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Neither were entitled to a years salary as a payoff.

 

His year end is in the summer though, is it not? If so, I'd assume the pay off is just paying him till the summer as I posted earlier.

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Six months is his maximum entitlement.

 

Wallace wants it spun as a dismissal

 

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I agree with your interpretation.

 

"Under a Scottish law agreement signed on 17 September 2012 (but effective from

1 September 2012), RFCL employed Brian Stockbridge as Finance Director of RFCL for a salary of £200,000 per annum……… The agreement is terminable by RFCL either for causes or on 6 month’s notice and by Mr Stockbridge on 3 month’s notice. "

 

If he was simply on a normal contract (which is implied in that wording but would be unusual for a director) and he left by "mutual agreement" then he would be entitled to a maximum of 6 month’s salary. It’s arguable that if it was truly “mutual” then it might be 4.5 months i.e. half way between 3 and 6. If he was dismissed for cause then he would not be entitled to anything beyond 6 month’s salary unless it was deemed gross misconduct when he would be entitled to nothing.

 

If he was on an annually renewable contract for example (which would be normal for a director) and he left by "mutual agreement" then he would be entitled to the balance of that contract i.e. 7 month’s salary. The 7 month’s salary would cover the notice period. I can’t see that he would be entitled to 6 month’s pay in lieu of notice as well. Here again, if he was dismissed for cause then he would not be entitled to anything beyond 6 month’s salary unless it was deemed gross misconduct when he would be entitled to nothing.

 

Therefore if he has been paid £200,000 then someone is being very economical with the truth.

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