Before i start, this may be be hard to explain but i will do my best.

The person involved has as far as i am aware been doing an excellent job and has met and gone above expectations. Essentially they have been a model employee. However there has been an under current of the manager not taking a fancy to this person and very nearly terminated the person at probation on the grounds of a “personality clash”. No evidence or clash of personalities has ever happened and within a few days of the probation meeting the manager agreed and probation was passed. Strange and surprising event which raised a little red flag for the future for this person. Anyway a few months further down the line and to current time and its all blown up again.
The person has been on holiday and even joined work meetings whilst on holiday abroad (as said, model employee). Returned to work this week and was pulled in to an office with their manager and corporate HR person in attendance. Was told this meeting is off the record and informal and should not be recorded by either party. They were told that her employment would be terminated on the grounds that she doesnt hold the core values of the company (nothing has ever been said or written or mentioned about this ever) and that she is divisive. The person can accept this and get 3 months pay (notice period) and holiday entitlement paid or they can go down a formal route whereby they are unlikely to get anything and they will inform the governing body. They have given them 10 days to make there mind up and told that this cant be discussed with anybody else in the organisation or it voids the offer. HR also told them to go speak to a solicitor if they wanted to. EDIT: in the meeting the managereven said its nothing to do with the work you have done!

Now what the heck is that all about and is that legal? Clearly there is some ulterior motive going on and they want the person out of there but is that a legal way to do it? Without costing big money, what should the next course of action be. Find a solicitor, CAB or other organisation? This is just utter madness and i just cant get my head around it, it feels like the stuff you see in movies.

Are they still in the 2 years probation period where they can be dismissed for any reason? if so, probably take the money.

If not, perhaps speak to the union rep to get them onside for advice?

Either way, I’d be updating my CV and looking to get a new job.

Sounds a shitty situation

The person has been on holiday and even joined work meetings whilst on holiday abroad (as said, model employee).

i don’t know about the rest, but you can do one if this is considered a model employee…

and is that legal?

If they’ve been there less than 2 years and it’s not due to any protected attributes, yes.

Did they have a work visa whilst abroad?

They have only been there 10 months and probation period was 6 months. There is no union rep to speak of which was my first suggestion. The governing body they are threatening to inform has no advice line even though the person is a member of that organisation.
CV is up to date and they are already asking there contacts for job roles. I think eventually they will take the offer but at this moment the shock of the reasoning behind it is building the anger to stick 2 fingers up at them and fight it.

Sounds like they don’t know why so wouldn’t know if its due to a protected attribute or not.

As said above though, less than two years and there’s not much that can be done.

If they can afford the time, money and stress then fight it if that’s in their nature.

Otherwise, just be glad to be out.

Jam bo that was just to show that this person does lots of good work to back up the claim of being a good employee. The person does 60hr weeks pretty much every week to ensure the job is done well and i am not exaggerating that. I guess thats what might be pissing them off the most. All that hard work and they can just dismiss you for no reason whatsoever and make the core value shit up to cover there own arses.

I think this is a fight they are going to have to give up. In any case i told them there position would be untenable with all this happening any way.

Honestly, I’d take the 3 months. Sounds like a toxic workplace, and getting paid to leave sounds ideal.

Sounds like taking the money and running is the best option.

@Aidy +1

But, is there any chance of some more constructive feedback, even if it off the record. Something has gone badly wrong somewhere and it’s unusual for it all to be the fault of one party.

If they’re are doing 60 hours a week, that’s not a model employee, that’s someone who is either overloaded (most likely) so the manager needs sacking or some detailed coaching, or struggling to cope with the job they’ve got themselves into (so the manager needs to reevaluate the employees workload and competence.)

Take the money, leave.

Look for a job that they can do in the hours they are contracted to do.

All that hard work and they can just dismiss you for no reason whatsoever and make the core value shit up to cover there own arses.

It’s not hard work, it’s over work. And FWIW, it’s the way of the UK workplace these days.

I think you are right. No point in staying there any longer than necessary. It will only be a matter of time before they find another reason to get rid of them.

If they’ve been there less than 2 years and it’s not due to any protected attributes, yes

Well no, not necessarily – if there is a dismissal policy in place (that formed part of the employees terms) it can take precedent over the law.

sounds shady as F to me. Surely theres a demonstrable case for unfair dismissal, and HR trying to keep it off the books is ringing alarm bells?
Sounds like it could be racial, or do “they” have poor personal hygiene or something?

Having SAID that, do they want to fight to work in a place that doesnt want them?

Turn the shady dealings back around on them and counter offer

6 months pay and theyll walk.
or they can take it to court, get nothing but the company has to pay fees, gets dragged through the mud (and pressumably pay the employee all while this is ongoing), and “they” walk at the end of it anyway.

My wife works with a colleague who is red-hot at the work they do – but they are also an atmosphere sink who brings the whole feel of the office down.

Good worker and good member of staff aren’t always the same.

MERT – private organisation whereby money means more than anything else including staff well being. Job is way too big for one person and they know it. Hugely under staffed in every dept but they expect you to do extra. This is a private hospital setting and it disgusts me they can be like this.

Take the money and move on, sounds like complete weirdness, is the boss male or female, sounds like it’s down to something personal, as you don’t give up a good worker for nothing as a manager, as that just puts more pressure on you and your team

Olly – that exactly what got my alarm bells ringing. Informal chat about employee termination and yet hold you to privacy, i dont know any HR/organisation that would do that. It sounds shady as hell and they know it so these big threats/offer is there for you just to nod and say ok and be quiet. HR are always sticklers for keeping records and following process but i doubt this is.

