Advice wanted on historic work settlement/potential constructive dismissal

[Emmals1992]

Hi,
I'm hoping any employment law experts might be able to put my mind at rest re. a settlement I signed with a previous employer a few years ago. I'm aware due to the length of time that I probably won't be able to do anything, but i'm still struggling with what happened and how I was treated.

I had been in my role for approximately 4 years - I don’t want to reveal what the job was, but it was a creative position. It was a job I loved and had worked really hard to get there. During the pandemic, I was furloughed which I really struggled with due to the uncertainty of knowing if i would lose my job and suddenly having nothing to do. On my return I took a while to get back in the swing of things - i put this down to furlough but actually my workload had dramatically increased too. My manager mentioned a small concern about my performance a few months after coming back from furlough - I explained i had been really struggling with motivation working from home and so i was one of the first to go back into the office. I found this helpful and felt my performance was improving. Nothing concerning was coming up in my regular chats with my manager. In fact, I felt we really got on well.

In January 2022 out of the blue, I was put on an informal performance plan. This was incredibly stressful and i worked super hard - i couldn't have tried more but was told my work still wasn't good enough. I showed the same work to other people in the company who couldn't see massive issues with it. My self-confidence was severely damaged and I questioned every single piece of work I did - getting my husband to check everything before submitting. I asked a colleague to sit on a meeting with me when I was told HR would now become involved and it was an official performance plan. He was only able to come to one meeting with me. I admit i was naive and didn't question as much as I should as I was so scared of losing my job. I was told not to tell anyone what was going on which I now realise means i couldn't tell if what was happening was right or not. I wasn't given a chace in these meetings to rearrange the time so a colleague could accompany me, which again, i'm now annoyed at myself for not pushing.

I mentioned in one meeting that my mental health was struggling with the process, and it felt like my work couldn't improve now due to the pressure of the situation, and my constantly questioning of my own abilities and that coming from my manager. After I raised how I was feeling I was offered a settlement to leave. This shocked me - I had been working really hard and this was the last outcome I wanted.

It was implied to me that if I didn't accept it, and tried to continue through the performance plan, it was likely I would be sacked without reference. They paid for legal advice for the settlement - this all happened very quickly, and all the solicitor could do was agree if the terms of the settlement were fair. I expressed I didn't want to leave, but he couldn’t help with this.

While this was happening, i was asked not to work, had little to no contact with my manager and was called by my manager's manager who said it would be best for all if I accepted. The Sunday before I was due to make my decision, I rang my manager, talked through some changes that were coming into place that may make my workload easier and left that call feeling I could turn things around. The next day, I had a call with HR and my manager, and it was like the previous day had never happened – they said they thought I should go. This left me feeling I had no choice.

I accepted the settlement - the solicitor pushed me to ask for a bit more money (thankfully I did, as this only just covered me for the time it took me to find work again).

I never got to say goodbye to anyone - i was allowed to come and clear my desk on a quiet friday and the following Monday everyone was told i had gone. I hated that everyone thought I’d left of my own accord without saying goodbye (I know legally I did, but it never felt this way).

I swiftly went into a depression and struggled to find work for about 5 months. I didn't know what field to look at now as I had been told I was rubbish at what I had been doing. I’ve had very little contact with colleagues i had considered friends and looking back, it still feels incredibly unfair. I have tried to get freelance work in the same field and am always wondering if a black mark has been put by my name (despite the settlement implying they can’t) and due to the nature of the industry and original contract I was signed up to, they can still make money off me from previous work.

I don't know what i'm hoping for from this and apologies for the length, it helped to get it out and as you can tell, it still hurts.

Sometimes jobs don't work out. Some how you need to find a way to draw and line under the experience and circumstances forget it. People leave jobs for all sorts of reasons, nobody needs to know you were asked to leave. Your internal fears of failure/disappointment about the circumstances/worry about what colleagues must have thought are holding you back. You need to let go. Easier said than done. Maybe create yourself a narrative that you tell yourself, the job wasn't the same after Covid and furlough, they changed and I changed, I didn't enjoy it as much, it was time to move on.

