Story 147

I was required to sign an NDA as part of a settlement agreement to leave the company I had worked at for over eighteen years.

The process began with being told I was being placed on a performance improvement plan which was the first time I was aware that the my line manager was dissatisfied with my work.

The whole process from being a good employee with above expectations performance outcomes for many years to being dismissed took eight weeks in total.

The impact of that sudden change was devastating on my self confidence.

From the first official meeting with HR it was made clear I needn’t go through the PIP process and I could agree to settle.

I didn’t agree because I wanted and needed to understand what the problem was that had caused the change.

And to be given the opportunity to correct the situation.

I did engage a lawyer from the outset and followed their advice to manage the process I found myself in. What became clear during the weeks that led up to my eventual termination was that whilst I wanted to work through the process there was no intention on the employers behalf to change their position.

The last few weeks of my employment was spent on sick leave due to the stress I was under.

When my lawyer came to negotiate the settlement this took less than 24 hrs.

The first round was financial. What they offered was no where near what my redundancy payment would be. The employer made a revised offer agreed in minutes.

The NDA was only applicable to me and not the employer. My lawyer tried to have it removed or to have it on both parties. It was made clear there would be no settlement without the NDA on me. The only option left to me was to take the employer to court. I chose not to do this because I couldn’t risk the damage to my health.

The case I would have brought against the employer was on discrimination for a known mental health condition.

The impact of the NDA has been enormous. I’ve had to lie to recruiters as to why I left my last company. I’ve never been able to tell my side of what happened to me. One of the thoughts which I return to continually is “what did I do wrong?”

This leaves a constant feeling of self doubt

Though I found another job which I enjoy and I have a good line manager, I have no trust in the HR function or any of the HR processes on bullying, harassment, wellbeing, performance reviews. I have no loyalty to the company, only to myself.

If an employer wants you gone then you will be gone whether you have breached your employment contract or not. Then they will gag you. The impact is all on the employee and none on the employer. This allows the perpetrator of the behaviour to continue with impunity as the only narrative is the one the employer puts out.