Settlement agreement and job offer - how to position ?

[Shootingstarsandthemoon]

So I'm applying for new roles after an extremely stressful and difficult time in my current role where my employer has acted badly in their treatment of me, and the employment lawyer I have instructed thinks that 'we' have grounds to seek a settlement agreement. I've been at the firm for a number of years have a strong reputation but a new manager really took a dislike to me, despite my best attempts to repair the relationship.

At the same time I'm in early stages of applying for a senior role in a new firm working for a well respected previous manager.

I don't want to tell her about the likelihood of the compromise agreement tnat I think I want to pursue. One of the reasons for this is because she tells me that I have been headhunted is because I've worked at my current firm for a number of years and because that means I have a good reputation and am stable 🙈. I've actually never had a personality clash with anyone at work before.

Im trying to establish if I could obtain a settlement agreement and move into a new role somewhat seamlessly and without this raising eyebrows? For example cohld I agree a leaving date that is 3 months out into the future so that it looks that I have left out of natural resignation reasons.

Otherwise I think i will be tempted to resign with no settlement agreement as we work in quite an old school professional industry and I wouldn't want aspirations to be cast over me as I start a new role.
Thank you😊

Yes it's possible - I did it. My new employer is none the wiser. The settlement usually comes with confidentiality clauses on both sides and you can agree wording for your leaving notice/reason, usually something vague like 'pursuing new opportunities'. You can agree your reference too.

But...get that settlement sorted asap! As soon as your current employer gets wind that you have another role or are lining one up then there's very little incentive for them to pay out on the settlement.

Generally you leave as soon as the agreement is signed and they'll pay you in leui of your notice period , as well as any outstanding annual leave, as part of the agreement.

Should def be possible. I would get the settlement agreement agreed asap. If they are competitors you could always say that once you resigned they put you are gardening leave to explain any early exit?

I had the same issue. As soon as it looked like I would have to leave I frantically started applying for roles.

I was going through several interview processes whilst we arranged the settlement. One clause originally added by ex company was that I couldn’t have an offer on the table at the time of signing the settlement but my solicitor had that removed, thankfully.

It was stressful- I was aware of the timing being right for my new employer so I lost a lot of sleep. In the end I took PILON so could have started the new job immediately but I knew this looked odd, plus my MH was at an all time low, so I took 3 months off to recover, explaining that this was a covenant in my contract about working for competitors (it was but the clause had been removed in the settlement).

I felt uncomfortable lying. My company seem to be really happy with me but I still have moments of feeling like a fraud ( the issues had all been caused by my ex manager but I feel like I have a black mark on me and it might all eventually come out).

Good luck with it all!

yes, as part of the agreement get a reference agreed. Do it quickly though.