Compromise Agreement if I agree to leave work

[cw412]

I wonder of anybody has ever been in this position.

 

I was suspended last year because of allegations made against me. These were proven to be untrue. I was harassed by my manager and the person who accused me.

 

I am currently off sick with depression and anxiety caused by this action.

 

I now also have arthritis in my knees which gives me mobility problems.

 

My employer can be sued for personal injury under the protection from harassment act and health and safety act.

 

My employer is also not able to make reasonable adjustments and I can bring a case for this.

 

I have been speaking to my union and an option I could have is to agree to a compromise agreement where I would accept 4 years salary, pension rights etc and agree not to take any action.

 

Has anybody ever done this?

[Jimbo44]

Hi

 

Firstly let me say how sorry I am to hear of your illness and the suspension you have been through.

 

I'll answer your question first if I may. "No, I have never experienced anything like this before"! However, that said, and despite it looking a good offer overall, I would have some reservations if it was me in this situation.

 

In no particular order the concerns that spring to mind at the moment are:

 

(a) dependent on my age at the time, would four years salary be enough to see me through financially until either I got another job which suited me in my current state of health, or reached retirment age?

 

(b) how is the salary-in-lieu be paid, in a lump sum now or spread over the four years?

 

© would the gross amount I would receive by accepting the offer be more, less or about the same as the amount I might reasonably expect if I sued?

 

and

 

(d) are there any other "benefits" I would be relinquishing rights to (e.g. enhanced salary by means of overtime, commissions etc., life insurance, free or reduced price medical benefits, company car/travel etc., etc.) by taking the offer and what monetary value do do I estimate these to these have?

 

I must admit that, on the face of it four years salary plus pension etc., is a good offer but, at what overall cost to you is it made? Employers aren't often that generous!!!

Edited October 18, 2008 by Jimbo44
added sentence

[elche]

By signing a CA you will I presume be compromising your 2 potential claims:

 

a) The PI claim for injuries suffered by you as a result of your employer being negligent and;

 

b) The DDA claim and any ancillary employment claims e.g. unfair dismissal

 

The value of (a) would depend on what any medical reports say re extent of injury (I presume mental e.g. depression) and the future prognosis. In addition, other potential heads of claim would be present e.g. past and future loss of earnings, expenses.... etc

 

The value of (b) would all depend on the facts, remembering that disability discrimination awards are potentially unlimited and usually comprise injury to feelings (see Vento Guidelines), loss of earnings, injury to health. ancillary losses... etc

 

As you are talking about 4 years salary I presume this is an over £30k settlement which also has tax implications.

 

You basically need to get advice from a solicitor or adviser value (a) + (b) [i doubt you could double recover e.g loss of earnings], subtract a % to reflect litigation risk and reflect lump sum payment, and then put this figure (or a higher one!) to your employer, and see what offer comes back.

 

As you seem to suggest a large sum it would be well worth paying for some professional advice, remembering that the CA should allow for some solicitors fees for you anyway.

 

Good luck

 

NB And of course there could be other potential heads of claim (and indeed other figures e.g. notice pay under current employment contract, pension etc) that I have not noticed or commented on, and that you may not have told us about!

Edited October 18, 2008 by elche
Missing info

[cw412]

Hi

 

Firstly let me say how sorry I am to hear of your illness and the suspension you have been through.

Thank you

 

(a) dependent on my age at the time, would four years salary be enough to see me through financially until either I got another job which suited me in my current state of health, or reached retirment age?

I am 38 and currently studying a part-time law degree

 

(b) how is the salary-in-lieu be paid, in a lump sum now or spread over the four years?

it is will be paid in a lump sum

 

© would the gross amount I would receive by accepting the offer be more, less or about the same as the amount I might reasonably expect if I sued?

it could be a similar amount

 

and

 

(d) are there any other "benefits" I would be relinquishing rights to (e.g. enhanced salary by means of overtime, commissions etc., life insurance, free or reduced price medical benefits, company car/travel etc., etc.) by taking the offer and what monetary value do do I estimate these to these have?

I can keep lifetime rail travel and get my pension for the 4 years

[Jimbo44]

In view of the likely complexity of any claim(s) and of the sum(s) involved I really do think that elche's advice above is the best - seek professional guidance.