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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48165
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Sorry had to cut off earlier. I am about to send an email

Resolved Question:

Sorry had to cut off earlier.
I am about to send an email to the employee setting out the firm's termination by mutual consent offer. This will be based on 7.5 weeks statutory notice, plus 23 days paid unused holidays, plus an ex gratia payment in lieu of shareholding, total £6500. The plan is to send this today, so that he can take it with him to his meeting with his Solicitor tomorrow and I will add "without prejudice"
What we need is the legal letter to be signed by both parties on Monday once we have agreed the amount to be paid. There is a margin for this to be increased.
I believe that the letter should state that this is full and final settlement and to close the door on any further claims from him.
Are you able to help with this please?
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. What you really need to do is draft a formal settlement agreement, which he needs to take to a solicitor who will advise him on it and get it signed off, only then would it really be a full and final settlement that prevents him from taking any action against the employer in the future. If you just signed an agreement without having gone through it as a formal settlement agreement, then even if you agree to it being being final, he could still sue the employer as it would not override legislation and what claims he can legally make against the employer

Customer:

Where can I get a draft agreement please for the Solicitor, as he is a general one rather than an employment one

Ben Jones :

I can supply a template settlement agreement, which you need to amend as necessary. Then the employee will need to seek their own independent legal advice on this and get the agreement signed off by their adviser

Customer:

Yes please.

Ben Jones :

http://www.mediafire.com/view/7zgvosdwk76myw7/Agreement.doc

Please let me know as soon as it has been downloaded so I can deactivate the link

Customer:

Thank you Ben I have the template

Ben Jones :

ok thanks for letting me know

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