Offered money to leave or competency proceedings, what would you do?

[BeingShafted]

I've worked in the same job for 7 years. Today I initiated a discussion about my future with the company and asked if there was potential to get some experience in other areas (very close to the one I currently work in).

Later I was summoned to speak to the boss and told that my skills are not up to scratch and never will be (based on what he has been told). This is the first I've heard of this and I totally dispute it.

He offered me seven weeks pay and said that the alternative was to go through competency proceedings which would be very stressful for me. He made it clear that I wouldn't pass these.

This is the basic info, I'm trying to be succint here but will give more details if necessary.

What would you do? Any advice?

Bloody hell. Get legal advice.

Hopefully an HR specialist will be along soon but in the meantime have you had appraisals? If so what do they say about your competency?

I second that get yourself some legal advise ASAP.

Without knowing all the details ... how much of a case do they have? If they don't have a good case, could you negotiate more money and a decent reference? I wouldn't want to stay in a place that treated me like that.

Have they made this "offer" in writing? When were your most recent appraisals/one to ones and what documentary evidence of these do you have? Is that 7 weeks plus notice or 7 weeks all in?

Is the business in trouble? Or is there another reason they want you out?

What do you want to happen?

Based on what you've said, i would try and negotiate more money. You are entitlend to a min of 7 weeks notice pay (maybe more in your contract) which they would have to pay even if they take you thru capability proceedings and fairly dismiss you. You don't say what you do, but assuming that there have never been any issues raised about your competence, I would think it would take a minimum of 3 months to take you thru a fair capability process giving you time to demo improvement. I would be asking for 6 months (because it saves them hassle) and an agreed reference.

Document the conversation you had, making a note of time, date, location, who was present etc. if you have HR in your company they need to get involved.

Get legal advice now. Write down a detailed transcript of the discussion ASAP before you forget it, with times, all details of who is present etc. Were HR not there?

Same thing happened to me. They basically wanted me out after my miscarriage, because I was a maternity risk. I was offered money to go or a long drawn out, trumped up competency process that they made clear I wouldn't win. This was after 4 years of A1 appraisals and brilliant client feedback. Fight it and you'll get more money. Stand your ground against them but you'd have to be strong to fight your boss if they are that determined.

Flowery or someone will be along soon.

I am in HR. this sounds like they have been waiting for an opportunity to manage you out. Have they had ad hoc conversations with you with regard to performance? Do you work under a flexible working arrangement ie part time hours? If so you have a protected characteristic. Have performance issues been raised in your appraisals? Have they offered a provided additional training? They cannot just start with capability procedure with the above happening. Do you have an HR dept? If so you should arrange a meeting raising some of the above points ie training, not raised before etc and then say that you are willing to enter into without prejudice conversation to mutually agree your exit from the firm with an agreeable sum (you should suggest a minimum of 6 months pay with accrued benefits and an agreed reference).

No they don't really do appraisals as such.

No!! Performance issues haven't been raised in the past. I know this sounds strange but I've been very much left to it.

Yes HR were present but they kept stressing "its all off the record". There is nothing in writing.

I work full time permanent.

I don't ever want to go back but worry that 7 weeks isn't very long to find a new job (with similar pay). Also angry.

What happened in the end yoko?

I have nothing to add by way of facts as I'm not well-up on HR procedures, but, I would definitely second those who say you must demand more money if you do decide not to go through with the competency procedure.

And they will provide a reference of dates of employment, attendance etc. This is all they will do for anyone.

Thanks for your replies and suggestions.

What is their sick pay scheme? You might want to consider being signed off for stress leave because of how they are treating you. Also nothing is 'off the record' unless they said this was a without prejudice conversation. They don't have a case against you that is fair!

7 weeks in those circumstances is pathetic. If they wanted to legally dismiss you for poor performance from scratch, from a situation where you haven't even had concerns raised with you, it would take them months, so offering you 7 weeks is insultingly low imo.

To dismiss you fairly for poor performance they'd have to raise concerns in some kind of appraisal or other format, giving examples, giving time to improve, then if no improvement initiate a formal disciplinary/capability procedure with however many levels of warning there are, perhaps 3, with time to improve in between, blah blah. It take ages, lots of hassle for them, lots of management time and carries legal risk.

I'd hold out for 6 months pay, which is cheap for them to avoid all that palaver.

Its all off the record - that is just the way they want it.

If it were me I would now ensure it all went on the record. My approach would be to carefully write everything that was said down in notes kept at home and make careful notes of everything they ever say to you. Then everytime they speak to you or have a meeting about this issue put it all in a letter to HR and your boss. No emotion just stating the facts, who said what, set out your employement record (ie no previous concerns about your work) and politely reject their offer and tell them you do not intend to resign given the current employement climate.

Don't play it their way. They don't want this writing down and all formal because they don't want it in a Tribunal. Don't go along with it.

That is not legal advice, it is negotiating advice.