We have a number of commercial clients who benefit from our advice lines, where they can call or email us to seek advice regarding employment issues.
One of our clients reached out to the Employment team in relation to a particularly difficult employee.
Together the client discussed the steps that could be taken during a potential furlough/self-isolation situation involving the employee. In light of discrepancies in the employee’s story, advised that the employee should be invited to explain the inconsistencies but remain on statutory sick pay during his absence.
The employee declined the opportunity to clarify these issues and refused to return to work. Eventually the employee raised a grievance which ultimately did not find in his favour, in light of the careful planning that the client had undertaken.
Consequently, the employee resigned and commenced the ACAS early conciliation process with the view of taking the matter to tribunal on the basis of constructive unfair dismissal and disability discrimination.
Thanks to the careful planning and close working relationship between the client and the team, they ensured that the correct process was followed. As a result, the client was able to negotiate with the employee a very prompt and commercial settlement on the basis that his claim had no prospects of success.
Our advice line provides peace of mind to our clients that issues like this do not get off the ground and through strategic use of them, our clients can avoid claims being lodged at the employment tribunal.