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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I had my first performance related meeting last Wednesday and

Resolved Question:

I had my first performance related meeting last Wednesday and at the end of it was given a pre written letter offering a settlement package. Even though there was an option to do a plan of performance in the employee handbook none was discussed in the letter only that I had 10 days to decide with a mutual leaving given as the next working day. Is this legal?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

12 years

Ben Jones :

do you wish to consider exiting the company under this settlement?

Customer:

Yes

Ben Jones :

Any offers of a settlement will ‘on the side’ so to speak and on a without prejudice basis. It means that the employer can try and deal with the performance or any other issues, which trying to negotiate a settlement in the meantime. There is no obligation to discuss settlement at all, neither is there any obligation on either party to accept one. Also the parties can decide the terms on which this is to be offered or discussed, which means that the employer can give you a take it or leave it offer within a specific time period. Technically there is nothing stopping them from making an ultimatum to make a decision, they can even give you short notice, even a day for example. If you are unhappy with the offer or the approach you can simply reject it and the employer would then continue using any appropriate performance policy they have in place. At the same time you could either directly accept the offer or try to negotiate a better package.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones and 2 other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello Lorna, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you