Without prejudice letter no.5 in series: Third letter from employee’s solicitor to employer

In this letter, we outline our client’s position regarding the counter-settlement offer made by her employer. As remedial steps could have previously been taken by the employer to enable our client to return to the workplace, we argue that a percentage of the salary that she would have been paid during this time should be part of the exit settlement agreement. This negotiation was concluded by phone. Our solicitor successfully negotiated a settlement including £35,000 termination payment, 30 days untaken holiday entitlement (£5,000), reimbursement of expenses incurred and £500 towards legal fees.

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From: [Employee’s Lawyer]

Sent: [30th September 2016] [10:49]

To: [Company Lawyer]

Subject: Private and Confidential: [Employee]

Without prejudice and subject to contract

Dear [Company Lawyer]

Thank you for your email of [22nd September].

I have taken instructions from my client and I think that it would be valuable if we could speak further. Prior to speaking, I thought it would be beneficial to outline my client’s current thinking.

[Employee] appreciates [Employer] indication regarding the ex gratia compensation payment, the payment in lieu of notice and holiday pay. As we discussed last week, my Client considers that there should be a payment in respect of her loss of past earnings. For example, there was a window of opportunity following the grievance outcome at the beginning of [May] when the remedial steps outlined could have been taken to enable my Client to return to the workplace. If those steps had been taken, it might have proved possible for her to have re-entered the workplace and she would have been in receipt of her usual salary from then onwards.

It is recognised that [Employer] takes the view that the ex gratia compensation payment is intended to compensate on both a retrospective and prospective basis. However, it would be appreciated if [Employer] were prepared to make an additional payment in respect of a percentage of salary that would have been paid had [Employer] taken the remedial steps to enable my Client to return to the workplace as outlined. A figure of £5000 is proposed in respect of this period.

I am not working today but will be more than happy to make myself available and trust that we can agree a constructive and positive conclusion. Please let me know when might be a convenient time to speak.

Kind regards

[Employee’s Lawyer name and signature]

020 7717 5259

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