Advice needed on compromise agreement / dismissal

[spacemonkey]

Can anyone advise me on the best course of action with my situation

I am a senior manager at my company and have worked there for 3 years.
I was promoted to a new role a year ago and have had my ups and downs managing my new team which I have found difficult as it was my first management role. This has been exacerbate by two particularly challenging a difficult team members.

My boss now says that he does not see my future as being with the company, as my man management skills are not a good fit with the company. Its not the "what" im doing wrong, but the "how" apparently.

I have not had any disciplinary or performance management issues brought against me and am achieved success in all other areas of my role.

They are asking me to basically look for a new job with their support. They are not firing me ...their words are "they do not see a future for me within the company due to my lack of skill at managing people"

I feel totally knocked sideways by this and dont even feel I can go to work there now.

What should I do

They are suggesting a meeting with HR director "discuss options" on Monday.

They have verbally without prejudice said on the phone that I could consider staying with them and finding a new job, or agreeing an exit package/compromise agreement as two options.

My concerns if I decide to stay, my confidence is at such a low ebb now I think this may lead to making mistakes/underperforming and they will intigate performance management. I do feel that at the moment I cant even face going in. Boss has made it very clear in his words "you wont change you have had long enough and its irretrievable"

I have been a top performing employee till now, and still achieving all the company set KPIs for my team, have had good appraisals, obviously or they wouldnt have promoted me.

Should I go for compromise agreement? I do not wish to fall out with them, just look after my interests especially financially.

What should I expect financially from an agreement - my role is quite specialised It may take me 6 months to find a new job.

If anyone could offer advice that would be great. I am not sure what to say/not say tomorrow at the meeting.

[teaboy2]

Re: Advice needed on compromise agreement / dismissal

Never Sign a Compromise agreement FULL STOP.

They are hypocrites as they clearly thought you had the skills originally otherwise they would not have promoted you. Dig your heels in, and make it clear to them, that you are not going any where, and you are more than aware of your employment rights and have though advice on this issue. If they choose to continue down this path, then they may find themselves in breach of contract, and/or commiting an act of constructive dismissal. Keep a copy of all letters from them and document, dated diary style, all incidents where you have been approached by the company regading this issue.

They simply can not force you out like this, its unlawful in terms of employment law.

Did you receive a written contract? was a new one issued when you were promoted? if not, then thay are already in breach of the employment rights act 1996.

[spacemonkey]

Re: Advice needed on compromise agreement / dismissal

I dont really want to fall out with them though. Or frankly, work for them any longer knowing what I know. I work in a small industry and people talk all the time.
If they offer me a reasonable amount I will be happy to walk away and make a clean break.
They cant force me out but by saying what has been said to me , I am no longer able to return as I feel undermined and all trust and confidence has been destroyed.

[Celestine]

Re: Advice needed on compromise agreement / dismissal

Personally, I'd go with their compromise agreement. I'm not saying that from a 'Legal' perspective, I'm coming more from a common sense and pragmatic point of view.

There can be many factors that turn a working situation sour. Personality clashes, politics, morale etc etc.

You are clearly in a situation where they recognise that they can't dismiss you just for not having the 'required' man management skills. So they are offering you a supported pathway to a perhaps, more suited job elsewhere.

Do you feel that your 'management failings' have come from your dealings with these two awkward staff? Or do you genuinely feel that you could struggle with certain situations. I do sympathise, I recently left a management job that I had loved because I was faced with making 10% of my 60 strong team redundant. I was absolutely incapable of dealing with this and so I effectively recognising that this was my own 'management weakness'!

No doubt now, you would be happier elsewhere. If they're going to support you through that with say, good references, time off for interviews etc, then I personally would follow that route and find career happiness in a new role.

Best of Luck x

[spacemonkey]

Re: Advice needed on compromise agreement / dismissal

and yes, I have a contract, it was reissued when I was promoted

[Celestine]

Re: Advice needed on compromise agreement / dismissal

LOL @ Teaboy and Me offering TOTALLY conflicting advice!! Sorry xx

[spacemonkey]

Re: Advice needed on compromise agreement / dismissal

Thanks Celestine. My biggest dilemma is whether to try to return and look for a job or take what will likely be a good financial package and move on.

The issues are mainly around the two difficult staff, I havent dealt with them well, this has caused questions over my management. I havent had a lot of support in this, and I feel that had I had an easier start in my new role Id be in a different place. My boss doesnt really agree and says "people dont trust me" and i dont "project myself well"

Frankly, I have known he has been asking my direct reports for feedback on me and this has led to me losing confidence and pussyfooting around situations and not speaking up in meetings. He is now saying that I dont support the team, but this is as I am too frightened to say something wrong/unpopular that i have withdrawn into myself a bit.

