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Would really appreciate some advice on the situation outlined below - I'll try to keep it as brief as possible without missing out any pertinent facts.
I've been in my current role for a short period of time. It was a newly created role when I took up post, and I am responsible for managing a central team who each provide support to one of four regions within the business.
It's become clear that the arrangement isn't working, and as a result my role is being made redundant, and the members of my team will each be reporting directly into their region's chain of command. I've got absolutely no issue or argument with the role being redundant - it just is.
I was advised last Friday (20th) that my role was at risk of redundancy. I was offered the option to take a voluntary redundancy that would include an ex-gratia payment of one month's gross salary and one month's PILON, and an agreement that I would work up until the end of April to ensure a smooth transition and handover. I was asked not to discuss the situation with my team or other colleagues until a final decision had been reached.
I did a bit of research over the weekend to see how accepting a voluntary redundancy might affect any consultation period and attempts to try to prevent my needing to leave the business altogether, and initial results seemed to suggest that, even if voluntary redundancy was offered, the same efforts to find alternatives should still be considered.
With that understanding, I advised my employer yesterday (Monday 24 March) that I'd be happy to accept the voluntary redundancy on the basis of the terms presented to me, and on the understanding that alternatives to redundancy would still be explored.
About an hour later I got a call from HR out of the blue, saying that there had been a change of plan and my last day would now be the following day (i.e. today, Tuesday 24th April) subject to me signing and returning the agreement immediately. My PILON and ex gratia payment would be paid in March's payroll, and there would be no detriment to me. I pointed out that, in fact, there would be detriment because I'd lose the months wages I had been expecting to earn before leaving on 24th April, and effectively having one month less to secure alternative employment. I also queried another role within the organisation currently being advertised that I might be suited for, and was told that there would be no consultation period due to this being a voluntary redundancy.
After some to-ing and fro-in they came back to me and said that they were willing to stick with the initial agreement that I would work until 24th April, after which I'd receive my PILON and ex-gratia payment as previously advised. [I'm pretty sure that what happened here is that they always intended today to be my last day but made a typo in the document they sent out which they then felt obligated to honour]. I said that I'd be happy to proceed on that basis, and they said they'd send over a document for me to sign confirming the arrangement.
I was then sent what looked very much to me like a settlement agreement, but without any reference to independent legal advice needing to be obtained. I was asked to sign and return it by the follow day (i.e. today). I queried this, and was told that it might look like a settlement agreement from the wording, but that it isn't a settlement agreement, merely a document setting out the terms upon which my employment is ending (by way of voluntary redundancy), the payment I would receive, and my obligations around confidentiality etc. As such, they said, no legal advice was required for the agreement to be valid, and neither did they have any obligation to allow me reasonable time to consider the content in line with ACAS guidance. I was advised that I could, of course, seek my own legal advice on the document should I so wish. I was again told not to discuss the situation with any of my colleagues.
This morning I was invited to another call to discuss 'next steps'. I was advised that following further consideration (eg in relation to the mistake I'm pretty sure that they made with the dates) that I would be expected to work only until the end of this week, after which I'd be put on gardening leave until 24th April. I said that that was fine (and had been anticipating it).
With regard to when and how I should tell my team and other colleagues, I was advised that in accepting the enhanced settlement I would not be permitted to tell anyone within the organisation that my role had been made redundant, and instead I should tell them that I had resigned. They also said that that is the message they will be sending out to colleagues. They said that they would be sending me a revised 'not-a-settlement-agreement' to review and sign.
I asked why the decision had been taken that it would be communicated within the organisation that I had resigned and why that was what I was required to tell people. I was told that because colleagues could become worried or anxious if they heard about a redundancy they did not want to worry anyone unduly.
I said that I wasn't happy with this, as the clear inference from someone 'resigning' from a job without another role to go to (particularly as I had secured this job off the back of an 18 month really tough period out of work that anyone I'm connected with on LinkedIn would be aware of) was that it had been offered as an alternative to a dismissal on capability or disciplinary grounds, or to manage me out of the organisation for some other reason.
Later in the day I was advised that, that I didn't need to tell people I'd resigned if I didn't want to, but neither could I tell them that my role had been made redundant (not sure what options that leaves me with!). They said that they would manage their internal communications as they saw fit (presumably by saying I'd resigned, as they had previously indicated). I pointed out that a lot of colleagues within the organisation are in my professional network and that this could be potentially damaging to my reputation.
I raised that, in light of the further developments today, surely the agreement they are asking me to sign must now be considered a settlement agreement, but they maintained it isn't, and that I need to sign and return it by Thursday 26th otherwise they will revert to the compulsory redundancy process, under which I'd obviously just receive my one month's PILON.
I've made an appointment for a free initial consultation with a solicitor specialising in settlement agreements for tomorrow morning, and have told my employer I will update them afterwards.
Would appreciate any input or advice around the situation.
I'm really not comfortable with signing up to something where I have to lie about why I am leaving just to appease my employers, and I'm not sure my integrity or potential damage to my professional reputation as a result of the inevitable 'whispers' that will follow are worth the extra few ££ I'd receive vs following the compulsory redundancy route.
