Unfairly Dismissed but compensation paid under Settlement Agreement

Mrs S found herself accused of bullying a colleague. She was suspended pending her employers’ investigation into the allegations. The results of the investigation did not support the allegations and Mrs S had no prior warnings on her personnel file. However regardless of this she was dismissed on the grounds of misconduct.

Mrs S lodged a formal appeal with her employers detailing in writing the reasons and evidence as to why she believed the dismissal was unfair and requesting they review their decision. In response her employers offered her a Settlement Agreement that included providing her with compensation for her loss of employment.

Mrs S instructed Slee Blackwell’s Employment Team to provide her with guidance in connection with the Settlement Agreement. Slee Blackwell advised Mrs S that she had a potential unfair dismissal claim against her employers but that the Settlement Agreement not only offered immediate suitable compensation but also guaranteed a positive reference for any future employers. Mrs S therefore chose to accept the Settlement Agreement rather than face the potential stress, delay, and expense of pursuing the matter through an Employment Tribunal.