Settlement Agreement Advice

adamL

lincroft1710 said:

You do realise that being off sick for a long period of time gives the employer ammunition for considering dismissal on the grounds of inability to do the job

What would you do? Go to work when threatened and just pretend it's all ok?

kempiejon

adamL said:

lincroft1710 said:

You do realise that being off sick for a long period of time gives the employer ammunition for considering dismissal on the grounds of inability to do the job

What would you do? Go to work when threatened and just pretend it's all ok?

I guess this is when hindsight suggest the greivance should have been started, I chose not to raise a greivance as I tried a negotiation. That worked against me and when it became acrimonious I regretted not starting my offence earlier but you can't relive what;s been done.

adamL

kempiejon said:

adamL said:

lincroft1710 said:

You do realise that being off sick for a long period of time gives the employer ammunition for considering dismissal on the grounds of inability to do the job

What would you do? Go to work when threatened and just pretend it's all ok?

I guess this is when hindsight suggest the greivance should have been started, I chose not to raise a greivance as I tried a negotiation. That worked against me and when it became acrimonious I regretted not starting my offence earlier but you can't relive what;s been done.

A grievance will go in shortly no doubt. Just waiting on the advice of a lawyer now. Which we have finally agreed on one after several calls. 

Juliette100

It’s not legal to purely offer you a settlement. The discussion should or I hope was had with you as a ‘without prejudice’ or a protected conversation under section. 111A of the ERA. Anything else would have been premature and unfair dismissal. 

After 14 years you’d be entitled to 12 weeks notice so their 3 months is likely based on the statutory which caps at 12 weeks. 

An additional pay is purely discretionary but if they put you on a PIP then you need to consider what is fair. After 14 years and if this is your first poor performance matter then 8 weeks is unlikely to be a fair timeline to improve. 

You mentioned you are off sick. Again if the company work through a disciplinary with you due to absence then that may take longer than 2 months as exiting for illness takes time and required careful assessment based on drs input and your ability to fulfil your role. That said exiting would be the last resort under absence for illness. 

You need to consider time to find another role. Would it take you 5 months to find another job. 

If they have preempted your exit and not had a without prejudice discussion that’s an issue for them and gives you room to negotiate more. If it was under some form of protected conversation then asking for what you want can be asked. If they are wanting you to go a compromise is likely to be had.  

lincroft1710

adamL said:

lincroft1710 said:

You do realise that being off sick for a long period of time gives the employer ammunition for considering dismissal on the grounds of inability to do the job

What would you do? Go to work when threatened and just pretend it's all ok?

Perhaps I might do, but whatever I might choose to do is irrelevant, I'm not the one having to deal with a hostile employer. I'm just pointing out that if you partner doesn't play ball, the employer may try another tack

cr1mson

Just a reminder to consider having things like an agreed reference included.

kempiejon

cr1mson said:

Just a reminder to consider having things like an agreed reference included.

Another reminder. When I left with a settlement the HR business partner told me the about my agreed reference in the leaving interview. It was the first time I'd heard the specific wording. It wasn't true, HR said it was part of my settlement agreement which I'd already agreed to. The settlement I saw and signed with the solicitor didn't have the text of the reference.
I was OK without needing a reference and already had a couple of casual contracts lined up but if it's a concern make sure you confirm the reference before signing anything.