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.
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