Life-changing Settlement for Neurodiverse Employee

When a client was identified for redundancy we worked together to boost her settlement figure.

Our client had been employed by an international company for many years but had raised a grievance about an incident at a work event.  In following rounds of redundancy, she was identified for redundancy and offered a settlement figure which she did not accept.

“The ongoing risk of redundancy and the employer’s failure to answer questions caused her a great deal of stress and she turned to us for help on how to approach her employer,” said Partner and Employee Law Solicitor, Susan Mayall.

Settlement Agreement Negotiations

“Our client had been dealing with the ongoing settlement negotiations with her contact at work however her employer then bypassed her and instructed their solicitors to write to me causing further worry and distress as she felt sidelined and out of control.

“We helped to guide her through the procedure, pointing her in the right direction along the way.  In the end her settlement agreement negotiations were successful, the offer was increased and this was a significant achievement,” said Susan Mayall.

What this case shows is that whilst settlement negotiations can be done directly between the employer and employee, the guidance of an employment lawyer can significantly improve your case as they understand the intricacies of these types of cases.

Age and Disability Discrimination

In this case, the settlement figure was based on age and disability discrimination, as per the Equality Act 2010.  In addition, the employers failed to provide reasonable adjustments as per the Act and there was found to be a lack of support for neurodiverse employees, also protected under the Equality Act. This was compounded by failures in upholding the company's Diversity, Equity, and Inclusion (DE&I) policies and commitments.

Client Feedback

Our client wanted to express her relief at the settlement and that she was able to put this case behind her and had this to say:

“Susan was candid and empathetic from our first interaction. I outlined my situation with my employer, expressing my grievances and the impact on my mental health. I also disclosed that I live with ADHD and dyscalculia and the challenges they present.

Susan listened attentively and ensured transparency and clarity throughout the process. While empathetic, she remained pragmatic throughout, keeping me focused.

Acknowledging my years of industry experience and understanding of employment laws, Susan was willing to collaborate with me to keep costs down, she applied the law and common sense!

Susan also recognised that I had awareness of the shortcomings and skills gaps in my organisation, allowing us to optimise our strategy and tailor our approach for the best outcome.

Her decades-long experience as an employment law specialist proved invaluable to me.”

In this case discrimination on grounds of age and disability were at the forefront as the employer had not made reasonable adjustments.

Our client continued:

“Susan's successful representation of numerous employees in similar situations allowed her to apply valuable insights to my case, saving time and money while also improving the likelihood of a favourable settlement.

The inadequacy of Diversity, Equity, and Inclusion (DE&I) policies and the failure to create a safe workplace free from harassment and discrimination and the inconsistent enforcement of company policies, coupled with poor communication and transparency from management, were extremely damaging to me, and Susan recognised this.

She also identified the lack of diversity awareness and inclusive decision-making at senior leadership levels. Susan provided guidance to help me maintain my mental wellbeing, for which I am forever grateful.

Susan remained unfazed by the magnitude of the issues or the length of time it took to reach a settlement agreement. Throughout the nearly nine-month process, she never rushed me to a conclusion. Instead, she offered counsel when needed and trusted my knowledge of the individuals driving the employer's decision-making process.

She was neither local to me nor a recommendation. I discovered her via an article published by a Pearson colleague and the challenges encountered by neurodiverse employees in employment law cases. My decision to bookmark this article proved life-changing.

Together, Susan and I significantly increased the initial settlement figure and I employed the services of the partner financial advisers to help me manage the most tax-efficient way of receiving the settlement. This collaboration has provided me with much-needed breathing space to focus on rebuilding my mental health before considering my next career steps.”

How can we help?

For legal advice on settlement agreements or if you have a potential discrimination claim against your employer contact our employment solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.