Did they give specific feedback and what was it, or did they just say the work wasn't good enough?

'I mentioned in one meeting that my mental health was struggling with the process, and it felt like my work couldn't improve now due to the pressure of the situation, and my constantly questioning of my own abilities and that coming from my manager'
What were you expecting/wanted to happen in this instance and was this discussed at all? Sorry if ive missed it.

'It was implied to me that if I didn't accept it, and tried to continue through the performance plan, it was likely I would be sacked without reference.' Was this if your performance continued to not meet the targets laid out in the performance plan, or did they imply that they would sack you even if your work improved?

Thanks, i have been trying to have this mindset and do sometimes feel better about it. Occasionally i see what they're all up to and it makes me sad. Thanks for replying.

Thanks for replying. The difficulty with the feedback and nature of the work was my manager would say something quite vague and not necessarily helpful to each individual piece of work. This is what led me to believe i could just not do the job anymore - i'd lost the ability. The feedback could also be subjective - what one person liked, another didn't which made it hard when i got positive feedback from others, but only my manager's mattered.

I suppose when i mentioned i was struggling, i'd naively hoped they could put a pause on the performance plan but instead i was offered a settlement to leave. But looking back, it feels like i was in a lose-lose situation. The stress of being on the plan was not conducive to improving my work when i was trying my best.

They implied they didn't believe i would meet the targets - but again these weren't quantifiable. I feel i was at a disadvantage not being able to have a neutral third party in these final meetings.

Since you are asking for legal advice, it is far too late to take action based on anything that happened while you were working there and, in any case, you almost certainly gave up the right to take them to tribunal when you signed the settlement agreement. You can only take legal action if you have evidence that they have broken the agreement, e.g. by not sticking to the agreed reference (assuming there was one).

Legally there’s nothing you can do here OP, it’s too long ago & you signed the settlement and took the money. I would focus now on moving forward and putting this behind you.

Thanks both, i suppose i was hoping someone might say that they didn't carry out the settlement process fairly - I felt I had no option but to agree to it. But I agree that I need to look forward now.

I know it’s hard OP but you just need to let it go. You’ll only continue to tie yourself up in knots by going over and over what happened. Sometimes jobs just don’t work out. But remember it was that job not your ability to do the job that was the problem.

I have worked in many places and always take pride in my work. In some workplaces what I do has been highly praised and in others I’ve had a similar situation to what you experienced. As awful as it has been, you must realise it’s the people that are the issue, not your work. Sometimes you just don’t gel with a boss, or a client prefers another person on their account. It’s just the way it is. Brush yourself down. You are good at what you do. You wouldn’t have got the job if you weren’t. You weren’t supported during the pandemic. Like many you found it tough. The best thing you can do for yourself now is draw a big fat line under what was a shitty time. Then move on and forget about it. Work for and with people who appreciate you.

Hi OP. Legal advice aside, I wonder whether you’ve explored finding a mentor to work with for a couple of years? Someone who will listen, feedback, remind you of your strengths and achievements.

is there a network in your profession that you could explore?

I hope you are now working in that industry still, as it's clearly your passion.

Have you had counselling? If not it might help you get over the upset you still feel about this work situation.

It's obviously unfortunate but I'd say dwelling on it further will only hold you back. Focus on your career as it is now and how to move it forward.

Think of the experience as a lesson learned. Jobs don't work out all the time. Nearly everyone who's ever had one can relate to that.

Thank you for all your replies. I really appreciate it. @DiscoBob Sadly I'm not in the same industry currently- probably one of the reasons it still hurts. Basically the company i worked for was one of the main ones so it's difficult. Plus the knock back to my confidence has put me off freelancing - though I've had a few successes there.

