Can an employer offer a Settlement Agreement instead of a performance process?
Yes, a settlement agreement can either be offered by your employer, or suggested and negotiated by you or your professional adviser to bypass the performance process. This is often a sensible way to proceed for both parties especially if an employee would rather not go through then indignity of a performance procedure. The relationship is likely to have already been tested by the time a performance process has been requested by your employer. Indeed, in many cases, an employee is “set up to fail” the process, with unrealistic targets against a background of strained relationships.
Hence, an amicable settlement via a settlement agreement can be more beneficial to an employee in these circumstances.