Being managed out - advice please(13 Posts)
So I have been in my role for over 15 years. Over the past couple of years the company has changed and I suspect they are trying to sell. This sounds silly but I always felt one of the family but now its just about the money. Anyway today I got called into the partners office to discuss my performance and that they thought I was not passionate about the job anymore (I am not) and that it would be a better idea for me to effectively go - they said they would come back to me with an offer. I am shocked but not surprised as I thought something was going on. Where do I stand as I have done nothing wrong at all nor made any mistakes, only had 1 day sick in a year. I am a little f&cked as a single mum with a mortgage and 2 kids....
It sounds like they're going to pay you off. Wait and see what happens. A company my sister worked for did that quite a few times, and people would walk away with like £20k . . .
Maybe hey are looking to shake this up, either to reawaken the business, or sell it. Your heart isn't in it, that must be frustrating for you ad for them. Have you lots of transferable skills? Is the job market good where you are? Could be a way to get an exciting new job you are passionate about with a little pay off included. If you are ready to move on then negotiate that you'll have a look for a new job, and hand your notice in when it suits you. If it's blindingly obvious that your heart isn't in it they could start closely scrutinising your work and find fault etc, so be careful.
Sit tight, wait for the pay off, don't accept the first offer as they can usually go higher, demand an agreed reference as part of the deal, then find something that inspires you
Sounds like you will be offered a settlement agreement. You don't have to accept that but if they really want you to go they will probably start a disciplinary process. Ironically, if they are trying to sell, employees with long service are seen as a liability, not an asset.
I would focus on maximising that payout as much as possible. How long are you likely to be out of work for? Are there any courses you would like to do that they could pay for? Think what would you like a reference to say - and frame that in a way that makes it attractive to future employers.
Also, do you receive any benefits? investigate how a lump sum might affect that.
You're not happy there. Find somewhere else that does excite you.
I agree with sit tight and see what offer they make. But it is always easier to look for a job while you are still employed so I'd suggest you draw up your CV and start looking actively now. Agree with PP who said when they present the settlement offer also ask for time to find another job and a pre-agreed reference.
They should also offer as part of any settlement agreement the cost of a solicitor's fees to explain the agreement to you and its effect. This is fairly standard so if they don't offer that do ask.
Make sure you factor in that they now have to pay into a pension for you etc and any other benefits you receive. The lawyer will also be able to explain to you what proportion of any settlement would be taxed and what can be tax free.
I would seek advice from an employment solicitor.
You need to determine the basis of what they are offering you. Are they eliminating your role ie making you redundant? It is important you get them to put their cards on the table in terms of what the deal is.
There ought to be a clear explanation of timescales and process, including
- when their offer will be given to you for your consideration
- on what basis the offer is made, they need to be more specific than "paying you off"
- their expected deadline for you to state a counter bid or if you accept their terms of offer.
- your leave date and arrangements re holiday pay and the settlement date as this may be different to your regular salary payment date.
I'd suggest you ask them, when they give you the first offer, to fund your own selection of employment lawyer. A company will often say yes, because it means they are more likely to get a legal resolution and no come back. They will want a clean break.
Key thing is that as an employee of 15 years standing, umishh record, they know they will need to tread carefully and not start coming up with spurious unfounded comments about not being passionate enough.
That just won't wash in a tribunal and they know it!
This isn't abnormal, you'll get an offer and they should pay for you to get legal advice. You'll be asked to sign a compromise agreement so that there is no come back on them.
It's much nicer than trying to manage you out, which generally means trying to manufacture evidence of poor performance.
Most people aren't aware that your house insurance often covers employment - might be worth checking if yours covers an employment lawyer for advice
The other important part of the deal is that they give you a glowing reference To whom it may concern saying how you have been an exemplary employee, excellent track record and attendance.
It needs to be typed up and ready for you to take away with you on your last day.
Although I'm sure you have been on excellent terms in the past, business is business, so ensure you come away with the best deal possible.
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