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  • FIRST POST
    • UK0106
    • By UK0106 26th Sep 19, 6:27 PM
    • 90Posts
    • 189Thanks
    UK0106
    Settlement Agreement - Redundancy Dispute
    • #1
    • 26th Sep 19, 6:27 PM
    Settlement Agreement - Redundancy Dispute 26th Sep 19 at 6:27 PM
    Hi all

    I will try to keep this as factual as possible but I'm really looking for advice on what my next steps should be in the situation as I'm a complete newbie to redundancy!

    I was recently informed that my role was at risk of redundancy due to an organisational restructure. I have worked for my employer for almost 5 years. The roles at risk were mine and one other, but there is only 1 person in each role impacted, so 2 of us in total placed at risk.

    Following consultation meetings where I raised a number of issues and questions relating to the selection procedure, which I believe to have been unfair (I can provide more information on that if it's needed), none of my questions have been answered yet. I was asked to attend a meeting today at short notice and the result is that the organisation considers me to be in dispute with the company and have suggested a parting of ways via a settlement agreement.

    They have provided me with a settlement figure, broken down into the individual line items, and asked me to take 10 days to consider it and seek legal advice. They have not yet provided me with a settlement agreement so I don't actually know what I'd be agreeing to right now.

    Whilst I'm ok with considering a settlement as things stand, I don't consider the settlement amount to be acceptable. I intend to try and negotiate on that but I'm not sure whether I should be seeking the legal advice now, after negotiations are concluded and/or whether I should be asking for the agreement before I start negotiating or seeking legal advice.

    I also have a holiday booked during the "consideration" period which limits my ability to seek the legal advice within the 10 day period. Is it 10 working days or 10 calendar days? Can I ask for an extension on that? They have said that they don't expect me to attend work during the 10 day period - should I be cancelling my holidays in that case or not?

    I'm also not sure whether I should be pushing for answers to my questions in the meantime whilst this other process is ongoing.

    Any help, advice or guidance anybody can give me would be greatly appreciated. My head is all over the place right now.
Page 1
    • blue.peter
    • By blue.peter 27th Sep 19, 8:22 AM
    • 47 Posts
    • 18 Thanks
    blue.peter
    • #2
    • 27th Sep 19, 8:22 AM
    • #2
    • 27th Sep 19, 8:22 AM
    IMO, you should consult an employment lawyer ASAP.
    • UK0106
    • By UK0106 27th Sep 19, 9:02 AM
    • 90 Posts
    • 189 Thanks
    UK0106
    • #3
    • 27th Sep 19, 9:02 AM
    • #3
    • 27th Sep 19, 9:02 AM
    IMO, you should consult an employment lawyer ASAP.
    Originally posted by blue.peter
    Thank you, I thought that maybe I should but wasn't sure if that was jumping the gun a bit.
    • Undervalued
    • By Undervalued 27th Sep 19, 10:15 AM
    • 4,403 Posts
    • 3,825 Thanks
    Undervalued
    • #4
    • 27th Sep 19, 10:15 AM
    • #4
    • 27th Sep 19, 10:15 AM
    In a genuine redundancy situation there is no need for a settlement agreement. The employer can simply make you redundant by giving you your contractual notice and paying the statutory amount of redundancy.

    Are they offering you anything over and above the statutory minimum?

    If not there is noting to be gained from your point of view in signing any settlement agreement. All the employer is trying to do is protect themselves any possible unfair dismissal claim.

    Obviously if they are offering anything above statutory then the extra can be subject to you agreeing to a SA. Subject to only a few legal restrictions the terms are whatever both parties are willing to agree, as is the timescale.

    It is a legal requirement of a SA agreement that you receive independent legal advice and is is customary (although not actually obligatory) for the employer to pay a fairly minimal amount towards this.
    Last edited by Undervalued; 27-09-2019 at 11:04 AM.
    • UK0106
    • By UK0106 27th Sep 19, 10:40 AM
    • 90 Posts
    • 189 Thanks
    UK0106
    • #5
    • 27th Sep 19, 10:40 AM
    • #5
    • 27th Sep 19, 10:40 AM
    In a genuine redundancy situation there is no need for a settlement agreement. The employer can simply make you redundant by giving you your contractual notice and paying the statutory amount of redundancy.

    Are they offering you anything over and above the statutory minimum?

    If not there is noting to be gained from you point of view in signing any settlement agreement. All the employer is trying to do is protect themselves any possible unfair dismissal claim.

    Obviously if they are offering anything above statutory then the extra can be subject to you agreeing to a SA. Subject to only a few legal restrictions the terms are whatever both parties are willing to agree, as is the timescale.

    It is a legal requirement of a SA agreement that you receive independent legal advice and is is customary (although not actually obligatory) for the employer to pay a fairly minimal amount towards this.
    Originally posted by Undervalued
    Thanks for your response.

    I am aware that there is no requirement for a settlement agreement in a normal redundancy situation but as per my original post, this settlement agreement has been suggested by the organisation as an alternative to concluding the redundancy process following questions and issues I raised about the selection process they followed to identify my role as at risk.

    As per the advice poster above, I have now engaged with a solicitor who has advised me on the next steps to take.
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