Thomson Snell & Passmore assist in reaching a commercial settlement

Nick Hobden was contacted by a disability charity. One of the client’s employees was dismissed following long term sickness absence. The employee initiated claims totalling £19,527.57 for disability discrimination, unfair dismissal and injury to feelings, with uplift for failure to follow the ACAS Code of Practice.

The charity’s position was not strong. It had not followed the ACAS Code of Practice, had inappropriately used disciplinary procedures for what was a capability matter and had failed to make reasonable adjustments in respect of the employee’s disability. Given the client’s status and given the client’s poor prospects at trial, it was important to reach commercial settlement quickly.

Nick Hobden advised the client on prospects and the appropriate range of settlement. After the weaknesses in the employee’s claim were highlighted, Nick Hobden was able to agree a settlement figure of £13,000, at the lower end of the anticipated settlement range and well within the client’s budget. A settlement agreement was quickly completed and the matter brought to a close.

Settling the matter quickly was of much greater importance to the client than the sum of money involved. As such it was critical that the claims were minimised and settled swiftly with no adverse publicity.