Sorry that was longer than I thought it was going to be - thanks if you've read this far!
I've been in my current role for a short period of time. It was a newly created role when I took up post, and I am responsible for managing a central team who each provide support to one of four regions within the business.
It's become clear that the arrangement isn't working, and as a result my role is being made redundant, and the members of my team will each be reporting directly into their region's chain of command. I've got absolutely no issue or argument with the role being redundant - it just is.
I was advised last Friday (20th) that my role was at risk of redundancy. I was offered the option to take a voluntary redundancy that would include an ex-gratia payment of one month's gross salary and one month's PILON, and an agreement that I would work up until the end of April to ensure a smooth transition and handover. I was asked not to discuss the situation with my team or other colleagues until a final decision had been reached.
I did a bit of research over the weekend to see how accepting a voluntary redundancy might affect any consultation period and attempts to try to prevent my needing to leave the business altogether, and initial results seemed to suggest that, even if voluntary redundancy was offered, the same efforts to find alternatives should still be considered.
With that understanding, I advised my employer yesterday (Monday 24 March) that I'd be happy to accept the voluntary redundancy on the basis of the terms presented to me, and on the understanding that alternatives to redundancy would still be explored.
About an hour later I got a call from HR out of the blue, saying that there had been a change of plan and my last day would now be the following day (i.e. today, Tuesday 24th April) subject to me signing and returning the agreement immediately. My PILON and ex gratia payment would be paid in March's payroll, and there would be no detriment to me. I pointed out that, in fact, there would be detriment because I'd lose the months wages I had been expecting to earn before leaving on 24th April, and effectively having one month less to secure alternative employment. I also queried another role within the organisation currently being advertised that I might be suited for, and was told that there would be no consultation period due to this being a voluntary redundancy.
After some to-ing and fro-in they came back to me and said that they were willing to stick with the initial agreement that I would work until 24th April, after which I'd receive my PILON and ex-gratia payment as previously advised. [I'm pretty sure that what happened here is that they always intended today to be my last day but made a typo in the document they sent out which they then felt obligated to honour]. I said that I'd be happy to proceed on that basis, and they said they'd send over a document for me to sign confirming the arrangement.
I was then sent what looked very much to me like a settlement agreement, but without any reference to independent legal advice needing to be obtained. I was asked to sign and return it by the follow day (i.e. today). I queried this, and was told that it might look like a settlement agreement from the wording, but that it isn't a settlement agreement, merely a document setting out the terms upon which my employment is ending (by way of voluntary redundancy), the payment I would receive, and my obligations around confidentiality etc. As such, they said, no legal advice was required for the agreement to be valid, and neither did they have any obligation to allow me reasonable time to consider the content in line with ACAS guidance. I was advised that I could, of course, seek my own legal advice on the document should I so wish. I was again told not to discuss the situation with any of my colleagues.
This morning I was invited to another call to discuss 'next steps'. I was advised that following further consideration (eg in relation to the mistake I'm pretty sure that they made with the dates) that I would be expected to work only until the end of this week, after which I'd be put on gardening leave until 24th April. I said that that was fine (and had been anticipating it).
With regard to when and how I should tell my team and other colleagues, I was advised that in accepting the enhanced settlement I would not be permitted to tell anyone within the organisation that my role had been made redundant, and instead I should tell them that I had resigned. They also said that that is the message they will be sending out to colleagues. They said that they would be sending me a revised 'not-a-settlement-agreement' to review and sign.
I asked why the decision had been taken that it would be communicated within the organisation that I had resigned and why that was what I was required to tell people. I was told that because colleagues could become worried or anxious if they heard about a redundancy they did not want to worry anyone unduly.
I said that I wasn't happy with this, as the clear inference from someone 'resigning' from a job without another role to go to (particularly as I had secured this job off the back of an 18 month really tough period out of work that anyone I'm connected with on LinkedIn would be aware of) was that it had been offered as an alternative to a dismissal on capability or disciplinary grounds, or to manage me out of the organisation for some other reason.
Later in the day I was advised that, that I didn't need to tell people I'd resigned if I didn't want to, but neither could I tell them that my role had been made redundant (not sure what options that leaves me with!). They said that they would manage their internal communications as they saw fit (presumably by saying I'd resigned, as they had previously indicated). I pointed out that a lot of colleagues within the organisation are in my professional network and that this could be potentially damaging to my reputation.
I raised that, in light of the further developments today, surely the agreement they are asking me to sign must now be considered a settlement agreement, but they maintained it isn't, and that I need to sign and return it by Thursday 26th otherwise they will revert to the compulsory redundancy process, under which I'd obviously just receive my one month's PILON.
I've made an appointment for a free initial consultation with a solicitor specialising in settlement agreements for tomorrow morning, and have told my employer I will update them afterwards.
Would appreciate any input or advice around the situation.
I'm really not comfortable with signing up to something where I have to lie about why I am leaving just to appease my employers, and I'm not sure my integrity or potential damage to my professional reputation as a result of the inevitable 'whispers' that will follow are worth the extra few ££ I'd receive vs following the compulsory redundancy route.
Sorry that was longer than I thought it was going to be - thanks if you've read this far!
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