• Process
• Attachments

Process

1. Pre-Day 1 prep
1. Complete the Settlement Agreement questionnaire including redundacy calculations (see form below.
2. Use the file here to calculate redundancy and notice pay: Contractual-Redundancy-Calculator - Google Sheets
3. Draft the Settlement Agreement - can we just create the agreement from a pre-agreed template? We don’t want to waste time.
2. Day 1 morning
1. Email employee to ask for a meeting send a calendar invite for the same day. Make sure the employee is not on holiday.
2. Don’t state that it is without stating that it is a without prejudice discussion.
3. Day 1 afternoon - meeting 1 - part 1
1. Explain the reasons for the potential redundancy of their position, highlighting that their role is at risk of redundancy
4. Day 1 afternoon - meeting 1 - part 2

A. Without prejudice and confidentially, we can agree a settlement agreement where we can offer you an additional [EX GRATIA MOUNT] above your statutory redundancy and notice pay. B. You have 24 hours to consider this offer. Let us know by the same time tomorrow whether you would like to progress with the settlement agreement. C. If you want to discuss anything in the offer, that needs to be done tomorrow morning so that we have a conclusive answer on the settlement terms within 24 hours. D. It is possible either of us can’t agree terms. If not, we will continue with the redundancy process.

Question - is there any need to issue the settlement letter? I don’t see any.

5. Day 2 afternoon - 24 hours later
1. Scenario 1 - no terms have been agreed

Dear Joe, We haven’t heard from you or we have been unable to agree terms of the settlement agreement

2. Scenario 2 - terms have been verbally agreed

Dear Joe, Please find attached the draft settlement agreement that we have verbally agreed. From experience, please note the following A. You have 10 calendar days (not working days) from today to consider the agreement, find a employment solicitor, send comments on the agreement and have this signed within this period. This generally means you have to find a solicitor within the next few days and ask them to send us the comments on the settlement agreement (if any). B. If the 10th day falls on a weekend or a public holiday, then we need to get this agreement signed on the last working day before the 10 calendar day elapses. If we are not able to sign the settlement agreement prior to this date, this process will end and we will continue with the redundancy process. C. We will pay the solicitor directly up to £500+VAT. You can find a solicitor anywhere in the country that fits this budget. If you find another solicitor that costs above this amount, you’ll have to bear this personally.

6. Day 9 - assuming we haven’t heard anything from the person.

Dear Joe, This is a kind reminder that we haven’t heard anything from your solicitor. As previously outlined, we need the agreement signed within 10 calendar days of [DAY 2]. Regards, Line Manager
3. Day 12 morning (or Day 13/14 if Day 12 is weekend or a public holiday) - assuming the agreement hasn’t been signed

Dear Joe, We have unfortunately not been to agree a settlement agreement. Therefore, we will stop the process now. We would like to invite you to our second meeting later today to continue our consultation process Regards, Line Manager/HR

4. Day 12 afternoon - assuming role is standalone.
• Consultation meeting
5. Day 17 morning - assuming role is standalone.

We would like to invite you the final consultant meeting this afternoon. Please note that it is possible that we can’t find a solution and therefore your role could be terminated.

Attachments

Forms

Short service

Standalone

Selection from Group