Employer D

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Employer D informed us that they had a member of staff who had been employed by them for 2 and a half years but who had underperformed from an early stage. They had not had the time to address this previously, but matters had now reached a head and customers were complaining. They took advice from us as to their options and decided that holding a protected conversation with the employee under section 111A of the Employment Rights Act 1996 was the best way of achieving a severance of the employee’s employment without lengthy delay. This involved them offering the employee a modest severance payment in addition to his contractual notice entitlement, which he accepted, and a settlement agreement was concluded after he had obtained advice from an independent solicitor.

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