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Case Study: Unfair Terms


Our employment team was approached by Mrs X who felt that she was treated unfairly during the settlement agreement process.

Case Details

Mrs X had worked as a sales executive for five years, but in recent months had struggled to cope with her targets, and had made a couple of mistakes. She explained to us that she was struggling to concentrate due to going through a nasty divorce, and had informed her employer who “didn’t seem to care”.

She also explained that the organisation had undergone a management restructure, and found her new manager to be unapproachable and insensitive, which she said was adding to her struggle. 

One morning, Mrs X was called into a meeting without any warning where she was told that her performance was “not up to scratch”, and was told they wanted her to leave. Her employers offered two month’s salary, plus her notice pay on the condition that she signed a settlement agreement.

Our Advice

Firstly, our employment team put Mrs X's mind at rest by informing her that settlement agreements were relatively common in this sort of situation. However, upon investigation, it appeared that her employer had approached the issue incorrectly.

Mrs X instructed us that she could not face returning to her employment and wanted to leave. We agreed to try and secure a better settlement package from her employers.

How We Helped

We wrote to Mrs X’s employer to let them know that she had a good claim for unfair constructive dismissal, pointing out the failings in their approach.

After negotiation, her employers admitted misconduct and agreed to a new settlement for Mrs X, including compensation equivalent to eight months’ salary, notice pay, an agreed reference and permission to keep her laptop and mobile phone.

Mrs X was very pleased with the result, as it enabled her to find alternative work, retain an unblemished service history and compensation for the manner in which she had been treated.

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

Contact Our Experts Today

If you have been involved in a similar situation, and believe your rights have been breached by an employer, please get in touch with Lupton Fawcett today for comprehensive legal advice and guidance.

We provide our settlement agreement services to clients around Yorkshire and beyond from our offices in Leeds, York and Sheffield. You can get in touch with us by calling us on 0333 323 5292, or by filling in our online contact form and we will get back to you.

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