Case study: settlement agreement increased by 40% after negotiation with employer

Our employment law Associate, Natalie Pring, recently supported a client in negotiating a settlement agreement with her employer after her employment was terminated.

Settlement agreement offered by employer

Our client, Mrs E, instructed Barcan+Kirby when her employment was terminated after being on long-term sick leave. Her employer presented her with a settlement agreement, which was offered in order to waive any employment claims she might have had against the company.

Natalie and Mrs E discussed the background of the case to understand the circumstances which led to the settlement agreement being offered, and whether the offer was reasonable.

Protection under the Equality Act 2010 for disability

During the discussion with Mrs E, it became clear that our client was disabled under the Equality Act 2010 because she had bowel cancer. Unlike other conditions, as soon as you are diagnosed with cancer, you are protected as a disabled person under the Equality Act 2010.

Our client had worked for her employer for over 20 years. Prior to her employment ending, Mrs E was on long-term sick leave. Although they did offer her an alternative role to support her return to work, this was not suitable as it did not offer her enough hours. Besides this, no other reasonable adjustments were offered to support our client.

In her case, Mrs E could have benefited from her employer offering:

• An alternative role, suitable for her needs and requirements
• A change in her job description to accommodate any tasks that cause difficulty
• Reallocation of a portion of her workload to a colleague

Settlement agreement negotiation

Natalie and Mrs E met with the employer to negotiate a higher settlement to better support her whilst out of employment.

Natalie successfully negotiated with the employer and increased the settlement agreement by nearly 40%. This increased compensation will give our client financial security during a difficult period in her life.

After receiving the settlement, Mrs E said:

“Excellence customer service and Solicitor. Will use again and thoroughly recommend.”

Contact our settlement agreement solicitors

If you are unhappy about a settlement agreement that you have been offered after an employment termination, whether that’s from redundancy or a particular grievance, we may be able to help.

Our employment law solicitors work with employees across the UK from our offices in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. To speak to a member of our team, call us on 0117 325 2929 or complete our online contact form.