What happens if I don't sign a settlement agreement?

[DDhelp]

I have been employed for 7 years at a multinational. Two years ago I complained about bullying by my manager and was moved to a temporary secondment role in a different team, initially for 12 months. The bullying wasn't investigated as far as I know and I didn't pursue it as I was out of his reach (or so I thought).

The secondment was extended by another 6 months and I was informed by my new manager in March 2021 that I was to made permanent in this temporary role. There is a letter in my HR file confirming same T&C. However, in April I was told that this decision had been reversed and as my previous role had been deleted I would be made redundant - and was given 6 months to find another role or be made redundant.

I wasn't consulted about my home role being made redundant and when I submitted a subject access request there was nothing from any of the people who would have been involved.

So now I have been offered a settlement agreement which equates to approx 12 months salary. My employer doesn't ever go to tribunal and has a history of settling claims at the last minute and I know of a couple of people who received the equivalent of 18 months salary.

I think that they owe me a larger pay out than the 12 months on offer, for not following the correct process when my role was eliminated (I wasn't informed), my bullying claims weren't investigated, and no documentation showed up about this in my subject access request. I submitted an anonymous whistle blowing case to our speak up line about the manager's behaviour. There was an HR investigation by an external consultant who tole me he couldn't do anything unless I complained officially. No one else wanted to speak up and the case found he had some questionable attitudes and behaviours but no evidence of bullying. My previous manager is trying to move me out of the organisation without anyone realising that he has pulled a fast one. I think that HR know this but don't want to look into.

Given this scenario - any advice on what happens if I don't sign the settlement agreement? could I use this to negotiate more or should I go the ACAS mediation route with the ultimate aim of improving the payout?

Any advice great fully received.

Thanks

[echat11]

ULA Can you please take a look and advise, many thanks.

[ULA]

Have you been provided with a draft settlement agreement yet?

[DDhelp]

Have you been provided with a draft settlement agreement yet?

Hi yes I have

[ULA]

What you need to do is take that Settlement Agreement (SA) to a specialist employment law adviser, as you are required to take independent legal advice before signing the document and the adviser will also need to sign it as well.

Part of their job is to ensure that the "compensation" being offered is at the correct level given the circumstances and the rights that you are giving up to bring any further claims. If they go not feel you are being offered enough "compensation" then they would have to negotiate with your employer to increase the sum being offered.

Most employment law advisers have a standard payment for providing this advice which is between £350 and £500 which is generally the rate that the employer offers to pay on your behalf for the advice. This is usually enough to cover the costs if the SA is straight forward and there is not much back and forth negotiating terms on your behalf.

You also need to have a copy of your contract of employment as any good employment law adviser will ask to see this alongside the draft SA.