How do I push for a Severance/"mutually part ways" package rather than a long drawn out fake PIP?

[AIstolemylunch]

Posted this on another thread where someone else had recently been through similar but didn't want to clog up their thread. Would appreciate some advice from some HR/legal insiders.

Clear my face no longer fits (is happenning to a lot of people, new management have been bought in from a competitor and they're having a clear out and bringing in their own people). This has been rumbling since back end of last year. In Feb just before annual review, where I had been led to believe I was successfully working towards a promotion, I found out that I was the only team member on equivalent roles and responsibilities who hadn't already been promoted and I was on the lowest salary - also the only woman of course. I kicked off about that a bit but they refused to promote me, no budget yadda yadda and said new manager would enage in coaching etc to get me there.

Pretty much radio silence since and I just kept my head down and carried on working as normal. But am obvioulsy now being frozen out, emotionally bullied etc. I decided at that time back in March/April to leave gracefully at this point and look for a new job but had a financial reason to do with stock options for not wanting to leave before end of August so was just trying to limp through until then (considered a discrimination case but it's a small industry and I'm not really after the limelight so decided against it). Performance review was 'successfully contributing' (with no right of reply to anything as they made it read only on the day they finally did the review). Have had no verbal or written warnings. Am a member of a small independent union that I joined back end of last year as saw all this coming.

Anyway, hardly hear from this new manager since March but had a one to one last week where everything seemed fine, he was just talking about a new team process etc. asking for my advice on it etc. Mentioned that had big managemnet meeting later that week. This week's one to one at beginning of week he verbally said (on a Zoom) I'm doing a 6 month review and I want to put you on a performance coaching plan (aka PIP I am assuming). Some made up nonsense about 'theres been complaints about your work, but they're anonymous so I can't tell you what they are' etc nonsense and that HR had advised him to do this. I said ok, what's involved, and he said he didnt know. I said ok, well why don't you get back to HR and find out and send me over the details and we'll take it from there. Haven't heard anything since.

There is a massive purge going on at the moment so HR are very busy. The 2 guys I work with went last week. One settled for 3m pay, the other (better negotiator) refused a PIP and got severance with a tax free lump sum. I'm more than happy to go now but after 5 years service I want to maximise the compensation for being bullied out. I also want to protect my reputation as the people involved know a lot of other people in our industry (I am job hunting).

Any hints and tips about my next best course of action?

A paper trail is always a good idea - follow up zooms/phone conversations with emails detailing the conversation and your requested course of action.

I went through a very similar experience and so can advise you as to what I did. I got 3m pay plus a tax free ex gratia payment plus pay in lieu of leave. I think I could have pushed for a lot more but I had a new job lined up and just wanted out by then.

First, I would advise that you get a solicitor. Someone who specialises in employment disputes and severance packages. Some ask for upfront payments, some bill by the hour and some do no win no fee.

Then take their advice on the next steps but in a similar situation all the solicitors I spoke to told me to lodge a grievance as the first step. My solicitor proof read mine. No poor performance having been reported to you previously, no steps before a PIP, manager attending meeting with no information, manager not following up with you afterwards etc. you can say this is causing you stress etc. I’d also advise you to download all the relevant company policies regarding performance, 1:1s and PIPs. If they’ve breached anything make a note and put it in the grievance. Also make sure you follow the grievance policy to the letter.

My solicitor then let the grievance sit with them for a week and then approached them and suggested a severance package was in order. A solicitor being involved definitely scared my employer.

It depends whether your employer is open to severance packages but it sounds like yours is. Decide what your limit is (how low you’ll go) and let your solicitor deal with it.

Meanwhile, depending on your finances and situation, put your effort in to job hunting whilst it’s sorted out.

Good luck!

Thank you thats very helpful!

I have a contact who works for a union and has a masters in employment law (though is not actually a solicitor) who is offering to represent me for free, do you think that would be a good as a solicitor? (Has access to employment solicitors at the union).

How much was the ex gratia payment in relation to the 3m salary i.e smaller or larger and how did you come to that figure?

Thank you for the advice, appreciated!

I recommend you call Karen Teague of Yess Law. She’s excellent and will help you reach a settlement.

I have sent you a PM.

There's seriously no comparison to a friend who has a masters in employment law but not practising (therefore not up to speed on current legislation, compared to a practicing employment lawyer with years of relevant experience under their belt).

Don't sell yourself short on free legal advice from a mate who isn't up to speed.

Very kind of your friend but .....

@AIstolemylunch Like others have said, I would recommend that you get a qualified and experienced solicitor on the case. As well as the experience they have, the fact they are practicing will hold more clout with your employer than your friend will.

The solicitors I spoke to all advised starting negotiations at 6 months pay plus your notice period. I started slightly differently due to circumstances. There will likely be a bit of back and forth whilst you negotiate.

The first £30k of any lump sum (excludes notice period or pay in lieu of notice) should be tax free.