Employment Law Advice For Employees -  Doswell Law - Kent
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Recent work for employees

Henry Doswell has extensive experience of all areas of employment. His recent work for employees includes the following:

Employee needs advice on a settlement agreement

Henry was asked at short notice to advise an employee on her rights when her role was put at risk of redundancy. He was also asked to advise on a proposed settlement agreement. Henry held a meeting with the employee to discuss the background to the redundancy situation and to give the employee detailed advice on the terms and effect of the settlement agreement.

Outcome: Henry was able to provide prompt advice to the employee on her possible tribunal claims and whether to accept the settlement agreement. Henry successfully renegotiated some important amendments to the settlement agreement and a final agreement was reached within 10 days of the initial instructions being given. The employee’s legal fees were covered by the employer’s agreed contribution.

Employee faces disciplinary proceedings for poor performance

Henry was asked to advise a senior executive who was being subject to disciplinary proceedings for poor performance. Henry carefully advised him at every stage of the disciplinary process from the first written warning to the final decision by his employer to dismiss him for poor performance. With Henry’s help he was able to challenge many of the allegations of poor performance, which in turn significantly improved his bargaining strength before the decision was made to dismiss him.

Outcome: Once settlement discussions commenced Henry was able to successfully renegotiate his exit package, which included increasing the initial settlement offer from £15,000 to just over £40,000. Henry was also able to secure him 6 month’s outplacement support, an agreed form of reference and the removal of his post-termination restrictions. Henry also secured payment of half his legal fees.

Employee resigns after being sexually harassed by her line-manager

Henry was asked to advise an employee on her rights, which included a detailed assessment of her tribunal claims for constructive dismissal and sexual harassment against both her line-manager and employer. Henry quickly established that she had strong claims for constructive dismissal, sexual harassment and victimisation. After attempts were made to settle her claims she instructed Henry to prepare her claim form (Form ET1) so that she could enforce her rights at the employment tribunal. Henry represented her throughout the tribunal proceedings. Tribunal preparation included attending a preliminary hearing on her behalf, preparing a schedule of loss, agreeing a trial bundle and drafting her witness statement.

Outcome: After several months of litigation her employer made a settlement offer of £60,000, which included an award of £16,000 for injury to feelings. The employee accepted the offer and withdrew her tribunal claims. Henry also negotiated for additional terms of settlement through ACAS, which included an agreed form of reference and suitable restrictions to limit the risk of derogatory statements being made about her. The employee went on to secure a new job within the same industry and was able to put the incidences of sexual harassment behind her. Her total legal fees were covered by her legal expenses insurer.

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