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MatthewM1117
MatthewM1117, Advocate
Category: Employment Law
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My company has let me know yesterday they want to terminate

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My company has let me know yesterday they want to terminate me (early termination) without a performance improvement plan nor previous warning. They are forcing me to make a decision by Monday 10am to take their package or they are threatening legal action
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: I am a foreigener (Mexican) male. Have worked for this company though for 6 years and never received any negative feedback on massive disciplinary wrongdoing.
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: I am in sales, and indeed I have not been able to meet my sales targets in the last 6 years. private sector
JA: Where are you located? Workplace termination laws vary by location.
Customer: Leeds
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am a Mexican citizen, but do have since 3 months ago received my indefinite leave to remain.
Good morning thank you for contacting Just Answer my name is***** am a practising solicitor with several years experience and I will be assisting you today. Please note that this is a Q and A platform and no lawyer client relationship is created. I am sorry to hear about your circumstances, has the company offered you a settlement agreement?
Customer: replied 16 days ago.
Good morning Matthew. Thank you for your prompt response. The company offered a verbal settlement agreement that has not been sent to me in writing. They effectively took away all of my work tools (mobile phone, laptop, office key and alarm fob) and have given me a deadline of Monday 10am to either accept the package, counter offer, or the offer expires and they start a disciplinary hearing
Thank you for the clarification, I would advise that you firstly request a copy of the written settlement agreement so that you can review the terms.

You should also refer the company to the ACAS Code Of Practice which states that when an employee is given a settlement agreement they should be given a reasonable period of time to consider the terms of the settlement agreement which is 10 days.


Customer: replied 16 days ago.
Ok will do. What do I need to look out for in the settlement agreement? At the moment they only offered a fixed tax free amount which is about 1 month's net salary, 6 weeks in lieu of 6 years service and my remaining holiday days. Is this correct? Am I entitled to something else?
The terms of the settlement agreement as with any contract the terms are negotiable. The strength of your ability to negotiate is dependent on several factors, from the information already provided this does appear to be a low offer.
Customer: replied 16 days ago.
What would be a typical range to negotiate on these items? Am I entitled to ask that since I was terminated early and in my employment contract termination should've been done with a month's notice that I deserve a severance package?
Customer: replied 16 days ago.
Can I claim money for upskilling and lost salary whilst I find a new job (I have permanent residence but don't know if I'm entitled to public funds and unemployment support
There is no a no typical range, each settlement agreement terms would be agreed down to an individual’s situation. You should definitely propose compensation for lost salary as this is a fundamental part of any settlement.
Customer: replied 16 days ago.
Are a months pay for each year of service plus lost salary plus upskilling plus a month for not delivering a months notice plus full legal costs plus waiving cost of the permanent residency visa what I can request as a severance package? Is there anything else that I can look at?
This would appear to be a reasonable package, however I cannot assure you that the company will agree to this package.
Customer: replied 16 days ago.
I appreciate that. Is there anything else that other people in this situation look at? Would requesting sick leave help me in any way?
No going on sick leave will not assist, the only other thing people request is if there is a company bonus scheme a percentage of this.
Customer: replied 16 days ago.
If my employer is threatening gross misconduct because I fell asleep in a meeting how can I deal with this?
Is this as an alternative to the settlement agreement?
Customer: replied 16 days ago.
they argue that their settlement offer expires on Monday at 10am if no decision is made and that they would start gross misconduct proceedings

This would appear to be conduct issues and the company could go down the disciplinary route for this.

Customer: replied 16 days ago.
what would happen in such a scenario? Does the company have a merit to gross misconduct because of me falling asleep in a meeting?

The company should go down the disciplinary route, and it depends on the facts of the matter whether dismissal is within the range of reasonable responses.

Customer: replied 16 days ago.
Ok. So what could be a suggested course of action? On Monday I state the Acas code to 10 days to find adequate legal assistance and to ask for both the Settlement agreement and the reasons and proof of miscondict in writing then find a lawyer? It they ask for a disciplinary hearing after this should I agree to it or what could be other courses of action?
I would request that you are given the 10 days to consider the agreement as per the ACAS Code of Practice. I think it is unlikely that they will then go down the disciplinary route, however if they insist you should attend the meeting.
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