Many Thanks for your reply, I will ask them today what they plan to do if I do not accept. I do have more questions though !
First of all, they continue to include the words 'Without Prejudice and subject to contract' in all written communication, even changing the subject line of my email when they respond to it. I understand this is so the details cannot be shown if this goes to a tribunal, is this correct ? Should I infact include this in my correspondence ?
The details of my settlement agreement are as follows:
- 3 months salary in lieu of notice (approx £23K before tax)
- A tax free lump sum of £25K
- 9/12 of my annual bonus entitlement, approx £13.5K before tax
- My company car must be returned by 26th October.
- Outstanding holiday will be fully paid.
I guess its not a bad offer, although I would not accept this for the following reasons.
- This works out to around 8 months money maintaining current standard of living, clearly we would make some changes. 8 months sounds like a lot but as I am now only about to start my search for a new role, I am certain I would be very lucky to find something similar in that period, its October now and Dec/Jan can almost certainly be written off.
- I am concerned as to how I would communicate why I left my previous company, a settlement agreement raises all sorts of questions like "Is he a trouble maker ?" Would you think they would be open to calling it redundancy or allowing me to go on gardening leave for 6 months ?
- I will really struggle without my car to attend interviews e.t.c, Do you think they would allow me to keep it longer ?
- I really think as a minimum I should be asking for 12 months salary plus bonus e.t.c. Is this unrealistic in your opinion?
I'll give you an example of one of the things my boss has done which has really started all the problems..
In February this year I was driving a hire car on a Motorway in Italy with my boss and one of my direct reports. My boss proceeded to dismantle the interior of the car, removing as much plastic as he could, he threw a piece at the other passenger and then folded in the exterior mirror so I could not see traffic on the right side of the vehicle, I actually have it on video. I told him I would not be putting the car back together, his answer was "I don't care, the car isn't in my name" he eventually did put everything back in place when we arrived at the rental car return facility. A few days later I sent him an email saying I found his behaviour very disturbing and unsettling. His eventual reply was "Thanks for the candid feedback, I will take time today to reflect on my behaviours, I have some initial thoughts on what was behind but I don't want to shoot from the hip" he then sent a further email saying "Having reflected on my behaviours during last weeks journey to the airport I am confident I have identified the trigger and on that basis I will avoid the same trigger in the future with a change to my routine. I apologise for my actions". I found this response totally unacceptable and raised it to the HR director who questioned if my boss was close to a breakdown. Then in March I had my 2014 YE review with my boss and he gave me a way over the top pay rise of 11.65%, full bonus and equity shares in the company which were not due until 2016, he was shaking as he gave me it and I felt it was money to silence me, I also raised this to HR.
This is just one of many examples, a word here or a remark or email there, which I have documented, I have confided in HR and tried to have them mediate to get myself and my boss around the table to sort the problems out, I have worked with my boss for 17 years (14 in my pervious company), he was the one that recruited me to my current company.
I do feel they simply want me to go quietly and want to avoid a review of all the events, my concern is I will not get a fair hearing, it is him that needs to be disciplined for his behaviours but I don't know who to trust in the company now.