Settlement Agreement... Help

[mum2be99]

Reaching out for help to know my rights as I have a settlement agreement meeting tomorrow as my work would like to end my employment as I'm not based in their HQ city. I was employed remotely over 2 years ago when the company championed remote work, have since been promoted to a managerial position, had great success, had a baby (took only 6 months off!) and have been back for 7 months where the company have undergone MASSIVE change from remote to really rank-and-file tough culture. So, the reason they're giving is that I'm not based on their HQ city which they now require as the team is growing and want it all office-based.

I have my wedding in May and the job market in my field is very tough. Personally with it being a very demanding and high stress job I've found it difficult to juggle everything, so in a way it's a weight off my shoulders that I'm being let go, I just need to be financially stable as possible. Has this happened to anyone else? What can I reasonably demand?

I assume this is a without prejudice meeting. You are entitled to legal advice which they fund - limited but helpful.

In regards to £, work out statutory redundancy, add on any occupational they pay plus owed annual leave and notice period to get a minimum baseline - don’t start with that it just gives you an idea where they are pitching their offer. Plus agree reference e.g. reason for leaving.

Thanks. They said it will be statutory minimum plus one month but I'm hoping to negotiate a lot more

Be careful of knowing what the minimum they can get away with is. If you have a contract which says they can change the terms (eg to no remote working) then you may have less bargaining power than you think. You need legal advice

Realistically, with little more than 2 years, you won't get a lot more. Your remote role is redundant due to organisational change - this is certainly a valid business reason, and there is no alternative for you if you do not wish to work in their office. You haven't substantiated any possible grounds for a claim against them in what you have said here.

Most employers will offer an amount to get some basic legal advice (but contrary to many peopels beliefs, they are not required to do this, just most do) but that will normally only be limited to advice on the terms of the settlement agreement rather than anything wider.

You might start pushing for 6 months pay, and see what they say - I'd be shocked if they agree, but you might be able to push up the money a bit just because it is often easier to settle than to argue on. But without any obvious legal claim, then you are really not likley to have much leverage.

Unfortunately, you’re not really in a position to “demand” anything. It’s effectively a redundancy based on your base location changing. As you’ve been there for a relatively short time, I can’t see you getting much more than statutory pay (plus notice, leave etc).

A lot will depend on whether you have a claim for unfair dismissal, discrimination or similar. If you do, you should receive a substantial payment - not as much as you would get if you took it to tribunal and won, but a lot more than is on the table at the moment. However, if you don't have a claim you are unlikely to get much more than statutory redundancy.

Your employer should pay for you to receive independent legal advice. It is in their interests to do so. Consult a lawyer who specialises in employment law. They will be best placed to advise you.