Yes, but it depends on the circumstances. In our experience, small employers tend to be more cavalier in indicating references, and may do so, provided the employee leaves a transaction contract and is not faced with an ET right. In general, the employer plays a game of “carrot and stick” and offers a sum of money to leave, along with the threat of finding a reason to dismiss them if they do not accept it – dismissal or poor performance, or one of the other ways in which an employer can unfairly dismiss. Before starting a formal disciplinary procedure, your employer should ideally address performance issues informally, and these initial discussions would generally not be included in your disciplinary protocol. It depends on your employer`s usual processes, the angle they take. At Lighter HR, we`ll be happy to help you with any settlement agreements, so if you`re about to have such a conversation with a collaborator, call us quickly on 0203 319 1649 and we`ll be happy to make sure you pass as smoothly as possible. From time to time, we talk about an employment law case in Birmingham, which we recently dealt with. Our other stories are here. This is the story of Lisa who was invited to leave after 23 years (with a transaction contract that earned her $25,000). We showed that Lisa was willing to be too hard and gave the employer a detailed analysis of why the accusations of poor performance were unfair, as well as an assessment where he left it legal. We had a very hot fight with the employer, which took several weeks, but increased the offer by 1500 $US and cost $1,200 at the end of our fees. However, it is not enough to mark something “without prejudice” to ensure that the rule applies.
Correspondence or discussion must be a genuine attempt to resolve an existing dispute in order to be able to enjoy “no prejudice” protection, so that it does not apply in the absence of obvious disputes between the parties, for example. B when settlement negotiations are due to poor worker performance. This is a very tactical situation that, to the extent possible, should not be accepted without you being aware of all your rights, including the nature of the regulations. For this reason, it is generally much better to have legal representation when negotiating severance pay, so that you do not say or do the wrong thing, which could jeopardize a negotiated solution. We have successfully negotiated thousands of comparisons in which employees have been put on a PIP. If a disciplinary procedure is decided, you should inform in writing the nature of the poor performance and its possible consequences (for example. B a formal notice). You should also provide all appropriate evidence as well as details of the date and location of the disciplinary meeting. They should also have the right to be accompanied at the meeting by a co-worker, union representative or union employee. The right to accompaniment should be granted where the disciplinary meeting could give rise to a formal warning or other disciplinary action.
Not all comparison cases are such, but in many cases an improved offer can be negotiated.