Has anyone ever asked for a settlement?(6 Posts)
i'm on a performance plan at work, (unfair - i have evidence of manager bullying) but i dont think the relationship is at all recoverable.
i have read on legal sites that i might be able to negotiate a 'settlement' a bit like being made redundant, but at the employee request?
I've been there over 2 years, does anyone know anything about about if you can ask, how you go about it etc?
You can ask to have a protected conversation or without prejudice chat. Or even just off the record.
Lay it on the line, tell them you want to leave and why they have a potential legal liability towards you and then make an offer.
It's more usual for the employer to approach the employee, though.
I did it. I had been off with stress and my situation was the same as yours (I knew that whatever I did the manager in question would set me up to fail). I wrote a letter citing that I felt the situation was unrecoverable and I wished to terminate my contract. They knew the person in question was problematic and that literally there was no chance of resolving it any other way. Once it was agreed everything was very quick the legal parts were paid by the firm and it took around a month or so and I was free.
I would recommend writing to a higher manager/HR saying that you feel the relationship is irrecoverable and why, say that you do not feel that you should resign as you feel you have done nothing to warrant that. Ask for a settlement to be reached. Once they agree the legal process will kick in, you will need to find a solicitor who deals in these kind of things to look at the offer. If you and they agree that what is offered is fair you can sign and return and you will be given and end date and you will be sent a cheque.
Good luck, it can be the best thing to walk away from the situation if you feel there is no other way. It ended up the best for me!
The trouble is they will only pay you to leave if it makes commercial sense to do so. If you go to them and ask for money to leave you are indicating that a) you want to leave and b) you haven't got much of an appetite for a fight. Both of those things will reduce the amount they are prepared to pay you, if anything.
I'm assuming you feel you have some kind of legal case because of something they've done. You'll get far more as a settlement if you start taking steps towards bringing a claim. That way, paying you off starts to make commercial sense and they are more likely to approach you.
I've known managers who have been asked for settlements by disgruntled employees and they've generally not received a very good response and have been seeing as trying it on to get some cash. The reaction has been 'If you don't want to be here anymore you are free to resign'.
To be honest, i would happy with pay in leiu of notice
I'm putting together a list with evidence of bullying
If you'd be happy with pay in lieu of notice I'd say you've got a fair chance as if they dismiss you for performance they will likely pay you notice in lieu anyway. So you save them the hassle of going through the performance procedure and hearing your grievance. Just remember to agree a neutral reference as part of the settlement.
You may well feel bullied by your boss, and it may well be true but in about of 50% of performance cases I deal with the employee blames it on the manager and it can be very hard to make it stack up as you'll likely be seen as someone who is unable to take feedback.
If you offer to go quietly with just pay in lieu then I'd imagine they will be interested in this, certainly where I work we'd bite your hand off particularly if management saw you as a troublemaker,
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