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Original poster

Performance review or payout?

23 replies

Stressedlyfe · 09/03/2020 19:40

Hi there

I am having some difficulties with unfair performance reviews at my current job. I've been promised pay rises which have not been honoured, dealt with some 'ist' language via email (from hr no less) and even when I have assisted with helping to win pitches for the company, all has flown under the radar.

My team was reduced from 3 to 2 to just me (my own boss getting made redundant) and have still been expected to cover all bases, even when I've clearly pointed out I cannot be in all places at once. My job is both physical and admin based, but has to be reactive when there are several unexpected clients who can come in at the drop of a hat.

I have now had my third pre performance review meeting where HR have stated that they can tell I am 'not happy' and it was an off the record conversation. They have basically stated that I need to meet all the targets on my performance review (which would be potentially doable if my line manager backed up my request for different ways of working, e.g me working from home one day to wade through emails undistrubed, which has again been ignored) or take a payout of 5k and leave by the end of the week.

I am more than happy to go, but I feel like 5k is a bit of a slap in the face considering all the hurdles restructures, lack of pay and frankly discriminatory behaviour (I have emails which back this up) I have had to contend with. I've been with the company 2 years and 4 months. If they increased the amount I'd probably be happy to walk, and considering the mental stress and other health concerns I've had I'd prefer not to get into a long ugly battle. Any sage advice? I have to give my reply by Wednesday. Or do I? Many thanks.

OP posts:

categoricallycrackers · 09/03/2020 19:53

You can always stick in a counter offer? Ask for the amount that you want...see if they accept that. If you're not happy with £5k and that's all that's on offer don't take it. Have you had a second (ideally legal) opinion on how they have treated you and what your options are?

Original poster

Stressedlyfe · 09/03/2020 20:03

Thank you for your reply catergoricallycrackers

I'd ideally like at least 10. Should I then ask for say 12k?

I just know that with things as they currently are with the culture I will never get the support I need to do the job the way the assume is possible (even though I've clearly seen it is not a one person job). So I know if i stay i'll eventually fall short of these goalposts they have which continually shift. It basically feels like they want me out but are trying to be sly in their delivery of said approach. :(

OP posts:

rookiemere · 09/03/2020 20:06

How difficult would it be to get a new job ? Does the £5k represent 2-3 months salary or more or less ? I'd say if you can get another position relatively easily I'd be tempted to accept it to walk away - but seeing if you could negotiate a bit more is worth doing. Employment tribunals are very gruelling so best avoided if you can.

Original poster

Stressedlyfe · 09/03/2020 20:13

Spoke to another colleague who mentioned issues with Corona virus (of course) and the job market. Not sure how real that fear is? Definitely want to walk away as the culture is beyond toxic. just don't want to be short changed.

OP posts:

Original poster

Stressedlyfe · 09/03/2020 20:14

And thank you rookiemere for your reply

OP posts:

zsazsajuju · 10/03/2020 00:19

It’s definitely worth negotiating and they will expect you to do so.

Rainbows8117 · 10/03/2020 00:46

What's your notice period? Does the £5k cover that plus extra? As a bare minimum they should be covering the notice period but if that's all then there is no advantage for you taking the money.

When you say your other option is to meet all your targets, what are they saying will happen if you don't? You just won't get the payrise? Or you will lose your job with no payout?

It does sound like they want you to walk and it will probably be a settle agreement which I think they are obliged to fund you legal advice. Has there been any mention of this?

welshladywhois40 · 10/03/2020 08:37

Negotiate - a firm that is treating you like this clearly has an agenda which you can try fighting or take the cash and find somewhere better.

So ask for more cash and request out placement support too if they offer. You can often get a professional cv writer to upgrade your cv as well.

prh47bridge · 10/03/2020 08:37

Are they offering a settlement agreement? If they are, they should pay for you to take legal advice. In that situation you should find an employment lawyer and get them to negotiate for you.

If they aren't offering a settlement agreement it is potentially open to you to take their offer, leave and take them to tribunal. Even in that situation, you should still try to negotiate a higher offer.

Original poster

Stressedlyfe · 10/03/2020 08:55

thanks Rainbow for your reply. yup, there is very little chance of those targets being met and i pity whoever has to take up the mantle when i'm gone. they will pay £500 to cover someone looking over the offer they are making.