Deep down I feel my talents lie elsewhere, I have a very senior role and have been very sucessful (and still am in the technical aspect of my role) so its time to move on.

Id rather not go back to work, feeling too stressed/uncofident and underminded so am going to see what they suggest tomorrow

[Celestine]

Re: Advice needed on compromise agreement / dismissal

Ahhh that's the dilemma! People who are excellent at the technical aspects of their role, inevitably get promoted to man management and are expected to have the 'whole package' magically! Without support and training, this can be incredibly difficult to achieve.
I was a 'non technical', managing mainly highly qualified mechanical engineers. It worked really well until I was asked to lose so many of them. I felt undermined and as if I was about to betray everything I had said and done over 4 years.
So they're offering you a decent severance package to leave immediately?

[teaboy2]

Re: Advice needed on compromise agreement / dismissal

Well whichever way you decide to go, what the company has done does amount to construtive dismissal, hence why they have offered a compromise agreement. The agreement is purely to cover their own backs and is disguised as a good offer in the hope you accept it. Once you accept it thats it, you lose your right to take them to tribunal. So its upto you, you will likely get a better pay off via the tribunal then the compromise agreement and i suspect the company will not wish to go to tribunal, so you could use the threat of taking tribunal action, in order to get them to pay out more. The whole point of the compromise agreement is to prevent you from taking tribunal action!

[spacemonkey]

Re: Advice needed on compromise agreement / dismissal

they havent offered anything at the moment but HR manager on the phone said that a compromise agreement would be an option, or return to work and look for another job in the meantime

[teaboy2]

Re: Advice needed on compromise agreement / dismissal

Right best thing to do is to carry on going to work, if you don't then you they win and you don't get a penny, unless you claim constructive dismissal and take it to tribunal. So wait see what they offer you, then hit back with a damand for more making it clear you know what their forcing you out amounts to constructive dismissal and you would be within your rights to take the matter to tribunal. If they do not offer you anything and allow you to stay in work whilst looking for a new job, then do not sign any agreement with them allowing you to look for new work whilst remaining with them, that way you will not be obligated to look for work, whilst they will still have to honour your employment contract as if none of this had happened. If do not, then its constructive dismissal claim time. Chances are they will not want to go to tribunal and will make you an offer to settle your claim prior to tribunal.

So basically stick it out, or get your doctor to sign you off for a couple of weeks (explain to the doctor whats happened too so its on record then), and wait and see what they do next.

Bear in mind that if they offer you a compromise agreement they are also obliged to inform you of your right to have a solicitor present and/or to advise you on the agreement prior to you signing it. Just them having their solicitor there does not mean you must sign it without your own independant legal advisor advising you. If they solicitor says otherwise, simply say, "Yes, well, as your pay cheque comes from the company than it obivous that you would say that since its in yours and the company's interest. Though i doubt the solicitors regulation authority (SRA) would agree with you".

[spacemonkey]

Re: Advice needed on compromise agreement / dismissal

I am not going back till after the meeting has taken place and I have had a discussion about the way forward. I have taken a few days off which my boss is fine with. He says its understandable under the circumstances

Then will see what they say and take it from there. They are being very amicable at the moment and I am quite happy to keep it this way for the moment.

Ive taken legal advice and have been advised to say little until they have made their position clear at the meeting. Then move on from there.

Does this seem sensible advice, it seems so to me.

[Celestine]

Re: Advice needed on compromise agreement / dismissal

Yup very sensible.....we are great fans of the old principle....give em enough rope........ x

[SpringerSpaniel]

Re: Advice needed on compromise agreement / dismissal

It sounds like the issues are going to be the terms and conditions on which you go. It cna be difficult to get more than 6 months pay form an employment tribunal. However if you take them to Tribunal (which you woudl be entitiled to), this will be expensive for them in terms of both direct and indirect costs. Howevere it will be a hassle and stressful for you as well, and may make it harder to move on.

It may make sense to come to an agreement if the terms are good enough. You should identify the minium amount you are willing to accept in ££££ eg this might be 6 months' gross pay, but yo should also consider any other terms which are important eg agreed reference. Try to take someone with you to any impiortant meetings, and ask for time to think about any offer put forward + the opportrunity to take independent legal advice - without which a compromise agreement isn't valid.

[spacemonkey]

Re: Advice needed on compromise agreement / dismissal

thanks SpringerSpaniel

They have said they will give a reference as part of any agreement.