Dismissal on performance grounds

andygb

Undervalued wrote: »

No its not!

Technically it is a POST not a person that becomes redundant. If so, and the post holder has worked for over two years, then the state lays down a minimum formula to legally pay them off.

If the job still needs doing but they just don't want you doing it than that is not redundancy. If they claimed it was then you may well have a valid unfair dismissal claim.

Sadly this happens all too often, and yes, I am aware that it is against the law, but employment law has been watered down, and it is becoming increasingly more difficult for employees to take action.

Undervalued

andygb wrote: »

Sadly this happens all too often, and yes, I am aware that it is against the law, but employment law has been watered down, and it is becoming increasingly more difficult for employees to take action.

What tends to happen is that the firm pays a little more than the statutory minimum "redundancy" and attaches this to a settlement / compromise agreement to protect themselves.

If they just pay statutory redundancy, when if fact it is not a redundancy situation, then they leave themselves wide open to the employee taking the money then filing an unfair dismissal claim.

Snakey

Deleted

Takeaway_Addict

If you're happy to do a settlement agreement then why not mention this to them? You may have to accept a slightly smaller amount than you expected but it would get you a decent reference and give you a bit more control in the situation.

Of course the employer might say no but to get rid of you with little hassle might sway it in your favour?

Undervalued

Snakey wrote: »

I specifically asked about references and was assured that they only do the bland ones that confirm dates and job title. (I don't know what I'd be allowed to say to a new employer as my "reason for leaving" if I left under a compromise agreement anyway?)

It is normal (but not obligatory) for a compromise / settlement agreement to contain an agreed reference and a clause requiring both parties to keep the details and even the existence of the agreement confidential.

Depending on the strength of your position (and on how much the firm want you out!) it may be possible to agree a glowing reference. The firm would be silly to agree to anything that was provably untrue as it could leave them open to action from your future employer. However, there are ways and means.

The reference can be far more valuable than the cash settlement and you need to be very careful about what is agreed. It is all too easy to come up with something that just shouts "compromise agreement" at whoever reads it.

For such an agreement to be binding you have to receive independent legal advice. It is normal (but again not obligatory) for the firm to pay towards this.