Background
Our client contacted us regarding a performance issue with a senior department manager.
Problem
The issues were largely around the manager’s attitude, and the client had tried to deal with the issue informally, but without success. The next step would have been to embark upon a formal performance management process, but the client felt that that the relationship between the manager and their colleagues had irretrievably broken down, and that during the time needed to conduct such a process there would be a significant impact on service delivery.
Solution
We advised the client on alternative options available, including the instigation of a pre-termination discussion with the manager with a view to reaching an agreed termination of employment. We discussed the rules applying to such discussions in terms of their admissibility in any subsequent legal proceedings, and how they needed to be handled in order to provide for this. The client was attracted by this option but had little experience of dealing with such conversations so they appointed one of our consultants to meet with the employee on their behalf.
Our consultant approached the communications with the employee in a manner which ensured that they would be protected from being admissible in any legal claim should the parties not reach agreement. This enabled an honest and informed conversation to take place which explored the options available, and the benefits of an agreed termination for both parties. The conversation was followed up with clear written communications which again ensured that dialogue remained protected.
Outcome
Verbal agreement on the terms of the settlement were swiftly reached, and our consultant liaised with ACAS to finalise a formal conciliation (COT3) agreement which did not require the need for the employee to take independent legal advice, and ensured the whole process was completed within 48 hours and did not incur additional legal fees. The agreement included protections for our client against the employee disclosing any of their confidential information, or from making any derogatory statements regarding them, their business or their employees. The employee was paid compensation which enabled them to make a fresh start, and our client was able to make a clean break without the fear of an Employment Tribunal claim.
