How do I negotiate my way out of this job well?

[BlinketyBlonk]

i’m in a situation where my boss wants me to leave and I want to leave. How do I work out some kind of amicable settlement rather than a horrible mess?

Background is I have been in the role about 18 months. It’s a major misfit with my skills, and I’d be the first to admit I have been dropping the ball left right and centre. I’m recently diagnosed with ADHD (which they know) and with anxiety and depression (which they don’t) and I’ve found it incredibly hard.

I’ve got a meeting with HR next week which is supposed to be putting me onto a PIP. I really don’t want to drag this out - I think we all know it’s pointless and it’s a more fundamental mismatch between me and the role.

I think my ideal situation would for us to mutually agree an amicable parting of ways now, be able to work part of my notice so I can leave my team in a good place, and be paid for the remainder. The sector I work in is quite a small world so I don’t want to leave under a cloud or screwing up my future employment prospects.

Anyone got any advice on how to approach this.

I'd suggest meeting with your manager 1 to 1 and discuss your proposal. They may say yes if you're about to go on a PIP so it maybe an amicable resolution to a difficult situation. Good luck

How long is your notice period?

I would also disclose your anxiety and depression to manager, on the basis that you release your performance has wavered.

It makes it a little bit harder for them to fire you on a Pip outcome alone or may influence the content of the pip, but would potentially make them more amenable to your proposal.

They would then draw up a settlement agreement with a non disclosure clause.

How long is your notice period? Have you considered whether you need time off? Sounds like you've had a lot going on.

6 months

Financially we’ll be OK if I don’t find another job again immediately and I’d welcome some time off TBH.

Being completely honest you are probably not in a great position to negotiate.

The only potential negotiating point you may have is if you are able to evidence that you haven't been adequately supported or provided reasonable adjustments.

Otherwise you have less than 2 years service and agree that you haven't been doing the job well, so it would be very easy and cheap for your manager to just end your employment.

Otherwise you have less than 2 years service and agree that you haven't been doing the job well, so it would be very easy and cheap for your manager to just end your employment.

I’m fairly new to this but wouldn’t that mean going through a PIP (paying me all the while) then if the end my employment after that would they not have to pay my notice? That doesn’t seem that easy or cheap?

Or is there an option for them to just say “bye now” without any of that (short of gross misconduct!)

Disclose all recent diagnoses and their effects on you/your ability to do you job to your manager and explain that it makes you unsure the PIP will achieve a positive outcome. You would therefore be open to discussing any other options the company can present. Record everything up to this point.
I’d expect you to then be offered a protected conversation where you can agree terms to leave (a settlement agreement). I’d expect to be paid for, but not work, the full notice period.
Alternatively, hand your notice in now, before the PIP conversation and negotiate a shorter notice period?

The aims of the PIP are to improve your performance to a satisfactory level. If that isn't achieved then dismissal can proceed. gross misconduct is without notice and there for no pay (usually) but less serious capability issues are usually with pay, or pay in lieu of notice.

The poster before me is right and lays out a good approach for you to take. You want them to consider a scenario where no pip takes place at all. In these circumstances the offer could be full notice amount paid with an agreed imminent exit date. Or they may offer less.

You can also describe that you're finding it all very stressful given your current health situation and would like to know if there are any alternative proposals.

They can dismiss you for any reason (as long as it's not discrimination) in your first 2 years service. E.g sorry it's not working out, your skills aren't what we are looking for

I agree with @Ineedanewsofa

it depends very much on the culture of your organisation, where I work in the circumstances you describe we’d likely offer a settlement with a near immediate departure and pay your notice out in full.

If you don’t need the money why don’t you just resign and ask for a shorter notice period?

But they'd have to pay my notice in that scenario, right?

That would be a really good outcome from my perspective and I can't imagine why it wouldn't be from their perspective too? That's not going to cost them any more than the alternative, or is it?

I agree with you. Letting you go now with PILON and a compromise agreement wound a good result from their pov. And yours given your notice period!

I'd check your contract. Their notice to you and yours to them may well be different.

My other consideration is what is better/worse for future employment prospects? If this gets dragged out through a PIP, does that get disclosed in any future reference? Would any future employer know about the circumstances in which I left the job?

I've checked, it's the same (6 months) on both sides. Only exception is gross misconduct.

I think the best you can hope for is to not be required to work your notice period and for them to agree a decent reference. I would disclose your health issues, in the context that you are aware it's affected your work.

From the employer perspective a settlement is usually favourable, there is a lot of work that goes into managing someone out (PIP being the first step) and with any employee who has a diagnosed MH condition there is always a risk they will get signed off on long term sick meaning it’s an even longer and more time consuming process to manage out and they have to cover the workload while that process is going on.
Given what you’ve said, I’d expect them to be open to a settlement conversation. Make sure reference wording is part of that settlement agreement.

@YoBeaches

You want them to consider a scenario where no pip takes place at all. In these circumstances the offer could be full notice amount paid with an agreed imminent exit date. Or they may offer less.

in what circumstances could they offer less than my notice, or what would their argument be? 6 months notice is not inconsiderable so I’m sure they’d like to not pay me that if they could.

Because it's a negotiable offer. They may offer you 3 or 4 months salary, plus continued benefits - pension payments, healthcare etc during the exit period.

The settlement isn't just about salary but your whole package.

You acknowledge you haven't fulfilled your side of the employment contract and you want a pay out? Am I missing something? Have they been bad to work for?

As a manager I'd probably be pissed off that you haven't been good in the job and now you want a 6 month pay out too

This was my thoughts...OP let the ball down, which would have impacted their team and other folk around them, but wants to get paid for nothing (I.e., during period of not working during notice period). But good luck to OP, if you don't ask you don't get...just (in my opinion) a sort of screw everyone I'm looking after myself attitude.