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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hi, I'm going through a difficult process at the moment at

Resolved Question:

Hi, I'm going through a difficult process at the moment at work.
In brief:
I relocated with my current company back in 2012 as I was promoted from Programme manager to Contract Manager/Supply Chain Manager
In January 2014 I was asked to take on additional responsibility as another manager had left under bad circumstances and they had no one else to cover
I accepted this on a 6 month probationary basis which was not reviewed in June as it should have been
This involved taking on the management of 2 centres and the staff within them in addition to my supply chain management
From August 2014 there have been issues which meant financial budget was not achieved mainly because the delivery model the financial model was built around no longer exists
In September this year concerns were flagged around budget not being achieved and in amongst this I had a 4 members off staff off with work related stress issues along with multiple other staffing issues
Performance was impacted further
Operational support was provided at the beginning of October but this was clearly a bit of a witch hunt focused on me - I welcomed the support as I had nothing to hide (very naive on reflection)
In this period I was suffering with work related stress, weight loss, hair loss and severe anxiety which increased and I flagged to my manager
This was a turning point and I requested a meeting with my manager and asked to be pulled away from operations back to my original job of Contract Manager
They said they would consider this but that they now couldn't afford 2 manager salaries across the two contracts
We have a further conversation following on from this and I requested an exit package as I felt that I have reached the end of the road with the company.
They said they would consider this
They have now made an offer to me but have flipped it at the 11th hour saying it's a 'without prejudice' conversation and if not accepted then they will take me down the performance route and the outcome would not be good.
Legally I could really do with some advice on where I stand
I've been with the company for 5 years and they have only offered me 1month tax free plus o/s holidays which admittedly is a bitter pill to follow but I'm not confident the correct process has been followed and wonder if I could legally challenge this at all??
Many thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

Were you offered any support in your role when you raised concerns with management about the effect of the work on you and your team?

Customer: Yes I was given support but the support was very poor and just really ticked a box
taratill :

It is my opinion that the amount you are being offered is too low. It would take at least 6 months for the employer to effect a fair performance procedure which could result in dismissal and if there has been inadequate support then any subsequent dismissal may well be unfair in any event.

taratill :

If you are being offered a settlement it will contain a legal advice clause. It is possibly worth taking the agreement and seeking the advice from the solicitor (at the employers expense) and trying to negotiate an increase sum of money.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer: Hi, here is a copy of what has been sent sent to me:
Customer: Please note that this e-mail is sent in confidence, without prejudice. I am writing further to your request to receive in writing, a full statement of your entitlements and when this would take effect from. You have accepted the below offer:Ex gratia – 1 month = £3,500 (non-taxable)Holidays – 9 days = £1,453.85Total - £4,953.85 In terms of leave date, we agreed over the telephone today that it would be 5 December 2014. You would therefore be paid as normal in your November pay and, in your final pay on 22 December 2014 you would receive the above amount, and salary up to 5 December 2014. If you have any further questions, please do not hesitate to contact me. Many thanks
taratill :

That says you have accepted the offer, is this the case?

Customer: I didn't accept it on Tuesday when we met and asked for them to re assess
Customer: I then received a call and said that it didn't look like I'd been given an option?
taratill :

Ok well if they pay you this without a settlement agreement then you have the right to still bring an unfair dismissal claim. It is likely that they will ask you to enter a settlement agreement to avoid this possibility. If you have not accepted the offer then you should reply to say that you did not accept you said you felt that you had not choice which is quite different. If litigation ensues then it will provide evidence of what was agreed.

taratill :

I would suggest you say you are not happy with the amount on offer. You should ask for 6 months but be prepared to settle for 3.

Customer: Ok thank you. I will respond to that effect.
taratill :

All the best with it. Do not bow down on a months notice. It is really inadequate to compensate you in these circumstance. If they wont agree it may be worth seeing a solicitor and asking them to send your employer a letter to explain why you are entitled to more.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer: Thank you! I really appreciate your advice as I've been feeling really lost with it all.
taratill :

No problem, do come back to me in the future if you need to.

Customer: I will thank you!
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