Ask a Law Question, Get an Answer ASAP!
Hi Rob, under law she is only entitled to the following:
· Contractual notice period
· Accrued holidays
· Redundancy payment, which can be calculated here:
If her contract entitled her to an enhanced redundancy payment then that is what she would be getting.
If she only gets the statutory minimum then you are able to offer her an additional amount on top, it is entirely at your discretion. However, I would advise against simply offering her that and then terminating her employment as she can still come back and claim. What you should do is try to negotiate a settlement agreement with her, basically an agreement under which she is paid off to leave and in return she agrees not to make any claims against you. You need to get a solicitor involved with the preparation of this but it would be the ideal solution as then you know she is not allowed to make any claims against you once she has left.
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
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.