OP posts:

Original poster

Stressedlyfe · 10/03/2020 08:56

thanks welshlady! what is out support?

OP posts:

Original poster

Stressedlyfe · 10/03/2020 08:58

thanks prh47! if i take the offer i have to sign an nda not to bad mouth the company or disclose details of my settlement.

OP posts:

mambanumber5 · 10/03/2020 09:08

Get a solicitor op. You'll get more.

ChateauMargaux · 10/03/2020 09:30

How long is your notice period? Is the £5k on top of this?

Will they give you a good reference? Have you seen the proposed reference in writing?

What are your chances of finding another job before this money runs out?

Would it be worth delaying this payment into the next tax year which is only 4 weeks away?

If you decline the payout and you dont leave by the end of the week, what happens?

If they have gone from 3 to 1 and now propose to have no one in place as from Monday, how do they plan to get the job done.. not your problem but just helps uih understand what's going on.

If this is your third performance review, are you on a path to dismissal? What does your contract say you about dismissal?

prh47bridge · 10/03/2020 09:47

That sounds like a settlement agreement. Does it also say you can't take them to tribunal?

Original poster

Stressedlyfe · 13/03/2020 12:16

thank you

OP posts:

Original poster

Stressedlyfe · 13/03/2020 12:30

I've actually hadn't realised that my underlying health condition is classed as a disability. i have received no promotion, training, or pay rise in the almost 3 years i have been with the organisation.

They are aware of my health status. I feel like their pay out should be significantly higher, as this now stands as discrimination.

I also have a letter from occupational health which states that work duties have been difficult due to my team being reduced significantly. It also states I currently feel adequately supported at work but am welcome to contact them again to follow up on how things are going. I have an imminent follow up appointment very soon.

Do I simply state my facts in a letter and tell them they need to pay a significantly higher amount as they have clearly contravened disability equality law in the workplace?

I just want to leave but I now understand how grossly mistreated I have been.

What should I now do? Any advice would be welcomed.

OP posts:

RainbowPenguins · 13/03/2020 14:05

I think you need to be taking legal advice, especially if you think there is discrimination at play. Did you say they said they would pay £500 towards one? Have you sorted that yet?

flowery · 13/03/2020 15:08

Do not, do not, do not attempt to negotiate by yourself. For a settlement agreement to be enforceable they will need to pay for you to take independent legal advice on it. Confirm that they are going to do this, then find yourself a local employment solicitor. He/she will be able to assess what claims you may have, the likelihood of success and advise you on an adequate payout, then go back to your employer with a counter offer.

They should also give you adequate time to consider a settlement offer, and the advice is usually 10 days.

Double3xposure · 13/03/2020 16:01

What @Flowery said. If you try to negotiate yourself you will get it wrong. You’re not a solicitor - get one. Their offer of £500 towards your legal fees is quite reasonable.

Instruct someone today or first thing Monday. This is what these guys do all day every day and it’s quite straightforward for them .

They will work what what you would get for statutory redundancy, plus your notice and any outstanding holidays or bonus, then add a few grand.

Just because you have a protected characteristic ( disability ) doesn’t automatically make it discrimination BTW.

You will have to sign an NDA and you should also get agreement to a reference. So don’t discuss this with anyone at work. Or anyone else in RL apart from your partner / family.

Obviously it’s fine here as we can’t identify you or the company .

prh47bridge · 13/03/2020 16:23

Agree with Flowery. They've offered you money towards a solicitor. A solicitor will be far better placed to work out what you should get. Find one who specialised in employment law and get them to negotiate for you.

Double3xposure · 13/03/2020 17:36

They would be very foolish to try to get you to sign a settlement agreement without your getting legal advice.

Any company big enough to have their own occupational health dept. should know to do this correctly through a protected conversation, a written offer etc

prh47bridge · 13/03/2020 18:38

They would be very foolish to try to get you to sign a settlement agreement without your getting legal advice

They don't appear to be doing so. The OP says they have offered £500 for the OP to take legal advice, which is more than many employers offer. The OP should be getting a lawyer to negotiate, not trying to negotiate herself.

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