Settlement Agreement

Marcon

El_Torro said:

Taking what you say at face value I would want a lot more than 9 weeks pay, considering that you have been with the company over 9 years. I would ask for 4 weeks per year, with a view to accepting 3, or maybe a bit less depending on how tough the negotiation is. 

Of course if you play too tough they might just sack you for gross misconduct instead, depending on whether they actually have any evidence to suggest that you have committed gross misconduct. 

Some paid for support from a solicitor might be a good idea. Their fees won't come cheap though. If you had been there for 3 years I wouldn't bother with a solicitor, but you have a lot to potentially lose after over 9 years service.

If they wanted to make you redundant they would need to follow a certain process. Seeing as they don't want to follow this process you seem to have the upper hand here. Don't overplay it though, it could backfire. 

There's no suggestion this is either gross misconduct or redundancy. The employer has already confirmed the basis on which they are dismissing OP.

luckbox

Brie said:

A company doesn't normally just tell someone they are no longer employed and simply pay PILON.  Normally there are meetings to try to resolve whatever the issue is.  Have they taken place?  If not I would talk to the solicitor and ask questions about unlawful dismissal.  

Dismissal: your rights: Overview - GOV.UK

Companies get rid of employees quite often by paying them off. Perfectly normal from my experience. Obviously the settlement needs to be agreed but it keeps everything private and avoids going through a prolonged process that benefits no one. If someone got solicitors involved then they limit their next role opportunities if its the same industry 

Grumpy_chap

RedcarYellowcar said:

Legal fee £350, 

That part seems wholly inadequate if you are to receive quality legal advice.

Do you understand what the reason is behind the company action?
The amount offered does not seem generous but we have too little information to comment.

It is certainly worth getting written on how any future request for a reference will be worded.

How does the amount offered compare with redundancy?
Are the company willing to call this redundancy?

Undervalued

Grumpy_chap said:

RedcarYellowcar said:

Legal fee £350, 

That part seems wholly inadequate if you are to receive quality legal advice.

Do you understand what the reason is behind the company action?
The amount offered does not seem generous but we have too little information to comment.

It is certainly worth getting written on how any future request for a reference will be worded.

How does the amount offered compare with redundancy?
Are the company willing to call this redundancy?

All that has to happen is that, to be valid, a solicitor checks that the SA meets the legal definition of such and that the employee understands that they are signing away (almost) any possible future claim.

Without that advice (from either a solicitor or specially trained trades union rep) the agreement is not legally binding. So, because of that it is customary (not actually obligatory) for the employer to meet the bare minimum cost of the advice.

No employer is going to want to pay for a solicitor to fight the employee's case for a better deal. It is up to the employee to decide if it is worth paying for that legal work themselves.