In this month’s update, we look at cases highlighting the importance of the wording of a termination letter and the need for a Tribunal to ensure that sanctions for non-compliance remain proportionate. We also highlight some issues to consider if an organisation is considering trialling a four-day week.
In the case of Meaker v Cyxtera Technology UK Ltd , the Employment Appeal Tribunal made a decision that is a useful reminder about the importance of the precise wording of termination letters and settlement agreement proposals.
Mr Meaker had suffered back injuries and was absent for an extended period. A conversation was held with HR in which he was told that the employer was considering terminating his employment and the possibility of a settlement agreement was raised.
On 5 February 2020, the employer sent him a letter headed “without prejudice”. The letter stated, amongst other things:
“We have agreed that your employment with the Company will terminate by mutual agreement by reason of capability….. Your last day of employment will be 7/2/2020 and you will be paid up to that day in the usual way….we will make a payment in lieu of notice……..In...
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