Using evidence in negotiations with your employer

Using evidence in negotiations with your employer

So evidence in your settlement agreement or exit package negotiation, uh what is the point of it? And you know having established that you do actually need it then how do you go about getting that? And also what are the pitfalls to look out for? Um, in terms of the game of snakes and ladders that sometimes negotiating settlements agreements does actually feel a bit like. So firstly and why should you get evidence? Well actually it’s not always a straightforward case if you telling your employer what happened and they belive you. You know and even if they do believe you, it’s not always a straightforward case of them admitting what they’ve done to you, so you might even have to show them that you can prove it in court. Now we don’t want you to go to court or to go to employment tribunal because that’s a long drawn-out process. Don’t get me wrong you know we’ve done that, I personally have done that. A large number of times stood up and done all the talking in court and we’ve all been able to do that in the past. But right now we’re much more bigger fans of just negotiating settlements out of court. It’s a lot quicker, it’s a lot easier. You know there are tax breaks involved, it’s basically everyone’s a winner. So, there’s a lot of incentives for you. Perhaps you’re wanting to leave your job, your employer wants you to leave, what a great time to negotiate a settlement. Well the more evidence you can bring into this picture, the stronger you can build up the kind of round overview of your case, the more your employer is likely to take you seriously and frankly to be a bit worried about you know the chance that you might sue them so, they’re going to give you a better deal, a better settlement agreement negotiation. So, you do need evidence um you know how to set that evidence out, try setting it out in writing that would be the best advice. And obviously if you have got a lawyer they’ll know exactly what to do. For example, we you know we are pretty much experts in this exact field but if you’re going to try and do it yourself, try and use numbered paragraphs, try and stick to dates, times, places who said what, when? And then you know in terms of media, emails, whatsapp, texts, letters perhaps even witnesses these things rule fair game and witnesses pretty difficult. You might think your colleagues are going to be kind of queuing up to stand up for you, they might be your mates but when it comes to the crunch you’re kind of asking them to put themselves in a difficult position. Because that might affect their kind of progression I was going to say, but it might affect their career progression. So, you know certainly letters, emails, these things are indisputable, they’re their own writing, they cant be denied that that was said. So, other than that maybe that the old-fashioned way just taking a diary and keeping it a little kind of a set of events that happened to you in chronological order. And audio recordings of meetings they could be a little bit um, borderline in terms of what’s acceptable and what isn’t, you’re still trying to maintain this trust between you and your employer even though that trust may have completely broken down because of the course of events that’s transpired and that’s obviously why you’re leaving, at the same time you know no one wants to feel like they’re being taped. On the other hand if you have got particularly overbearing or even aggressive manager these things happen a lot, it might be that an audio recording is the only way you know if someone literally shouting out here and bullying you um perhaps their boss or HR don’t believe that’s going to happen perhaps in that scenario, you know you might be justified in taking a recording. I would advise you to read a lot more about that specific point and other points about evidence within all the articles on the site here. And…. and then just a couple of pitfalls to the count for that your employer can monitor your communication so it can work both ways. They can read your emails um, so you know even…. even email sent on your private accounts or Skype and so on you know if it’s using the work computer that can be accessed. Now when you’re collating data which by that I mean collecting new evidence you know be careful how you do that. If you’re going to put it on a memory stick or even print it out print it out or emailing it to yourself is….is the worst one so they can find out that you’re doing that and you can be disciplined for that or even dismissed. And…. and try not to take any confidential information in terms of client lists or prices. You know even if you are trying to demonstrate some kind of elaborate fraud try and steer clear of that particular pitfall because that really can be you know used against you. And then other than that the final point to note it’s subject access requested. These are great things which entitle you to request all the information your employer holds on you. Okay and you can request that. They have to provide that within 40 days, you have to pay 10 pounds fee send to office. We’ve got some templates here on the site so use one of them. And that’s really great especially where and perhaps you’ve got a board a small…. small to medium company, the board of managers might have actual whatsapp groups you know where they’re discussing you and trying to get rid of you or other internal communications they don’t want you to see that, because that would enable you to kind of prove to a judge that you’re being set up for a big fall here. So, you’re being engineered, your dismissal as being engineered you’re being managed out. And no one’s saying you should go to a judge and prove that but certainly if you can present it to a judge, then you can use that in a negotiation and effectively win a negotiation. In which by that when I say win I mean you know get yourself a fair deal, a decent settlement exit package. So, evidence probably number one thing to go about collecting when you’re trying to reach a negotiated settlement. Thanks a lot.


5 thoughts on “Using evidence in negotiations with your employer”

  • Hi, in case of unfair dismissal for whistleblowing (protected disclosure) against employer for breach of GDPR guidelines & facilitating tax evasion, what are the prospects of winning Tribunal claim if employee forwarded sample confidential data to personal account to forward to government authorities like ICO, FCA, HMRC as evidence due to breach of trust between employee & employer?

  • Hi. I was given the 123 out. Verbal written suspension. But here's the thing, on every write up, there was a lack of communication, (I would be told to do 1thing by a supervisor and written up the next day for doing that exact thing.) On this suspicion I have evidence and statements from coworkers that something's said didnt happen. It happened on the 26th, nothing was in the m.o.d report on the 28th. But when they called me back in for a meeting asking me to stay, they finally allowed me to see and know what the suspension was for. And it has contradictions, the evidence(pictures room numbers) they put in the suspension doesn't coincide with the time I left, they said someone had to cover me but I was there and they went home. I clocked out last, so how. No other disciplinary actions are took for anyone else even though they would have more blame issuing the ok..

    I know its alot and scattered I'm just really confused I know I wasnt in the wrong and I feel some kind of way working for someone who is clearly trying to get me out the door yet if looked into would look kind of suspicious as to motives towards a particular person

  • ShareenSparklingVids says:


    I currently worked for house of fraser and have been treated awfully since the time I have been employed by the company. I went to work on a day off but prior to that the night before I had my resignation letter ready as I'd just had enough of how I was being treated. In my letter I asked for them to accept the resignation due to personal ongoing issues which they already knew about they accepted then a month down the line I decided to contact my old hr manager to find out about my pay. one of her staff told me they've taken that money from me as it's apparently what I owe. I was not even asked or informed so I couldn't make even make a decision. I had to keep contacting the head office as every time I tried to contact her she would deliberately tell someone else that she was busy and she'd reply to my emails she lied about receiving my email and then I recieved an email from the store manager when the hr manager had agreed to email me back. Also, for times I've had off being sick my gp told me to complete a self certificate form as GPS are no longer allowed to write fit notes until patient has been off ill for 7 days. I was only off for 3 days and one occasion 5 days. I provided them with all evidence they needed but they still lied and said they never recieved it when I've got photocopies of what I gave them and they sat with me a a welcome back to work meeting with the documents they recieved from me. I am going to try my hardest to fight this case I have been treated appallingly by this company.

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