Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Is he happy with the package? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks
Thank you. How long has he worked there for?
Thank you. Any such severance package will be voluntary which means that he is not legally obliged to accept it unless he is happy with it. It’s often an easy way out for both parties as he gets a guaranteed pay out and they get the security of knowing he won’t claim against them, so it is a clean break. However he cannot be forced to accept it, especially if he is not happy with the offer that’s on the table. He could therefore continue negotiating with them until he has an offer which he is happy to accept.
Once he is ready to proceed he will need to make an appointment with a lawyer who will go through the offered, explain it in detail and sign off the certificate at the end to confirm he has taken legal advice over it. That is what the legal fees that are paid as part of the agreement are for. Without such advice and a signed certificate, the agreement will not be legally binding.
Does this answer your query?
No – performance management will only result in a capability dismissal, which attracts a notice period on termination still. Only a gross misconduct will result in dismissal without notice.
Not if you have agreed to the settlement agreement which would result in him giving up his rights to claim. So you would have to reject the proposal and once the termination has taken place, you can then claim in the Employment Tribunal if needed.
Does this clarify things a bit more for you?
All the best