How Walker Foster Helped

An urgent telephone consultation was arranged with Walker Foster’s employment lawyer, so that all details could be obtained and urgent, practical advice provided.  Walker Foster assessed and explained the legal risks of dismissing the employee, in terms of potential unfair dismissal and discrimination claims.  We explained the concept of a “protected conversation”, as a means of having a relatively low-risk discussion with the employee about leaving on agreed terms.  We also explained the benefit of the employee entering into a settlement agreement, which would prevent them from issuing any employment claims against the agency in the future, creating a ‘clean break’ between the parties.  This was done by telephone and followed up in a clear, bullet-point advice e-mail for easy reference going forward.

Draft “protected conversation” wording was provided, to give the agency confidence in having that conversation and to ensure they did not stray into high risk or unhelpful areas.  We helped them adopt the correct tone in their dealings with the employee, to provide the best chance of constructive and successful negotiations, keeping legal risks low.  This was important, as emotions were running high for both parties, due to the allegations that had been made and the lack of trust that had developed.

The estate agency came back for advice at each stage of the process, and as the situation developed and changed.  This included advice on an appropriate exit package, advice on the employee’s counter offer and help in strengthening the agency’s negotiating position by informing the employee of their concerns regarding her conduct and performance.  

The employee was initially reluctant to reach agreement and was clearly building a case for a Tribunal claim, so it was essential that the agency responded and managed this process with care and precision at each stage.  Avoiding knee-jerk reactions was key, as that would have given the employee strong grounds for a Tribunal claim and risked them walking away from negotiations.   Expert and timely advice from Walker Foster helped them to navigate these challenges.

When an exit deal appeared likely, Walker Foster provided a draft settlement agreement for use by the agency, together with draft e-mail wording for them to use when corresponding with the employee, to maximise the prospect of achieving a resolution.