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