Only one offered a settlement instead of redundancy - legal?

[Chillymoanday]

I've been approached with a settlement during the start of consultation but I am the only one who has been approached.

Its a decent figure, but for a few reasons, I'm not inclined to make this easy for them despite the settlement making it fairly clear to me that I'm the employee they want gone.

Can I use this later as proof the decision to make me redundant was already decided?

what is the “proof”?

They’re offering you redundancy
Knowing they want you out anyway - i’d take it op
you’re skating on thin ice anyway

No idea why you wouldn’t to be honest, settlement is cleaner and typically higher £ than you’ll get from redundancy anyway.

I think you're cutting off your nose to spite your face if you'd lose out on more money, just to make it more difficult for them. If they want you gone, you'll be gone. And if you do make it difficult, they'll be trying to give you the minimum possible.

The settlement offer made to just me. Very suspicious if I'm the only one offered a settlement, I refuse, then I'm made redundant I think?

I know they want me out. But i'm really just wanting to know if I can use them offering just me a settlement during consultation as evidence the redundancy outcome was already decided 🙏 like legally can I use it?

The offer is only slightly more than redundancy and tbh it's not really about the money for me. For many reasons, I honestly don't want to help them here.

Legally in what way? What is the case you’d be wanting to bring? There’s nothing wrong with employer’s offering settlements at the start of a redundancy process, it’s very common, if you decline and then are made redundant then that’s also legal, there’s no “gotcha” here. What is the case you’re hoping to bring that would use this in?

If they want you out, use the legal resource which will be paid for as part of your settlement to negotiate the maximum. At this time of year I would be looking for additional months as no one recruits over Christmas etc. There is no point trying to hold on to a job. The settlement should also include an agreed reference.

I have been where you are, it’s less stressful to take the money than fight, and you would gain no benefit from redundancy.

So I've read that in a redundancy situation it can't be a predetermined decision.

I think just one person being offered a settlement during the process, then that person being made redundant, points to it being a predetermined decision.

So, can I use the settlement offer as evidence the redundancy was unfair as the decision was predetermined?

no I don’t think that would work and have you seen what you’d get at an unfair dismissal case anyway even if you won? It’s not worth it.
take the offer
if they want you out they will find a way

I get what people are saying, I really do, but for a lot of reasons I really don't want to give them an easy ride on this. I get it would be stressful but I'm alright with that, really.

Really just want to know if just one person, during redundancy consultation involving others, is offered a settlement, is that possibly enough evidence of a predetermined redundancy so I can take it further?

No, you can’t. Settlements are very often used by employer’s in redundancy situations, this isn’t a “gotcha”.

Stop using Google and get proper legal advice from a solicitor, they will tell you the same thing.

Unless you think you have a genuine case for Unfair Dismissal or Discrimination, there’s really no benefit to turning down a settlement only to then be made redundant. And even if you do think you have a case, think about what the case will cost you, and what you’d be likely to get if you did win, it probably wouldn’t be worth it anyway.

Exactly this. I know how you feel, you are very angry and hurt. However, the most important think is secure your finances and your future. You are extremely unlikely to get more money via a legal case and it would take a long time and be extremely stressful.

Put that energy into getting a solicitor and negotiating the maximum possible settlement plust a decent reference. Then put it behind you.

The answer is no.

Settlement agreements are common as part of redundancy process.

To claim it was predetermined and therefore unfair redundancy you’d need something like them advertising for or hiring someone for your job role.

A settlement isn’t proof of anything other than that your employer knows they are allowed to do this and can do it, which is all totally fine and legal.

But surely I have unfair dismissal case (unfair redundancy process) if the settlement offer made to just me indicates the decision was made?

I know I can speak to a solicitor, was just hoping there would be some HR people on here that might know 🙏

It's really not about the money necessarily.

Every redundancy I've been through has had a settlement agreement. Plus you're not meant to talk about it with others. Who's to know that the others have been offered one too.

Also depending on the number of redundancies at risk - if less than 20, the company dont necessarily follow a traditional long drawn out consultation.

I really don't want to give them an easy ride on this.

To put what a few have said to you in plain English.

They won't give a shit either way, none of this is going to be hard for them.

Your thought process is flawed - it’s a position thats redundant, not a person. If there is only 1 person carrying out that position, then it’s clearly going to be a predetermined redundancy.
Why do you think they want rid of you?

They didn't say it was confidential and I've not signed the agreement. I know for a fact that I am the only one who has been approached out of a pool of 5.

No, you don’t. Settlement offers are common in redundancy, beneficial to both employer and employee, and aren’t proof of anything.

You don’t know that for a fact at all unless you are one of those deciding on the agreements, which considering you’ve been offered one, you aren’t.

All of you could have been offered one, but it really doesn’t matter anyway

If there's only a few of you being made redundant, they don't legally have to follow the consultation periods anyway. They could have just made you redundant. They have probably done it as a curtousy and to give time to look for another role. The fact they have made you a better offer is a bonus, you could negotiate for more if you think its worth it but I very much doubt you have a legal case.

How do you know for sure it is just you?

Also, if the used the term 'without prejudice' then it cannot be referred to later as it sits outside of the legal framework. I'd be surprised they haven't sought legal advice.

You sound a nightmare, to be honest. Wanting to not let them off etc. You're call but I suspect you'll end up worse off but have plenty to moan about.

OP,

I think your fear is driving you down the conspiracy route, use your energy on securing the best possible settlement.

How long have you worked there ?
Do you have a non compete clause in there ?
How many months ex gratia pay are they offering?