Settlement agreement amount

[Melcl1987]

Hi, seems like i am being pushed out of my role at a tech company after roughly 9 years. I am due to start a pip next week but have also been offered a settlement of my notice plus one months pay as an alternative. I have been told i have a decent case for unfair dismissal by acas if it comes to it. Just wondering what others have got as part of their settlement (e.g. how many months salary) as its not somrthing i am familiar with? Appreciate each circumstance will be different but helpful to have an idea of what others have received and whether you negotiated them up from the original amount offered. Thanks

Have they given you an offer of paid for legal advice which is where you would get this information from?

No they haven't offered any money for legal support

I would be wanting at least as much as redundancy taking into account that some of that is tax free.

They have to offer to pay for you to get legal support. You cannot signed an offer without legal advice first. One month on tip of notice period is low. Also make sure you negotiate in agreed wording g for a reference.

Are you apart of a union? If so they will give you free legal support.

How come you've ended up on a pip? Is there grounds for discrimination of some sort?

Offering a settlement without you asking for one suggests that they reallt want yoy gone and fast l, id be trying to work out why that is. I.e. they are trying to make sure you dont have time to figure they are somehow at fault.

In your position (and i am currently imsomething similar) I would be reaching out to employment lawyers, a few of them.

Also dont let them push you into a short decision time frame. I was advised to say something that confirms my engagement but states that more time is needed to seek outside advice. "Thank you for sharing this information with me, in order to fully engage with this process I will need an extension to the deadline given so that I may seek expert advice - please share the full offer details with me including a breakdown of all required elements."

That’s a paltry offer.
I got 1 yrs salary tax free, but I did see an employment lawyer for advice before beginning negotiations.

Is there a sound basis for the PIP? Be honest with yourself.

It’s a crap offer but it depends on the above. I’m surprised ACAS advised you have a strong case - I would consult with a solicitor. We pay £500 + vat for sols fees on advice on a settlement. You’ll need to stump up more for advice beyond that.

I’d be aiming for at least the length a PIP would take + a couple of months, if the PIP is solid

You must have been on less than £30k as that’s the limit for tax free termination payments?

a PIP would likely take a minimum of 12 weeks to see through to completion. So if you take a settlement of 1mth, plus notice, you are effectively forfeiting 2mths of pay and benefits. If they dismiss you at the end of the process, it will be with notice pay anyway.

if they want you to enter into a settlement agreement, they have to offer you a contribution towards legal costs. Typically £500 + VAT. This will only be enough to cover very basic advice though. if they want to do this through a COT3, that will be through ACAS and there will be no legal fees.

remember any compensation payment will be tax free upto £30,000 so I would counter asking for 3mths, gross salary and benefits, but be prepared to settle at 2mths.

Im very surprised ACAS said you have a strong case - they are neutral & should not be commenting on strength of cases.

good luck.