How do you negotiate a fair ‘settlement agreement’ exit package deal when leaving your job after being badly treated at work?
Without our Supported Self Representation service you can represent yourself.
At the heart of this service are our free interactive web-apps on this website, including:
- Redundancy letter builder
- Coronavirus health & safety letter builder
- Do I have a case
- Case value calculator
To find out more, read on.
1. Assess the strength of your case
If you have a strong case, your employer is more likely to negotiate a deal because of the risk that you might take them to an Employment Tribunal and win. Try our ‘Do I have a case‘ app to assess the strength of your case.
2. Decide on your negotiating strategy
So you’ve tried ‘Do I have a case’. You believe that you may have a reasonably strong case. Next you need to decide on your negotiating strategy. Read these two articles to help you:
Generally we would recommend that your best negotiating strategy is to write a letter to your employer, setting out your case.
Why? A decent letter will normally get a reply from the employer setting out their side of the story.
This will flush out their counter arguments and help you to understand what extra evidence you may need to obtain in order to negotiate a decent settlement.
3. Write a without prejudice letter
It may seem a bit daunting writing a without prejudice letter for the first (and hopefully only!) time in your career. But don’t worry.
Without prejudice means off the record, so it can’t be used against you later on if you don’t get it right.
You can read about how to write a good without prejudice letter in our advice articles here:
Depending on your type of case, there are a number of free letter builder tools on this website which will write the structure out for you, so you just have to fill in the details:
If you’d like to see example of a selection of without prejudice letters, have a look at our documents section here:
4. Assess your employer’s response
Broadly speaking, there are 3 types of response which you might be met with:
This can include writing back to you telling you how you have no hope at all and that they are not willing to negotiate. If this happens then it’s time to escalate matters.
This can include writing back to you telling you how you have no hope at all and that they are not willing to negotiate, but then leaving a glimmer of hope. It could be inviting you to a meeting. It could be asking for more information in writing. At this point, you need to start responding to their specific queries. Often a negotiation process is hampered by misunderstandings in the facts, which can be ironed out by email. Our Do I have a case tool will provide you with a reading list for this process.
Often an employer won’t respond at all, or will acknowledge receipt of your letter but not get back to you properly. This is frustrating but you need to chase them. If you’ve chased them then it’s time to escalate matters.
5. Escalate matters internally
If you’re still employed, you can submit a formal written grievance under your employer’s internal procedure.
Another effective method of encouraging your employer to enter into a settlement agreement with you is to raise a data subject access request
6. Escalate matters externally
7. Settlement agreement offers
If at any stage you get offered a settlement agreement then try to play it cool.
To offer any feedback on how we can further develop these apps and provide more resources contact email@example.com