Using evidence in negotiations with your employer

If you’re negotiating with your employer, feelings don’t really come into it. At the end of the day, employers and HR departments respond to hard evidence. In this video I discuss how to use evidence in negotiations.

Full transcript:

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 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
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.