Protected conversation to reach a settlement

[wanttoworkbut]

Long term poster, name chaned. My employer has emailed me those title words last night, and I'm bricking it a bit. I'd previously been told that due to budget next year, buget cuts were to be made and posts in my team made redundant. But the wording seems to imply performance issues. Anyone been here and know? It's public sector. I'm not in the union...can afford legal advice but but it's knowing where to start and what to ask really 🙏

This must have come as a worry, try not to panic.

I wouldn't necessarily think performance issues, it could be a mutual termination of employment to avoid acknowledging redundancy figures for the organisation, this happened to a friend of mine, ultimately it amounted to the same thing and the terms were the same.

Good luck!

A protected conversation is a way to agreed an exit package “off the record” meaning that it can’t be referred to in a future dispute.

If a deal can be agreed it will short circuit the redundancy process for them saving them time / hassle. They will likely pay you ££ under a settlement agreement to go quickly.

If a deal can’t be agreed then they bounce back to the on the record redundancy process - which will take them time to get through in a fair way.

So it doesn’t imply performance issues but it does imply that the redundancy process is likely only going one way.

Go to the meeting and just listen to what they have to say. Don’t agree to anything - say you need time to think and get some advice. You don’t have to agree to anything then and there.

They should pay for a solicitor to review any legal document on your behalf.

You can also use the legal cover that comes with home insurance.

Sounds like a "Compromise Agreement" they want someone to go and the conversation is how much will we have to pay you to leave. My husband's employer does it this way, they don't make people redundant as such. Usually once you accept you have to consult a solicitor and sign an agreement not to discuss it with anyone.

No, it doesn't mean there are performance issues. It means they want to put a settlement agreement (what used to be called a compromise agreement) on the table under which you will leave and agree not to take them to tribunal in return for which they will pay you a sum of money. There will also be terms around confidentiality, an agreed reference and so on. They should offer an amount to pay for legal advice so that you can have the agreement reviewed by a solicitor as the agreement is not binding on you unless you receive independent legal advice.

You're all very kind thank you.

Good call. I've just spoken to the insurances legal helpline and it won't cover a solicitor but they will give me general advice. I think I still want a dedicated solicitor.

We have been told (by the councillors not the managers 🤪) that there will be no compulsory redundancy. The last round was all done voluntary redundancy.

They will offer you a package
they will pay for you to have your own solicitor to look it over
tell them you need a little time to think about it
don’t accept the first offer - there’s always room for negotiation
you will also get an agreed reference

Your employer will pay for a solicitor to advise you on the agreement. The agreement is not binding on you unless you get independent legal advice. However, most don't offer enough to allow the solicitor to negotiate on your behalf. If you want the solicitor to negotiate a better deal, you may have to pay for that yourself.

Technically, using a settlement agreement is not a compulsory redundancy, but the effect is the same. In general, if a settlement agreement is offered, your employer is going to find a way of getting rid of you if you don't accept it.

Thanks @prh47bridgegood tip.

I can't imagine there's much room for negotiation in local government, and I'm too young to be pensioned off - under 55.

sometimes when have these conversations at work, they offer to pay for you to get legal advice (as in you pick the lawyer, they pay the bill)
So it is worth asking them for this, if they don't mention it?

Stay calm, be firm. This doesn't have to be totally awful (while losing a job is always awful, it is a good sign that they are talking)

Don't agree to anything don't sign anything, listen and make notes. They usually give you a couple of days to make any decisions.

good luck

Having had some initial legal general advice, it appears they might pick up the bill once the settlement agreement is offered to me. But I really need support beforehand, I am so demoralised dealing with these people over the last few months who have been clearly trying to catch me out in some way. Initially the news we'd be made redundant was almost a relief! But now the reality is coming closer and I have no other means of support - no family or partner to pick up the bills.

Thanks all.

Well I should have something in writing in a few days apparently, no 'conversation' as such.

thinking of you @wanttoworkbut - I hope the offer is a good one. sorry you are in this situation

Update - I got offered 8 weeks salary tax free, plus 7 weeks 'notice' paid. I asked for 17 weeks tax free as I was effectively being made redundant. They've agreed in principle, trying to get in out of them in a legal form now.

They'll also pay £400+VAT for my legal costs.

I am soooo ready to go.

Thanks @MrsChristmasHasResigned

Can your settlement include garden leave @wanttoworkbut ? Hope you get away from it all soon.

I think they're going to pay me til the end of march.