Mutual Separation/Resignation

[WingsofaDragonfly]

Hi desperately need some advice, my DH has been bullied for years at work and took out a grievance against his employers twice, won the first time and lost the second. He’s now after jumping through all the hoops they requested been told that he can either resign or agree to a mutual separation, or they will start a formal arrangement, where they can terminate his contract. He’s worked for the company for over 10 years and has had absolutely no interest from any jobs he’s applied for. He is in the Union, but everything has been done by the book, so they stop him losing his job. I posted in chat as I hoped more people would see this. Just hoping for some advice. Thank you.

He needs to speak with Union or ACAS to get correct information.

he can either resign or agree to a mutual separation, or they will start a formal arrangement, where they can terminate his contract

I would suggest he keeps quiet, keeps focus on his role duties. does not resign, and waits for them to make their next move. They think they can get off lightly, by him resigning, however I recommend he shouldn't give in to their threat. They will have to play their hand, to clarify on what basis are they proposing to start a formal arrangement and terminate his employment. If it's on capability or performance grounds it is a multi stage process which lasts several months.

If they invite him to a "protected conversation" this could be advantageous for him to attend because they are likely to give him a financial sweetener and a favourable reference. A protected conversation is designed to enable a frank conversation about a mutual parting of the ways, without it being mentioned or prejudicial in a Tribunal,

If they don't take the initiative to start that conversation, then my above ^ advice in para 1 applies.

Thank you so much for the replies, I’m at my wits end with worry. They’ve offered him mutual Separation with a truly pathetic payoff (daren’t say the amount in case it outs me), or he can resign, either way, I don’t think with this on his record or reference anyone will ever employ him again. He’s worked there for over 10 years, I don’t understand how they can suddenly decide he’s rubbish at the job and get away with it. He’s taken a lot exclusion and bullying over the years to try and keep going for our family. The advice you’ve given makes sense, we just have to wait for their next move. Thank you again.

It may be worth trying to get a reference agreed as part of any settlement deal.

I’d like to think he could but the grievance he lost was about bullying, the bosses seem to want to destroy him. He’s transcribed some of the conversations from the meetings and you can tell that they are actually enjoying what they’re doing to him, I don’t think any appeals for a better outcome will do any good. But thanks it’s worth a try.