bhep-sorry-cut-off-earlier-i-send-email.html