Settlement Offer

[fruityloopy]

I'm currently desperately unhappy at work following a re-structure.

My post has been down graded and there is duplication in roles and responsibilities. I feel bullied and stressed.

I expressed my concerns about lack of support and concern about all of this to HR and stated that I felt I could not continue in the role and I wish that it to have it reviewed (something we can ask for as part of being assimilated into the new post) and to see if they can make the post redundant.

I have a 'Without Prejudice' Discussion Meeting tomorrow - I'm not entirely sure what this entails and HR rep has said she will explain it then.

Basically, I want a settlement offer to leave ... I think that's what it's called.

Does anyone please have any idea of what sort of figure I should be considering ? I'm 40 years old, worked for them for 12 years and earn approx £35k ...

[SolomanDaisy]

What redundancy package were others offered during the restructure? I imagine that will be what they offer you.

[fruityloopy]

Thanks for quick response - I did assume that, it wasn't a great package at all. I'm kind of wondering if there is any room for negotiating more ?!

I have spoken to friends about this and without boring you with too much detail, they suggest that I could say that I was being 'constructively dismissed' eg the bullying, the lack of support, the downgrading of the post.

[senojeel]

Hi 'm going through a similar thing and I was offered a settlement which was only slightly more than the redundancy being offered to everyone else. You probably need to talk to ACAS who are specialist employment advisors. I found them very helpful and they are completely confidential you don't even have to give your name you can ring them on 0300 123 1100. Hope this helps

[fruityloopy]

Glad to know I'm not the only one.. sorry to hear that though.

I don't know really why I was hoping for more - but feel I should at least aim higher (they after all previously 'paid off' directors at astonishing figures!)

I know that at 41 (not till Sept) I'd be entitled to a little bit more.

I've contacted ACAS before - good shout, I'll do that again after I guess I hear what they say at the meeting tomorrow.

Thanks!

[flowery]

If you're asking them to make your post redundant your negotiating position is very weak. You're saying you want to leave, so unless there is a very real risk of a legal claim heading their way, financially they'd be better off just waiting for you to resign.

Employers will pay more for settlement where they are legally very vulnerable, or where they want to get rid of the employee but doing it the conventional way will take ages and be expensive or heavy on management time.

In your case, you are the one who wants to leave, so their only incentive to give you a good settlement is if they are legally vulnerable. Without detail of the procedure followed in terms of post regarding, or what "lack of support" constitutes, it's impossible to say whether your friends are right about a potential constructive dismissal claim. Have you raised a grievance about the bullying?

Constructive dismissal is incredibly stressful to bring as a claim and very difficult to prove usually as well. By asking for a settlement rather than bringing a claim and then considering any settlement they offer you, you are giving the impression that you have no intention of actually bringing a claim, meaning they will perceive their legal risk as low.

[lessonsintightropes]

Hate to say it, but good agreements for Directors don't usually translate into good settlement agreements for more junior staff. Flowery is right, you'd be on a wobbly branch to go down the constructive dismissal route. You will also now have to pay your own costs and if you lose your employers can seek their costs, which if they include barrister advice, could be considerable. My charity is currently pursuing costs about an abortive tribunal - we're a small organisation and our legal costs are met by an insurance company who will pursue them - whether we like it or not. A friend of mine in another organisation lost a year of her life to a horrible process and ended up empty handed. Sadly employment legislation is increasingly a one way street in employers' favour. I'd go to the meeting and see what they have to offer; I think you will probably be able to negotiate your stat/contractually enhanced redundancy and also potentially to leave immediately with pay in lieu of notice which might help. You need to be careful about your tax situation regarding the latter though if it's paid exclusive of tax, as HMRC have a nasty habit of chasing this - you don't want to be in the position of using the money for a period of time and then having to pay back income tax/NICS. Good advice is key - and I would say not from friends as they haven't given you an accurate picture thus far.

[fruityloopy]

Thanks for the comments. They have said they will be willing to make a 'settlement offer' am waiting for the final figure - re notice period and payment in lieu etc. They have also said I have a right to £350 worth of legal advice so will be taking that up once I know the figure and the notice etc. I will check up on the tax situation - many thanks!

[JaneinReading]

See what the figure is. It does not strike mas a case where if you went to a tribunal you might get a lot of cash so negotiate. Also the solicitor you can use for up to £350 - that fee will cover their advice on the written compromise agreement too. Try to get the budget for that upped to £500 if you can.

Take advice from them about the tax side too. I believe if your employment contract has no pay in lieu of notice clause then you can take the pay off tax free (the compromise agreement will cover this issue). If the contract does have the clause then they may need to take PAYE tax etc off it.

If the sum is not very good you might make a lot more money staying put and finding another job as it can be very very hard to get a new job for your next 30 years of working life from a position of no job. Do weigh that up.