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Thread: settlement agreement/redundancy

  1. #1
    d24
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    settlement agreement/redundancy

    hi all.
    i will get professional HR guidance but I wanted to run by my situation and see if anyone has any insights, because I'm not sure I'm asking the right questions/thinking of everything in this extremely stressful emotional time.

    I live in the UK, so the first thing I should say is that (as far as I can gather) unless you have been employed for 2yrs, I am not 'protected' by unfair dismissal claims or redundancy laws? It's 1yr 10months, so I don't thnik I'm covered?

    I was told verbally that my position was being made redundant on 5/Jan. The long and short of it is that this is not true. They very much need someone in my position.
    In fact, June last year, the owner of the business employed his brother (who does exactly what I do) and marginalised me and my role to a point where I was essentially doing admin while his brother got to do the 'important' / 'value added' / 'fun' jobs.

    The worst thing is that they also do not seem to know what I do, and have asked me to stay on for 20 days to show his brother what I do (which is extremely difficult, it takes an immense amount of effort not to throttle him daily), and how I do it, in return I will get an additional 2 months equiv. pay (tax free, as a settlement agreement) and 2 days untaken holiday.

    For reference we are paid 10.8 workable days (i.e. any day M-F) in advance, 10.8 working days in arrears. Our pay date is 19th/Jan, so my '1 month notice' (which is implied, not contractual) takes me to 5/Feb.... so I think my final pay should be +3 days? They say that of these remaining working days (22) I only needto work 20, but if I handover before 20 days I can leave 'early'

    I can go into more details if anyone has anything specific to ask, but have I missed anything that I should be asking or consdiering right off the bat? I'm in such a spin that I don't know what I should be doing? Asking? Saying?
    e.g.
    Should I be asking for anything specific?

    thank you

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    gebaird
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    I'd talk with an solicitor to see if you've got a case, but for now it sounds like you're just going to have to show up each day and train. Can you start looking for a new job? The 2 months pay will give you more time to find another position.

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