Take the money and run. As others have said the workplace environment sounds terrible and as they have only been there 10 months it’s better than trying get them for unfair dismissal if there even is grounds for it.

Take the money. But be aware that PILON is taxable nowadays, so the old days where 3 months pretax = 5mo after don’t count.

Can they negotiate, get it up to 5?

An “off-the-record” chat with HR present, FFS.

Look into whether company has breached its own disciplinary procedures, but ultimately as a lever for a bigger payoff rather than to stay.

Argee – i get the impression the manager is pretty flaky so you are never sure which way she is going to turn. She cant be a good manager to let this person go, they were headhunted by a few organisations so i trust they are a good employee with a good reputation. Either the manager feels threatened by them or something else is going on. Its just really bizarre and all very sudden.

Take the money and make sure they give a good reference as part of the deal.

I think negotiating upwards might be a good shout on the pretence that this cant be following any company procedures.

Perhaps I’m naive, but 3 months when they’ve only been there 10 months seems like a pretty good offer to me.

Honestly, I’d take the 3 months. Sounds like a toxic workplace, and getting paid to leave sounds ideal.

This, and/or…

If they’re are doing 60 hours a week, that’s not a model employee, that’s someone who is either overloaded (most likely) so the manager needs sacking or some detailed coaching, or struggling to cope with the job they’ve got themselves into (so the manager needs to reevaluate the employees workload and competence.)

Take the money, leave.

This.

Take the money, use the three months to find something else

on the pretence that this cant be following any company procedures.

No, actually check the company procedures.

HR should supply them on request.

One party consent in uk – you don’t need someone’s agreement to record a conversation- but it is considered reasonable.

I would take money and run – maybe ask for 5 months severance worth a go.

Turn the shady dealings back around on them and counter offer

6 months pay and they’ll walk.

I’d be doing this. Sounds like a personality clash and / or a toxic workplace culture.

“Pay me 6 months pay as well as owed holiday + give my next employer a neutral reference. I’ll sign a non-disclosure agreement and you’ll never see or hear from me again” would be
my approach.

OP.
Send me your number if you want to discuss. I went through this recently.
( well 5 years ago)

2 strange things here:
1) HR are trying to keep it off the record. They don’t need to. The law changed recently and it is now OK for a company to approach an employee and effectively say ” we don’t want you here, we can’t be arsed with a formal procedure. We know you don’t want a formal procedure. We want to give you £10grand to leave and no more will he said”

Stupidly I cant recall the formal name for this. It will come to me in a minute…

2) for this to be legal they have to tell you to get a solicitor to review it and provide a checkpoint. They will pay for that solicitor.

Tell her to go back and ask for 5 months, and then accept it.

Oh and if they don’t do the solicitor thing then sue their arses off afterwards.

PS, the legal document should say it is no fault admission and confirm exactly what they will say on any future reference requests.

Turn the shady dealings back around on them and counter offer

6 months pay and they’ll walk.

I was about to say the same. I’d go in higher at 12 months though, and bargain from there. If you want rid of me that much, then up your offer, otherwise we go legal. Over to you…

Sounds like they’re best off out of it, anyway. I wouldn’t wan’t to work for any company who thought this kind of thing was ok.

I take it you’re looking for another job? I certainly would be

So whilst they need to follow a proper process, you really have no rights as an employee during the first two years – unless you can prove termination is due to discrimination. If the person in question is white, straight and male, 100% take the 3 months. If they think there is any form of discrimination then make a hard counter. Avoid going legal, it’s stressful and possibly expensive (but bear in mind they will also want to avoid going legal as most of these cases get settled prior to a hearing as it’s cheaper to do so)

regardless, they sound like a horrible bunch of **** to work for – get out ASAP

@blader1611

Found it…..
Settlement Agreement – look it up on google

Two things leap out at me here.

1) “We’ll give you free money to go away quietly, otherwise [insert unsubstantiated threat here]” suggests that they’re on shaky ground and they know it. I would absolutely be chancing my arm for a bigger golden handshake with a counter of “make it formal then, off you go.”

2) If she’s doing a 60-hour week and (presumably) not being paid for it then she’s not a model employee, either they’re taking the piss or she’s an idiot. Either way, an exit strategy is her best move.

I’ve been here and at the time I gladly took the money and ran cos I couldn’t wait to get out of there, the job made me ill and leaving felt like a huge weight had been lifted. In hindsight I now regret this decision, I wish I’d nailed them for it.

But don’t listen to me, listen to people with better knowledge of employment law.

Pay me 6 months pay as well as owed holiday + give my next employer a neutral reference. I’ll sign a non-disclosure agreement and you’ll never see or hear from me again

No idea on the legalities, but this would be my approach too.
You’d not want to work in that kind of workplace anyway so you may as well get as much as you can off them to walk away.

They will pay for that solicitor.

Wow, is that a thing?

(aside: I thought “we can get rid for any / no reason” probation was six months, not two years?)

They will pay for that solicitor.

Wow, is that a thing?

Yes. I was amazed how hard they pushed on that. They wouldn’t budge until I had one lined up.
As above Google SA and I’m sure it will stipulate this.

aside: I thought “we can get rid for any / no reason” probation was six months, not two years?

Used to be six months, changed a few years ago