Without prejudice letter no.4 in series: Response from employer to employee’s solicitor

This letter is a response from the employer’s lawyer regarding an exit settlement proposal from us. They agree to an ex-gratia £30,000 payment with accrued holiday and pay in lieu of 4 weeks’ notice but do not agree to re-payment of 5 months’ salary at 75% rate. Instead they offered for a reference to be agreed with the client’s manager. This is a continuation of a series of letters regarding a grievance and subsequent settlement negotiations. Letter no.5 can be accessed here.

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From: [Company Lawyer]

Sent: [22nd September 2016] [15:31]

To: [Employee’s Lawyer]

Subject: Re: Without Prejudice Your Client [Employee]

In Strictest Confidence

Dear [Employee’s Lawyer],

Thanks for your time on the phone earlier.

As discussed I am unable to accept your offer.

However I can propose the following:

An ex-gratia compensation payment of £30,000 as indicated in my email of [19th September 2016];
Payment of accrued holiday pay (as discussed I will get an accurate figure for this – reflecting a small deduction for holiday days purchased but not, in the event fully paid for by your client)
Pay in lieu of 4 weeks notice.
Reference to be agreed between [Manager] and your client (bearing in mind [Manager] policy of providing factual information only in references).

This offer will remain open until [17:00] on [Friday 30th September] and is subject to contract

I look forward to hearing from you when you have had an opportunity to speak with your client.

Kind regards,

[Company Lawyer name and signature]