Without prejudice meeting after grievance: negotiating exit settlement after 20 years

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I had a formal grievance raised against me last year, and after a stressful and botched process I was found "innocent". The case concerned serious accusations of harassment. I agreed to mediation to clear the air but it's clear our working relationship is hampered by mistrust in both sides. I had a meeting with HR who raised the idea of a meeting without prejudice to discuss a possible exit settlement. I've been in role for almost 20 years, technically have a job to retirement and they can't performance me out. How do I best play this out? I'm happy to go...for a substantial amount of money.

This doesn’t make a lot of sense, if you’re good at your job, found innocent, why would your company want a without prejudice meeting and even consider paying you money to leave? Is there something you’ve missed out saying?

It makes absolute sense. Firstly they may not have been able to prove the allegations on the balance of probability but that doesn’t mean they don’t think there was no issue at all.

Secondly, when issues such as this arise they invariably end up with a breakdown of trust with one or more of the parties involved. In such circumstances the best resolution is to amicably remove one party from the equation hence the request for a meeting.

The best advice I can give is to let them make the first offer in writing and then you come back with an enhanced demand regardless of whether you think their initial offer was reasonable or not. You can often negotiate quite a bit extra if they’re keen to get rid of you.

Couldn't the other person leave?

Don't make any snap decisions.

Consult ACAS and you can use the Legal cover on your home insurance too for this matter.

And get them to pay for a specialist employment solicitor to review the final agreement.

No, except the other person who raised the complaint is likely to do so again and I think there's a fear they will go public about the organization hiding harassment. They won't leave, and it's very political. Also my manager is own their side, although an investigation found no wrong doing. It's been very stressful. And no, I have done nothing wrong.

They won't. And yes, it's about break down of trust. A point HR kept making, about how hard it must be for me...

Ok, so nothing done wrong but your manager feels otherwise. And you can’t continue to work together,

all you can do is put your ask on the table. They will counter. They clearly want rid if they have requested this meeting, how much they will pay for the privalage we can’t guess at.

but don’t assume job to retirement and no way to performance manage out. These things can always be achieved. But a second complaint they may not find in uour favour.

sp really it’s a negotiation now. Make your ask.

"They won't leave, and it's very political. Also my manager is own their side, although an investigation found no wrong doing."

So raise your own grievance about your manager's behaviour. You were wrongly accused, and your manager is now acting in a retaliatory manner towards you for being found innocent.

You are in quite a position of power here. They found no wrongdoing on your part, which means they have to be nice to you. Don't let them pressure you or rush you into any decisions - and think carefully before leaving.

If you play it right, you can either get a large sum of cash with an apology and any agreed reference, or you can cause your manager to have to leave due to their behaviour, and put the other person on HR's radar as someone trouble is attached to....

This is good advice. My DH went through similar a few years back, due to a falling out with the company owners and a complete breakdown of the working relationship. He hadn't done anything wrong, he called them out on shoddy illegal working practices which were against his profession's code of conduct so they tried to bully him out. DH is well able to stand up for himself, but got a solicitor involved (paid for by them) and they were able to negotiate a much better settlement than he would've got by himself.

When I raised a grievance ( different circumstances) I was offered the same as if it were a voluntary redundancy which was, if under 40, a year's salary tax free, or, if over 40, a month's salary for each year I had worked for the organisation, again tax free. This was over 20 years ago though.

I've seen a few of these.
Negotiate a decent package and go.

I would be clear in the meeting: you were very happy... you saw yourself retiring here .... you are very disappointed to find yourself in this situation and if they want you out.... well you'll hear them out but the offer would need to reflect the inconvenience and poor treatment of you. (ie. You want an indecent amout of money or you can all keep going through this painful mess)

Listen to their offer. Say very little.
Record it on your phone discreetly so you can relisten to it.

They should also pay for your employment lawyer as you agree your exit.

Most companies will base an offer on statutory redundancy plus notice and benefits and any accrued holiday. Given your length of service you may be able to gain a better enhancement. If you are senior maybe more so. All this talk of a years pay sounds lovely but in practice is rare.

Remember you don't have to accept one, but if you want to go this could be a good opportunity.

Assuming no link to a protected characteristic, they can dismiss you unfairly and your compensation will be capped at a year’s money - that’s their max liability if they decide the easiest route for them is for you to be the one to go.

do you think you’d be able to find another job at the same level?

I should be able to, I have a lot of experience and a quick look last night found two jobs I would be more than qualified for.

Remember to make sure that any settlement agreement includes an agreement of what wording they will use in any reference they provide for you, and how they will describe the reason for your leaving back to the company, and to anyone external who asks (clients/service users etc).

OP I would assume that both your manager and the colleague who previously complained about you want you out and will continue to make life very difficult for you

I would attend the meeting, say very little and let them make you a settlement offer, then tell them you will get independent advice on the offer.

After 20 years and under these circumstances they need to pay you a decent amount.

Also make sure you agree on the content of your reference and that HR, not your biased manager, will be the one providing a reference to new employers.

Independent advice on the offer

Just manage your own expectations, if you agree to a settlement they will issue you an agreement to sign, and pay for your legal advice to sign it (likely around up to £500). That legal advice won't necessarily cover if the amount is "right or enough", as that is what you've agreed and assume you are content with it. They will likely check your notice is correct against your contractual entitlement and technical matters like that.

When you say you were ‘innocent’ - I take it you mean that the grievance wasn’t upheld, which is different. There may not have been evidence to uphold the grievance, but it sounds as though there may have been behaviours where you didn’t cover yourself in glory either. I’d take the option for a pay off if it’s on the table.

are you in a union? they can advise.
Absent a union as pp said tell the company to make you an offer, then counter that with more. And it is very important that there is no disclosure by anyone at all about the fact there is a settlement, and that your reference must be positive.

(also, you can't be found innocent of anything, only not guilty)

This sounds like a Higher Education scenario. And as others have said it’s best to hear the offer, consider it and make a counter offer that takes into account your experience and expectation of a job for life. I would only add that an HR professional can easily spot a negotiated reference.

That legal advice won't necessarily cover if the amount is "right or enough"

The legal advice should cover a review of the offer documents and to advise the OP if the amount is reasonable. The OP should not agree to their offer until they've discussed it with their solicitor in case the solicitor feels it isnt fair or reasonable.

given the longevity of the OPs service (20 years) they would be wise to pay for more than just a solicitors ' rubber stamp' of the offer.

Echo seeing if your home insurance had legal cover.

Im in financial services and our redundancy package is 4 weeks per year of service, plus accrued bonus and the statutory bits like notice and annual leave. However I got 28 weeks pay after being there two years because they were racist and hated disabled people and just wanted me gone. It’s just to show if they want rid of you they’ll up the offer. Their opening offer was 16 weeks pay.

I don't think the long service makes much difference. It's about compensating you for loss of earnings and how long you might reasonably expect to take to get another job. I doubt you'll get more than 6 months' salary, more likely 3 months' but agree with PP, let them make the first offer.