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"One of our long-serving employees is struggling to cope with work. We had no intention of dismissing him but he has said that he would like to leave and would do so if we pay him a stated sum of money. We are happy to do this but what, if anything, can we do to stop him then taking us to court for unfair dismissal?"
You need to draw up a compromise agreement, setting out the terms of the settlement and making clear that it resolves any complaints the employee has or may have against the employer. This has to be signed by an independent solicitor so I suggest you draft out the terms, have the employee take it to a solicitor of his choice, and have the solicitor write the agreement. Obviously check it over before you sign it. If you have already agreed the terms with the employee, this is the only certain method of stopping him taking further action against you in connection with the ending of employment.
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