Agreed Settlement and Protected Conversation - left out in cold

[wantmorenow]

After previously posting about my instincts that my grievance I raised, followed by redeployment would be followed by redundancy, it turns out I was right. Was called in for a meeting which turned out to be a protected conversation. I have been told take the settlement offered or I will be subject to redundancy proceedings. All this whilst they are currently advertising for posts I could do in my sleep. No offer of another redeployment. I have had it in writing and an appointment with a local solicitor for Monday pm.

The reference they have offered is perfunctory and barely alludes to me even having taught there for 5 years so that doesn't sit well. The financial offer is fair and on the table until Friday.

What do i need to know or do? I didn't attend work on Friday for the 'team building day and staff awards and party' and no-one has asked where I was. Emailed my LM who said she was aware of my meeting but not the content. She suggested I may need "time to reflect". Conclude that she has been told not to engage in communication with me as she is normally hugely supportive and aware of my circumstances and at my monthly reviews has said my work is excellent and that I have a long term future in her team.

My work is based out of the office at client premises and I manage my own diary. I can't even ask her for time off to consider my position as my leave is fixed to non-term time periods. Am I entitled to time off, can I go on sick leave and it be left out of my reference? I can't face work as at every meeting with clients I have to plan their learning for the next month, their appts with me and progress when I know that every I say and do with them is now a fiction as I won't be delivering on any of my review plans. It's disingenuous in the extreme.

I need the time to apply for work as schools close in 3 weeks and I'm unemployed in 5 days, and I will probably grab the opportunity to relocate to where my partner lives so spent Friday looking schools in that locale, for Sept, not much I could achieve in 1 day.

Would it be reasonable to ask for time off? I often work from home as it is and no-one checks my daily schedule except to ensure I meet deadlines, quality indicators and progress plans which I have done so but they are all now meaningless.

I have been effectively sent to Coventry and have no idea how to manage my exit and am gagged by the protected nature of the conversation so can't discuss with learners, colleagues or managers. Feels weird and surreal.

Advice welcomed and what my priorities should be. Thanks

You can ask for anything you like to be pay off the agreement. It's entirely up to you. Whether they agree is, obviously, up to them. But it doesn't sound sensible for them to refuse if things are so bad.

You cannot ask them not to mention sickness records. That would be unreasonable. They can provide a very basic reference, and they can choose not to mention certain things - but asking them to not provide facts that may be asked for or required is not a good idea. In education, certain standards of references and information is regulated and required.

If you don't like the reference, haggle. Draft a fair but better one and say that's the text you want. To be honest a good reference is worth more than money in these circumstances.

I wouldn't pay much attention to artificial deadlines. And I'd usually suggest - but I don't know what's happened here so I can't say anything based on details- that if the employer offers a figure, they're willing to settle for more. Nobody's opening gambit is reasonable. I ask for far more than I'd expect any employer to pay. I expect them to offer something derisory. Settlements are more akin to shopping in India than the law - the person who blinks first loses...

Hopefully someone more knowledgeable will come along, but in the meantime my understanding is that you must be allowed to receive independent advice on the agreement, and also be allowed reasonable time to consider the proposed conditions of the agreement.

See ACAS advice here:

m.acas.org.uk/index.aspx?articleid=4395

They should pay for (your choice of) employment solicitor to review the settlement offer and advise a reasonable counteroffer, which is normally £350-£500. Take the time to meet with the solicitor and get the best deal. If you only have 5 days left you probably won't have any meaningful time left to do interviews so I'd pick your battles and aim to get the best financial deal you can rather than asking for time off (other than the solicitor meeting which they've approved).

Check with your manager if they need you to visit clients for the coming days and toe the line if they want you to (they may not). Play the long game, don't go sick as it would jeopardise your settlement offer.

Don't worry about the reference, the majority of employers only give a basic dates / role position type of reference, not a testimonial. If you have a trusted colleague who'd be willing to give you a professional reference in their personal name rather than the institution then try for that. You could request via LinkedIn if you want to stay clear of the school email network.

It's common practice for employers to pay for the legal advice - but there's no law that says that they must. Some employers won't.

Basic references are very uncommon in education settings, which I'm assuming this is due to the reference to schools. For obvious reasons, the professional character of a person is a serious consideration, and previous employers are often asked for such references. Not being able to provide one would be a barrier to employment.

Thank you all for your help, I have an appt with solicitor tomorrow afternoon which is why I'm asking now so I know what to discuss. I have never seen a reference from an HR dept so no nothing about what they look like. Are there certain 'in the know' phrases which I should either get them to include or omit. I do wonder if there's a certain form to these things. At present they have included that they are making me redundant in the reference which seems odd, especially since they are currently hiring...a lot.

PS I can't talk to my LM as I am not allowed to disclose that I am under a protoected conversation. Allegedly they know nothing of my situation. I am currently being ghosted by her and everyone.

Does anyone know if including the phrase that i have been made redundant in the reference is a good or bad thing please?

It's common practice for employers to pay for the legal advice - but there's no law that says that they must. Some employers won't

A settlement agreement is only binding on the employee if they have had independent legal advice. For that reason most employers will pay for the employee to get that advice. If they won't it is open to the employee to refuse to get advice.

Are there certain 'in the know' phrases which I should either get them to include or omit

The agreed reference is likely to be pretty basic - start and end dates, the position you held. Redundancy is often used as the reason for leaving. From your perspective that is a good thing. It shows you did not choose to leave, hence explaining why you are now looking for a job, and it doesn't say anything negative. A new employer will have no way of knowing if it was a genuine redundancy or not.

Redundancy isn't a bad reason for leaving to have in a settlement agreement. References in an agreement usually very basic, but I would urge you to stress to your solicitor the importance of references in your sector, and of getting something more extensive agreed, otherwise your ability to secure work is likely to be more impacted than someone in a different sector where basic references aren't uncommon.

Solicitor was great on the monetary side today but has no experience of educational references. No idea what a reference even says - never seen one. lol