Shall I take them to a tribunal....

PM22

Hi,

My work started an informal performance management of me last November.

Then in January, they said I had only made slight improvements and that I could go down the formal performance management route or leave.

I left without giving notice and they offered me a settlement agreement of 2 weeks pay plus annual leave.

I asked for 4 weeks pay and they said yes but I can't take them to a tribunal for constructive dismissal.

I don't know what to do. Shall I accept or shall I take them to a tribunal? Help!

DE_612183

Do you feel your performance has improved a lot or just a bit?

If you leave and they will give you the money and a reference I'd be inclined to take it.

Even if you did take I'm not sure whether they could stipulate that part of the agreement is not to go down the UD route.

Wyndham

Why do you think you would suceed at a tribunal? From the way you have described it you were not performing, they gave you a chance to rectify this informally but you still didn't reach the standard. So they were moving to the next stage, but offered you a get out - which is actually quite generous of them.

Do you think you were discriminated against?

Do you think you were performing well? Do you have evidence of this?

How long had you worked for them?

PM22

They have stipulated that I can't then take them to a tribunal.

They are dentists who are really tight and for them to pay me for 4 weeks, makes me think they haven't done things by the book and that I might be better off going to a tribunal....

wilfred30

I think they can with a settlement agreement.

PM22

I felt like my performance improved a lot.

wilfred30

Unfortunately for you, it's the employer's opinion that counts and they didn't agree with you.

PM22

Yes, that's true but why are they running scared of a tribunal?

DE_612183

PM22 said:

Yes, that's true but why are they running scared of a tribunal?

Perhaps paying you off is less hassle - how much does 2 weeks wages amount to?

PM22

This all happened just after I complained about a dentist bullying the nurses... there was nothing wrong with my performance and I was just an easy target for them to get rid of because I dared to complain and used the word bullying.

Undervalued

PM22 said:

Hi,

My work started an informal performance management of me last November.

Then in January, they said I had only made slight improvements and that I could go down the formal performance management route or leave.

I left without giving notice and they offered me a settlement agreement of 2 weeks pay plus annual leave.

I asked for 4 weeks pay and they said yes but I can't take them to a tribunal for constructive dismissal.

I don't know what to do. Shall I accept or shall I take them to a tribunal? Help!

Constructive dismissal is a very difficult claim to win. I have read repeatedly that only about 3% of such claims are won at tribunal, although some others will of course have been settled without "going the distance".

For a formal settlement agreement to be valid you must receive professional legal advice and it is normal for the employer to pay for the minimum necessary legal work. That should at least give you some idea of whether you have a viable claim for more.