Settlement Agreement Vs Alternative position consultation

GTSTMD

Can anyone help with the following please:

Can I discuss and negotiate a Settlement Agreement whilst also exploring alternative employment within the company I currently work for? or do I have to turn down (reject) a Settlement offer to enable discussions on alternative positions within the company? as this is what I am being told.

Gillian

sangie595

GTSTMD wrote: »

Can anyone help with the following please:

Can I discuss and negotiate a Settlement Agreement whilst also exploring alternative employment within the company I currently work for? or do I have to turn down (reject) a Settlement offer to enable discussions on alternative positions within the company? as this is what I am being told.

Gillian

There is no direct law on this, so the answer is whatever the company says. They are not alternatives - in law if there is a suitable alternative role then you must be offered it and you are expected to take it, or you get nothing. You aren't able to decide based on which you would prefer, unless the employer lets you. If it came to the job being offered not being suitable in your eyes, but the employer disagrees, then you can make an employment tribunal claim for redundancy. But the settlement offer doesn't go back on the table. The employer does not have to offer any settlement offer, so the terms under which it is offered is up to the employer.

getmore4less

I would wonder why they are not prepared to negotiate on both at the same time.

the default is normally a regular redundancy with potential alternative employment options.

If they need/want a settlement agreement why?

any job can potential be made more suitable with the right incentives if it is not at a base level.

can't see why they can't do both.

it's a give me this to leave quietly if you won't give me this job on these terms.

GTSTMD

Thank you for your reply.

So what happens because I have identified 3 internal positions being advertised and the company has 2 subcontractors doing the same role in 2 different location at a band below my own.
The company called me in to a one to one on Monday, no prior knowledge, said role was no longer available and presented a illustration of a settlement, never had to deal with this before and do not know process, I have been offered legal advice which they will fund to a set amount but they want to send them a settlement pack, does this mean if I agree to go to legal advisor that I in theory have agreed to something...

sangie595

GTSTMD wrote: »

Thank you for your reply.

So what happens because I have identified 3 internal positions being advertised and the company has 2 subcontractors doing the same role in 2 different location at a band below my own.
The company called me in to a one to one on Monday, no prior knowledge, said role was no longer available and presented a illustration of a settlement, never had to deal with this before and do not know process, I have been offered legal advice which they will fund to a set amount but they want to send them a settlement pack, does this mean if I agree to go to legal advisor that I in theory have agreed to something...

Until such time as you sign the agreement then you haven't agreed to anything. But taken as a whole, based on what you say, they don't want you to stay. They haven't actually identified the "suitable alternatives" - you have done that yourself, and their response is to make you an offer to go away. That's a pretty large hint. Can you think of any reason why they wouldn't want you to remain in their employment?

GTSTMD

Thank you for your reply.
I was just told the role was no longer needed and that I should think that it was the role and not me that was not required anymore. I was also told I worked independently which I corrected him saying I worked as part of a team which is correct and have done so for 9 1/2 years, he said he did not see it this way, I said could easy provide proof of this for the entire duration.

sangie595

But regardless of that, you have three posts you identified as suitable alternatives (the subcontractor roles don't count - they can argue business need there, and the posts are not available) and the response was to offer you a settlement agreement which they would only offer if you didn't also want to look at alternative positions. In theory, what they have said about the role is correct. It isn't you, it's the role that gets made redundant. So what's the reason they don't want to discuss either a role or a settlement agreement at the same time. They can if they want to - the emphasis being that it is up to them to decide. If they are saying it's one or the other, in the circumstances that you described it would appear they have decided they want you to take the settlement agreement.