Redundancy settlement agreement and Share Incentive Plan shares

BristolBarry

If, during a redundancy, there's no enhanced redundancy pay (and no other enhancements) can an employer slap you with a settlement agreement due to retaining free shares through their Share Incentive Plan?
BB

Undervalued

Yes. 
If you are getting anything at all above and beyond the minimum redundancy entitlement set out in law, the employer can make it conditional on a SA being signed. Also if the "redundancy" was in any way voluntary rather than a true redundancy situation it would be normal to insist on a SA. 

If you are not happy to sign then you will get the legal minimum but you would be free to bring a claim for unfair dismissal if you felt it wasn't a true redundancy situation. If you sign the SA (and by law you must receive independent advice from a solicitor or specially trained trades union rep) you are signing away the right to bring (almost) any claim.

BristolBarry

Thanks for your quick response, much appreciated.
The redundancy is in no way voluntary. I'm caught between a rock and a hard place then. I have a strong case, including sizeable evidence, for unfair dismissal so refusing the settlement agreement and losing the shares will indicate to the company that I will be pursuing a claim against them. My biggest fear is that they'll retract the redundancy and reinstate me in my role whereby I have no confidence that I will be treated in a fair and equal manner moving forward.
Sometimes, no matter how upsetting it is, I think I need to just take it on the chin and get it over with.
Thanks again.
BB