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Case Study 1

Daniel worked as an Export Manager for a small international company for three years. In June 2019 his employer informed Daniel that his position will be made redundant, as the company is planning to move its offices to a different country. A few days after Daniel completed his notice period, he discovered that his employer offered an Export Manager’s position to one of the company’s former clients.

What did KLG do to help?

KLG advised Daniel that his situation amounts to a sham redundancy, and that Daniel will have strong grounds to bring a claim for unfair dismissal. There was clearly no genuine redundancy situation if an employer offered the same job role to another person just a few days after Daniel completed his notice period. The employer completely failed to follow a fair redundancy process and tried to use redundancy as a “fair” reason to end Daniel’s employment with the company. KLG contacted Daniel’s employer setting out the grounds for Daniel’s unfair dismissal claim. As a result, KLG negotiated a generous settlement package for Daniel.

Case Study 2

Catherine worked as a Director for a large organisation. She told us that her employer offered her a settlement agreement shortly after she went on maternity leave. Catherine’s employer continuously called her for a few weeks asking whether she would be happy to accept a settlement offer and leave the organisation. Catherine came to see us seeking advice on whether the offer made by her employer was reasonable and whether a higher settlement award could be negotiated.

What did KLG do to help?

KLG advised Catherine that the employer wanting her to leave whilst she was on maternity leave amounted to maternity discrimination. Catherine confirmed to us that the relationship broke down with her employer, and she no longer wanted to return after her maternity leave. We contacted Catherine’s employer and negotiated an outstanding settlement package, twice higher than the initial offer made by Catherine’s employer.

Case Study 3

Adrian worked as a Mortgage Advisor for one of the most prestigious companies in the UK for just over one year. Recently, Adrian’s manager has changed. The new manager started bullying Adrian and raised issues in relation to Adrian’s performance. Adrian was shocked to hear the allegations about his performance and raised a grievance against his manager. Adrian’s employer offered a settlement agreement to Adrian under the conditions that Adrian would withdraw his grievance.

What did KLG do to help?

We had a meeting with Adrian where we explained to him that unfortunately, due to Adrian’s length of service (less than two years) he would not be able to bring a claim for constructive or unfair dismissal. We reviewed Adrian’s settlement agreement and noticed that his employer did not include Adrian’s bonus which Adrian was entitled to, as the Company achieved its target. We contacted Adrian’s employer and amended the settlement agreement by adding the bonus award Adrian was entitled to. Adrian’s employer agreed to this amendment and the settlement agreement was finalised between the parties. If Adrian did not seek legal advice he would have missed out on a £55,000.00 bonus. His untaken accrued holidays were also worked out incorrectly.

Case Study 4

Simran worked as a teacher for a private school for the last 20 years. She was made redundant and her employer provided her with a Settlement Agreement. Simran was seeking advice on the content of the Settlement Agreement and wanted to make sure that the redundancy pay stated in her Settlement Agreement was correct.

What did KLG do?

Having reviewed Simran’s contract of employment and her payslips, we understood that Simran’s employer did not calculate her award correctly. Simran’s employer calculated her award based on 10 years of service and not 20 years of service. We made amendments in the settlement agreement, which were then agreed by Simran’s employer and signed by both parties.

Case Study 5

Bilal worked a sales executive at a Pharmaceuticals company for three years. He was informed by his employer that he was at risk of redundancy. His employer followed a fair redundancy process and commenced without prejudice conversations with Bilal. Bilal came to see us to understand whether his employer can make him redundant, as he recently saw a job advertisement for his position on internet.

What did KLG do?

We advised Bilal that this is a sham redundancy situation, as his employer is attempting to hire someone for his position. We explained to Bilal that he can bring a claim for unfair dismissal. We contacted Bilal’s employer and set out the grounds for Bilal’s unfair dismissal claim. We informed them that we are fully aware of the company’s intentions to hire someone else for Bilal’s position and that his redundancy situation was not genuine. We negotiated an enhanced settlement package for Bilal. Provided that negotiations took a number of email exchanges and calls with the company, Bilal’s employer agreed to pay Bilal’s legal fees.

Case Study 6

Maria worked as a Project Manager for a Law Firm for 4 years. Around a year ago, Maria’s employer raised an issue in relation to Maria’s performance, specifically Maria’s English language skills and her Spanish accent. Maria’s employer informed her that they intend to place Maria on a Performance Improvement Plan or they would need to commence without prejudice conversation. One of the aspects of Maria’s PIP was that she needed to attend English language course, which her employer did not wish to fund. Maria could not understand why her employer did not raise any issues in relation to her English skills in her first three years of employment. Maria did not wish to pay for her English courses and her employer provided her with a settlement agreement.

What did KLG do?

We advised Maria, that it appears to us that she would have potential claims for race discrimination and unfair dismissal, as her employer was trying to end her employment with the company by relying on Maria’s allegedly poor English language skills. We contacted Maria’s employer outlining our position and negotiated a generous package for Maria, taking into account current job market situation, and the fact that Maria had to return back to Spain if she was not able to find a job in the UK.

Case Study 7

Chris worked as an Assistant Manager at a Charity store for 7 years. Due to Chris’s personal circumstances he started suffering from a severe depression. Chris’s employer referred him to an Occupational Health Therapist who prepared a report confirming that Chris’s condition amounted to a disability in law. The report specified reasonable adjustments that his employer should have made to support Chris allowing him to gradually recover from his depression. Instead of offering Chris the support he needed, Chris’s employer gave him extra responsibilities and made him work overtime. Chris’s condition deteriorated and he went off sick. Whilst on sick leave, Chris was contacted by his Manager who offered him the option of resigning.

What did KLG do?

We contacted Chris’s employer and explained to them that their conduct amounted to disability discrimination as no support was offered to our client and he was asked to resign. We informed Chris’s employer that Chris has strong grounds for disability discrimination claim. We negotiated an outstanding package for Chris and he successfully secured a new job few months later.

Case Study 8

Philip worked as a Director at a retail company for the last 10 years. Due to personal circumstances, he had to leave the company, and was provided with a settlement agreement. He came to see us and obtain advice in relation to his settlement agreement, and specifically restrictive covenants.

What did KLG do?

We reviewed Philip’s settlement agreement and noticed that the restrictive covenants placed by his employer, were extremely broad and he was not allowed to work for a competitor for the next 5 years. We contacted Philip’s employer and explained that such a clause is unreasonable, and we cannot advise our client to sign this. As a result these negotiations the parties agreed to limit this period to 6 months.

Disclaimer: The above information should not be taken as legal advice. For legal advice on employment law matters please contact a member of our team directly.

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“I am extremely grateful for the support I received from Anita during a very difficult time with a previous employer. It felt I was in a battle, but someone else was fighting that battle for me. Anita had my best interest at heart all the way, I really cannot praise her enough.”

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Kalra Legal Group
Clyde House
Reform Road

Tel: 0330 221 0684
Email: info@klglaw.co.uk

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