On the plus side, I'm in a good place in this current role and have a supportive manager.

I appreciate everyone who has taken the time to read and reply. I know I need to move on. I saw something from my old colleagues on LinkedIn in this week which I think got to me a bit and made me think 'that should be me'.

@Gazelda I will look into mentoring, thank you. It sounds helpful.

I left a role in similar circumstances earlier this year. Working again now, with a pay cut. Can't really be fxxxkd with a career at the moment, but not old enough to retire.

Tbh I resent how much of my life I have always fitted around the needs of my employer of the day

I could have written your post OP.

You need to change the rhetoric and try and process the feelings. It’s been four years. You cannot do anything about it now. As you had legal advice at the time. You will probably never come to terms with it (because it won’t make sense) but you can ease the hurt it causes. Not coping with furlough and mental health issues are not your employers responsibility. You could have been signed off sick. Even with WRS.

However I WILL say this:

The people who want you out (often not for the reason you are on an improvement plan for) are the people who review you targets and therefore fail you. The targets are always subjective. The whole system is a sham to make you feel like you are losing your mind and you cannot win. You work harder and harder and get more and more stressed and confused. Your work deteriorates as you lose confidence. You don’t realise it as the heat is slowly turned up. You are put under more and more stress. Look up the “boiled frog” more targets more failures. Coaching. Mentoring. More meetings. Less time to do the work. Poor feedback or no feedback. Nothing in writing. Lies. A witch hunt. Smoke and mirrors. Double talk. It’s truly an awful situation

Linked in is social media so forget it it’s more lies!!

I'm sorry to hear that. I ended up feeling that way when I had to leave a job due to DV. I was too ashamed to sell myself back into the industry so to speak. I still regret that now.
I hope you can focus on your new career and be happy and successful x

This happens to a lot of people so don’t think you are alone. I was put on a PIP last year when a new manager came in after years in the business. I told everyone about it and my colleague was put on one at the same time. Funny thing they were almost identical except the examples so it was clear they were trying to get us to look for something else so they didn’t have to give us a payout. I stayed to try to out perform it but wish I hadn’t as it has made me question everything about my ability when I really should have not doubted myself. Eventually I was made redundant as our relationship became strained and I couldn’t help but but tell my manager what I thought of her. I was told the redundancy was not because of performance so it was gonna happen but at least I hung on and got some money which you managed to do too. In hindsight she was brought in to get rid of people as business was poor as they are still months after I’ve left getting rid of people. I got a job really quickly but I’m witnessing there similar behaviours with other people so not sure if I want to stay there. The job market is difficult however! It’s a valuable lesson that if it ever happens again you need to question it all. I was running rings round my manager as she was pretty dumb and didn’t folllow the PIP process properly and I found dodgy emails about me between hr and her I should not have been copied on) that it was clear they were trying to pin something on me but finding it difficult! It’s hard but try not let your job define you. Often these things are a clash of personalities between manager and staff member.

Thanks everyone for your responses. I really appreciate it. I think it's helped just getting the words down. I'm going to try my best to focus on the future now.

My situation isn’t exactly the same OP, but it mirrors it in a few ways - I was given a settlement to leave. I was given an ultimatum - take this and leave quietly or we’ll investigate you for misconduct.

There was no evidence of misconduct but I had less than two years service and would therefore not be able to claim unfair dismissal had I been fired. I weighed it all up and took the settlement and I think about it almost every day: the idea that people would view me in a negative light, what might be said behind my back etc.

I have a family, and the risks of losing my job without a payoff were too great - they clearly had already made up their minds so it was only going to end one way.

But the reality is that you can only look forward. It’s a waste of your considerable talents to be wallowing in it. What’s done is done. Take what you can learn and move on. I realise this is easier said than done and I’m living with it every day, but you really don’t have a Time Machine so you need to find a way to get past it.

Sympathies though, OP, it’s a head melt and I know how tough it can be