It is not a given that the outcome has been pre-determined, although that is still a possibility. It is not uncommon to be offered alternative resolutions rather than be taken through a full performance procedure so I am not that surprised that the employer has placed these on the table.
A settlement agreement would usually be a financial settlement where you are compensated for voluntarily leaving the company and in return you agree not to make any claims against them in the future. It can also include a reference. The amount that is offered will be negotiated between you and the employer so in the end it will have to be something which you are both happy to accept and they are happy to pay. Neither party can be forced to agree to it though so it will only happen if you both agree on the terms.
As to constructive dismissal, it is too early to say if that would be applicable. It occurs when the following two elements are present:
· Serious breach of contract by the employer; and
· An acceptance of that breach by the employee, who resigns in response to it.
If there were genuine reasons for commencing the performance procedure and they follow it correctly, then it is unlikely that constructive dismissal would be an option. However,m if this was clearly a smoke screen for something else and they are trying to push you out for no apparent reason, then yes, it is indeed a potential claim you can consider. However, remember that the likelihood is that you may end up with a settlement agreement anyway before any claim is heard in tribunal (unless you obviously refuse all offers and proceed with the claim to the end).
So if you believe that they want you out, that you no longer want to be there as a result of this and that you want a quiet exit, then a settlement agreement, if it can be negotiated, may be the best option.
I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you