Settlement Final Offer! Any Advice please!

[Trinidading3]

Hi everyone,
I have counter offered my works redundancy settlement. They say I have one week to accept the original offer otherwise it's off the table. Anybody been in this situation I will be happy to settle for six months pay. Should I hold strong? Will work budge if I take them to Employment Tribunal?

You need to give more info but if they are offering more than statutory I would take it. What would be your grounds for a tribunal? Wanting more cash does not count.

It depends entirely what they offering and if it’s accordance with what was stated in your contract

I’d look to see what your statutory redundancy payment would be and how much you stand to lose , plus how much ‘extra’ they are offering . It really depends why you think you are justified on asking for 6 months and how strong your claim is. I guess if worst comes to the worst then they’ll just make you redundant and pay statutory and you’ll have to fight for anything more. I have no legal knowledge, but wouldn’t an employment tribunal only decide on whether redundancy was justified .. not on any level of payment .. or are you proposing to claim some other wrongful/unfair dismissal?

Need far more info than this to advice

No one can advise whether you should “hold strong” without knowing something about how strong a claim you actually have.

Have you spoken to a solicitor? If your work have offered you a settlement they should be paying for you to take advice on the agreement.

@Trinidading3

Hi everyone, I have counter offered my works redundancy settlement. They say I have one week to accept the original offer otherwise it's off the table. Anybody been in this situation I will be happy to settle for six months pay. Should I hold strong? Will work budge if I take them to Employment Tribunal?

Nobody can answer that. There is not a big standard answer for all scenarios. You would have to explain your scenario to get anything like useful answers.

Redundancy payments are not usually referred to as “settlements” and are formulaic and not usually negotiated. Is this really a redundancy or is it some other parting of ways?

Points are
Made a Health and Safety complaint back in January

Was told to apply for HR job that was promised to someone else so I told them this is a sham/not genuine redundancy

My part time job is deleted and now a full time job which I cannot do due to family commitments
They posted my confidential papers to wrong postcode I told them this is a data breach they said it's not.
Due to all these reasons I think they should make a settlement of six months pay otherwise I will take them to employment tribunal
Any advice of pushing further for counter counter offer as they said the amount they will offer will be off the table this Friday

Many thanks for any advice I hope this is a fuller reason for my thoughts on 6 months pay.

Sounds like you are on to plums to me.

H&S is not a reason to increase redundancy offer.

A job being promised to someone else is hear-say unless you have written proof.

Posting of papers is an accident and again not a reason to increase redundancy or go to a tribunal

Most of that is irrelevant but if the hours required have increased rather than reduced, it’s not a redundancy situation. If they dismiss you by reason of redundancy in circumstances where there is more work rather than less, that will be unfair dismissal.

Thanks flowery
They have advertised and inter viewed people already for full time to replace me. How should I word a letter saying strongly that I refuse the settlement offer but would be happy with 6 months pay otherwise I will take them to employment tribunal?
Thanks a million

No specific advice but if you have legal expenses cover as part of your house or car insurance you should be able to get free advice and legal representation if needed.

You need legal advice, not an anonymous forum.

Haven’t they said they’ll pay for you to see a solicitor? If they’re offering a settlement agreement you need legal advice on that, which the employer would ordinarily pay for.

@flowery

Haven’t they said they’ll pay for you to see a solicitor? If they’re offering a settlement agreement you need legal advice on that, which the employer would ordinarily pay for.

Yes, if you've been offered redundancy, they'll have said they'll pay for you to consult with a solicitor. Can't you do that?

Not necessarily @SuperSange, if it’s solely redundancy then there’s no reason for the legal fees for a solicitor. You only get that if it is a settlement agreement. It’s not clear to me that @Trinidading3 has been offered a settlement agreement, more that the OP thinks redundancy is a negotiable settlement, which it normally isn’t. Usually it’s statutory or the organisation will have standard terms for all staff regardless of the circumstances.

OP mentions a “settlement” and it is very clearly not a redundancy situation.

There may be a genuine reason one person needs to work full time than two or more people covering the hours part time or in a job shared. So it could be a fair dismissal however, of the things you listed, that would be your strongest claim. Do others work part time in the team? Have you asked why they didn't recruit to the proportion of the job you weren't working? What did they say? Is it exactly the same job as you are doing now?

Again, need more info to advise. Get legal advice, they should pay toward this but it may not cover it all depending on how many hours/hourly rate of the solicitor

Can you afford to turn down the money? Worst case scenario, you go to tribunal and don't win. Would you be able to manage - if not, take their offer and leave with your head held high.

Give ACAS a call. They should be able to give you advice.

Are you prepared for up to a 2yr wait for tribunal?