These detailed case studies set out a chronological account of what happened, including the written correspondence used (all details have been changed to preserve confidentiality).
Detailed case studies:
Constructively dismissed via a relocation attempt
Due to a restructuring within the business, our client was subject to a constructive dismissal scenario via a relocation attempt where his role was relocated from Manchester to Birmingham.
Dismissed after customer complaint
Our client was dismissed for gross misconduct following a customer complaint and some alleged financial irregularities with an account.
Excessive workload caused sick leave
Our client, a senior manager on 50 hours per week was asked to cover for a colleague who had left. This meant doing 70 - 80 hours per week. Our client then suffered from work related stress, and went off sick, after which he was offered a settlement. We increased the offer for him.
Short case studies:
Our Client was signed off with stress and depression and her employer offered to pay her in lieu of her notice to leave employment. Following, our intervention we were able to secure a settlement which was equivalent to her annual remuneration package.
The settlement included additional provisions for continuing some contractual benefits for six months post-termination and outplacement support.
Simple and straightforward
We advised our client on the consultation process, in particular that the Company was likely to be vulnerable to a protective award claim for a failure to inform and consult under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Our intervention resulted in a higher settlement and full release on onerous restrictive covenants. The Client was so impressed he referred his colleagues and we secured the same terms for the referred clients.
Is a protected conversation really protected?
We were able to point out to her employer that the conversation about settlement was not protected because they had already told the employee she was to be dismissed. As such they had no defence to an unfair dismissal claim. We were able to more than double the amount of compensation offered.
Using Sick Leave during a PIP
The consultant was severely stressed due to his impending loss of employment, so we advised him of his right to take sick leave due to stress. While he was on sick leave, his employer were unable to advance the PIP as they could not fairly assess his performance when he wasn’t there.
We were able to negotiate a settlement significantly in excess of the 3 month period the employer would have taken to complete the PIP had the consultant remained at work.
Unfair treatment during maternity leave
Although the employee was informed of the changes being made, she was not consulted about the impact on her role or given the opportunity to apply for the new roles her colleagues had been promoted to.
The employer felt very strongly that they had done nothing wrong as the employee’s role still existed and they were very keen for her to return to it. They felt the fact that other people were promoted was immaterial to her position.
We were able to explain to them that excluding the employee from discussions about the changes and denying her the opportunity to be considered for the new roles (even if she would have been unsuccessful) in effect treated the employee as though she was not part of the team, and the reason for this treatment was the employee’s maternity leave.
As such, the employer actions were discriminatory. The employer reconsidered their position and agreed a substantial settlement.