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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49851
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Dear Ben, I am in my current employment since November 2014.

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Dear Ben Jones, I am in my current employment since November 2014. Yesterday, my new line manager told me that I am not good enough go the direction this NGO and he wishes to terminate my employment, without any preceeding warnings. He was offering a payment of about 3 months taxfree and asked me to contact our HRmanager within 48 hours. I wonder if this is the correct procedure and how are my chances to sue them for unfair dismissal. I am 60 years old. Attached the first page of the settlement agreement. I appreciate your quick answer. Sincerely ***** *****

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 5 months ago.
Hi ben, I hope it works this time...

I don't think it is working for some reason, we may have to continue here. Can I check how long you have worked there for please?

Customer: replied 5 months ago.

Thank you. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances.

So they cannot just approach you and decide to dismiss you on grounds of capability without there being a fair procedure. This would involve time, especially for performance reasons where they need to identify the areas for improvement, give you time to work on them and should only consider dismissal if there is an ongoing failure to improve.

However, they can offer you a settlement agreement and if you reach a mutually acceptable deal, you can end your employment through it, although no one can force you to accept it.

So if they proceeded to dismiss you now, without a settlement agreement, simply by saying you are not good enough and without following a fair procedure, the dismissal is indeed most likely to be fair. But if the right deal came along and you manage to negotiate something with the settlement agreement that may also be an option instead of the expenses, time and resources of going to tribunal.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 5 months ago.
Dear Ben, thank you for answering my question, but I am a bit confused now.
You wrote: "So if they proceeded to dismiss you now, without a settlement agreement, simply by saying you are not good enough and without following a fair procedure, the dismissal is indeed most likely to be fair."
If we reach a settlement, how much money could I expect 6 month salary tax-free ?
Offering a settlement agreement means that they can avoid the dismissal profess even if it was unfair and you also can't claim in the future. It's a clean break. I was saying that if you reject the settlement and stick with your job but instead they just go ahead and dismiss you then it is likely to be unfair. If you did reach settlement then it is wrong to word it as 'what you could expect'. You can't technically 'expect' anything because a settlement agreement is something negotiated between you both and in the end it is what you are willing to accept and they are willing to pay. So you can expect 6 months tax free but they may be unwilling to pay that so they could refuse to agree a settlement. It is all about negotiation in the end and trying to agree on a figure. But of course you always have the negotiating point that if they proceed with a dismissal you will challenge them in tribunal so that's why it's beat to agree on something now. Does this clarify?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 5 months ago.
Hi Ben, as I moved now back to Berlin, is it possible to claim unemployment benefits here in Germany?

I am afraid you have to ask a German lawyer that question as I am only qualified in UK law, sorry