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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50191
Experience:  Qualified Employment Solicitor
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I have been told from my company I have two options - 1.

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I have been told from my company I have two options - 1. Leave my current position and take a demotion (move down two positions) but maintain my salary - This is not a viable option for me as from a CV / Career perspective it is not acceptable. 2. consider a settlement agreement.
I have never been performance managed or received a disciplinary but my boss has said I either take one of the above options or they will get HR involved and basically start to manage me out of the business (exact words were "get HR involved and start looking for mistakes and put forward shortfalls in your performance that demonstrates why my current job cannot be continued). I am currently in shock as I was employee of the year in 2015 and have always been on strong terms with my boss and the company.
They asked me to provide what settlement I thought was fair - I said a redundancy payment / 6 months notice / good reference / holiday paid in full - they have said I must work my two month notice period and then they will offer me 3 months salary only .... I just don't think this is all fair or the correct way of doing things - I will go back and try to state why I should get 6 months salary due to my commitment / never being performance managed / track record with the company but ...and sorry for the delay here is my question - As the above has happened with no disciplinary actions ever on my record - and my previous good standing with the business, if they do not agree to the negotiated 6 month salary request - What are my options - do I have to get there final offer in writing? I have told the company whilst this is on-going I will continue to give 100% but if they do not agree to my request (which I think is fair I have a two month notice period and have worked at the company 3.5years), They have said I will be performance managed? Just a bit concerned of next steps

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
Hi Ben - You gave me some great advice last time thank you - as you can see by my response/new question - they have not met my expectations and now I have concerns

Hi there. What reason exactly has the employer given for presenting you with these options?

Customer: replied 1 year ago.
The exact reason is I have said recently I was not happy in role and was finding the hours hard as they were very excessive - He set up a meeting two weeks later saying - he said my skills are better suited to the lower role and that he doesn't feel I am correct for the position I'm in. but that's all
Customer: replied 1 year ago.
I have found the position challenging - but I have always given 100% and have never been performance managed or anything so it is a bit of a shock.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Thanks for your patience. If you do not agree with their final offer then you do not have to accept it and there is nothing that says you must get that in writing. Whatever you choose to accept will be documented formally in any settlement agreement but if you fail to agree an amicable resolution then you just continue rejecting it until they stop making more offers – nothing has to be done in writing.

In terms of what happens next then the ball is mainly in the employer’s court, unless you decide to resign and claim constructive dismissal. So if they decide to go down the performance management route and pursue it to its full completion, eventually you will be dismissed, in which case you will then have a potential unfair dismissal claim which you can take further. So it is a question of either resigning and claiming constructive dismissal or letting them dismiss and then claiming unfair dismissal.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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