Pre Disciplinary offer of exit package by employer

[TimeToCloseTheDoor]

I have worked for the same company for 9 years in the same role.

I’m diagnosed and medicated for anxiety, company aware and have supported me through a period of illness for a couple of months 3 years ago. Unfortunately I started to struggle again in the middle of last year, I didn’t tell anyone and just hoped it would pass which it hasn’t and resulted in me making some admin errors, entering the wrong time on an invite letter, forgetting to file/document some disciplinary information on an employee.

I made one of the above clerical errors once I returned from furlough resulting in a complaint being raised which naturally led to an investigation meeting with a letter of concern being placed on my file.

It then came to light I’d forgotten to file/document something resulting in a 2nd investigation meeting. I couldn’t cope, my manager agreed it was very unlike me and my GP signed me off which put the outcome on hold.

I’ve been away from work nearly 4 weeks, had my meds changed and started talking therapy with a plan to ease myself back in to work/be furloughed, I don’t know which would have happened first.

Today the HR director called me and asked if I wanted to enter in to an exit consultation due to my length of service I’m stunned. I asked if I was likely to be dismissed for making 2 clerical errors in 9 years - no answer as the process is on hold. I’ve never had any bother at work, always known what I’m doing and capable apart from 2 blips with my MH in 9 years there have been no other issues.

They want me to email to re start the process whilst I’m off unfit for work (fine by me but I don’t know if it’s the right thing to do?)

I also don’t know what to expect from an exit conversation. I don’t want to leave but I can’t imagine being able to go back knowing they don’t want me (I appreciate that may not be the case, I’m still struggling to be well, I’m doing better it just takes time)

WWYD? Please don’t out me if you recognise some details from previous threads under my usual username

@Iwillneverbesatisfied

OP you should be fighting any exit package. They knew you had health problems and do not appear to have made any adjustments to help you cope with these. So any mistakes could be blamed on not having the right support in place. You shouldn't have accepted it and instead pushed for more support.

Hang on. How dare you tell her what she should and shouldn’t do. It’s her decision.

Thank you, I’ve now received the offer which is apparently non negotiable? I either accept it or return, with their support and the without prejudice conversation/offer will have never of happened.

My union rep feels the offer is generous and if I’m not fit, right now I should accept it as I don’t want to go back.

DH is wondering if I shouldn’t just accept the first offer which is no where near a years salary?

How much have they offered uou op?

Do you wish to go back? It appears you don’t.

There is no harm in trying to up it, but it’s curious they have made it non negotiable from the start, I suspect they think you’re going to accept.

You could try saying you’re considering your position and would like the offer increased but I suspect they are going to say no as they likely know you’re not able to comeback,

Is the settlement offer greater than your remaining sickness entitlement? Keep in mind any offer is tax free up to 30,000.

If you have more sickness entitlement left which will equal more than the offer, i would get signed off again and stand firm. If you feel you can handle that.

@Bluntness100

How much have they offered uou op?

Do you wish to go back? It appears you don’t.

There is no harm in trying to up it, but it’s curious they have made it non negotiable from the start, I suspect they think you’re going to accept.

You could try saying you’re considering your position and would like the offer increased but I suspect they are going to say no as they likely know you’re not able to comeback,

Horrible rude of me - would you mind if I PM you with the figures please?

• doesn’t have to be this evening of course

@triceratops12

Is the settlement offer greater than your remaining sickness entitlement? Keep in mind any offer is tax free up to 30,000.

If you have more sickness entitlement left which will equal more than the offer, i would get signed off again and stand firm. If you feel you can handle that.

No idea, something for me to look at tomorrow, they have given me till the 11th Nov to sign

In terms of your mental health give yourself a break and take the offer. You'll get a straightforward agreed reference which is invaluable. Don't put yourself through a stressful
Investigation and disciplinary where the outcome is out of your hands. This way you keep control. Good luck

Sure, just how many months, v how long your notice is etc,,,and if that’s in the number,,

if you decide to accept it consider if there's anything else you want them to do. Whilst the £ might not be negotiable, often there are other things that can be added on top. For example is there any more training you might have done this year that their training budget could still support? Especially anything that is certified that might help your CV. Can you jointly agree a reference? Etc.

Good luck.

Please get proper advice from an employment lawyer. Don’t rely on strangers off the internet. I don’t believe Bluntness has any legal qualifications at all. An employment lawyer will be able to talk you through your options.

Just because they say its non negotiable doesn’t mean it is. A performance improvement plan should take about 6 months at least generally to be reasonable plus notice. If they want to incentivise you to leave I would be looking for about a year’s salary. But ultimately you need to take tailored legal advice.

@Bluntness100

I’m not sure the op is disabled and I’m not sure this law applies to be honest? It needs to be both substantial and long term and the op has not said it’s long term, in fact the opposite.

And I’m also not sure that it’s fair to say the head of hr should know how ill she is, because they can only go on what the op tells them,,even in this post she starts off saying she was getting ready to ease herself back into work.

I'm not sure making two admin errors constitutes a sackable offense after 9yrs service but there we go...

OP, deffo get a union involved. Seems to me like they know you're not too 'clued up' on the disciplinary process, and therefore will accept whatever decision they make. Get advice.

Just because they say its non negotiable doesn’t mean it is. A performance improvement plan should take about 6 months at least generally to be reasonable plus notice. If they want to incentivise you to leave I would be looking for about a year’s salary. But ultimately you need to take tailored legal advice.

Agree with this, though this thread is a month old and I suspect OP has agreed to the settlement.

Ask to be referred to occupational health, this will probably take at least a month to get an appointment & then probably 6-8 weeks for them to get the report. You are entitled to take a union rep to any meetings you have to attend. Mental health does come under the Equality act, they can end up with an employment tribunal if they don't follow the right steps to end your employment. The Occupational Health report should show if there are any reasonable adjustments they could make to enable you to keep your job. Even if you don't want to carry on working for them, keep on doing everything by the book re being off sick, send in doctor's notes on time & inform your manager every time you get a new note, the longer you can drag things out, the more willing they will be to make a satisfactory package for you to leave. Ask your union rep for information on severance packages & what do they think you will be offered. My manager tried to fob me off with only 50% of my years pay when they terminated my employment due to being off sick, my union rep told them that unless they offered my 100% of my years pay then I would be going to tribunal, within 24 hours I had a full year's salary plus 18 month's holiday pay & all my flexi credit paid up as well.