Exhausted with this mess

[wally0163]

So what could the meeting be he said a frank honest discussion

[wally0163]

I have just been offered a compromise agreement and have been asked what I may be looking for,obviously this will need in incorporate us looking for a place to live, Can anyone please help as to how you determine a figure on this

[caledfwlch]

I have just been offered a compromise agreement and have been asked what I may be looking for,obviously this will need in incorporate us looking for a place to live, Can anyone please help as to how you determine a figure on this

 

Don't think small figures!

 

I suspect they have realised just what a mess they have made of things. the months of harrassment against you they have failed to stop, and failed to protect you from and so on.

 

Someone with knowledge will need to advise, but I suspect that PDF file well be a nice bargaining chip too. Or you could let it be known to the tenants that you know have the names of exactly who has been causing trouble and will be taking legal action

 

I don't know how to calculate fair figures, but with your evidence, and the fact that you could seriously turn them over at a tribunal, I wonder if 7-10 months full pay as compensation might not be too unreasonable.

 

Remember, its not just the whole constructive dismissal thing, but the harrassment you have been through, their failing to protect you, and to deal with the false complaints in a timely manner, how they have treated you, the fact that they have treated you so badly when any allegations from a tenant who had actually assaulted you and clearly had a grudge and mental issues should have been taken with a pinch of salt, and so on.

[elpulpo]

Don't be pressured into agreeing anything straight away.

Take time to consider what you're entitled to.

[teaboy2]

i would get a solicitor to go over the compromise agreement with you and have them add to the agreement that they would pay your solicitors and legal fees too. That way theyd pay the solicitor an not you and the solicitor will beable to tell you exactly what you should be getting out of this and negotiate the agreement in order to achieve that.

 

basically tell them to put there offer on the table and that you expect them to pay cost for your solicitor (which you expect them to state in their offer) to go over it with you and then negotiate a final agreement.

Edited November 20, 2009 by teaboy2
added paragraph

[wally0163]

The company know if this goes to tribunal with all the facts and proof of documentation, the bullying and harrassment.

And now with the new investigation notes identifying the same sources of allegations the man who assaulted me ect.

They clearly show that they never showed that they were trying to defend me or act impartially it is disgusting reading that a company can stick the boot in to a innocent person just because its more hassle then to protect the people who they provide a service too.

And now although we want to get out we have to uproot and find somewhere to live, I am so angry

[jackieandwayne]

Wally, the way I see it is this - you have now lost your faith in human beings, this has changed the way you see people, therefore you don;t feel you will ever be able to return to the caring profession. Then subtract your age from retirement, and there's a starting figure, you want lost salary for those years! That's what I'm doing, whether or not we get it is a different thing. But they soent months putting the fear of god up you, now you can turn the tables.

 

Good luck and don;t be too hasty. An d don;t hand over that document!

[teaboy2]

and dont loose all your fave in human beings either becuase you stil got us guys and girls on cag 100% behind you along with the residents that have spoken out publicly to support you , but defiently get a solicitor to go over any compromise agreement and to dicuss what you should have in such an agreement with regards to what you get out of it.

[wally0163]

Thanks so much, your right I have lost my faith in human beings and will never be who I was, and I am going to stick by my guns, the document is very safe. Feel very nervous about meeting

Thanks everyone so much, where are you with your sit Jackie and wayne

[electron99]

I know it is easy to say, and difficult to do, but when you attend the meeting try and take control and put them on the defensive.

Start off by saying that since you have resigned you are only attending as a good will gesture. Try and say this before anyone else speaks.

Immediately after present any proof you have that the 5 people in the statement were telling lies. Point out that you were assaulted by a resident, who is still causing trouble, and that they also have a duty of care towards employees.

 

Don't shout or swear, just keep talking in a matter of fact way, firing questions and statements at them.This will put you in control.

Don't agree to any proposals they put forward, however tempting. Say you need to take legal advice.

 

Between now and Monday, rehearse in your mind what you are going to say.

 

Good luck - you deserve it.

[teaboy2]

I know it is easy to say, and difficult to do, but when you attend the meeting try and take control and put them on the defensive.

Start off by saying that since you have resigned you are only attending as a good will gesture. Try and say this before anyone else speaks.

Immediately after present any proof you have that the 5 people in the statement were telling lies. Point out that you were assaulted by a resident, who is still causing trouble, and that they also have a duty of care towards employees.

 

Don't shout or swear, just keep talking in a matter of fact way, firing questions and statements at them.This will put you in control.

Don't agree to any proposals they put forward, however tempting. Say you need to take legal advice.

 

Between now and Monday, rehearse in your mind what you are going to say.

 

Good luck - you deserve it.

 

and that any proposal they make is to be in the form of a compromise agreement, in which they include their acceptance to pay your legal cost and that the compromise agreement is open for negotiation. that will allow you to show your solicitor it and negotiate a better compromise and total amount in damages.

[wally0163]

Thankyou everyone, I would just like a figure in my head, especially following the document where compainants were identifyed the same source so it clearly shows no impartial investigation took place just a further witch hunt, they want me out of my house as quickly as possible as I guess potentially I could now bring a case against the complainants for slander and fictitious lies.

Not easy finding somewhere to live quickly so I will need to private rent

[teaboy2]

Thankyou everyone, I would just like a figure in my head, especially following the document where compainants were identifyed the same source so it clearly shows no impartial investigation took place just a further witch hunt, they want me out of my house as quickly as possible as I guess potentially I could now bring a case against the complainants for slander and fictitious lies.

Not easy finding somewhere to live quickly so I will need to private rent

 

As i said once you see your solicitor between you both you wil beable to come up with a reasonable figure for damages/compensation.

[jackieandwayne]

Wally, they can want on with regards to the house, they'll have to take you to Court for possession. Ask your solicitor what he thinks about seeing Shelter for help with the house, and of course, part of your compromise agreement now includes somewhere to live!

[teaboy2]

Wally, they can want on with regards to the house, they'll have to take you to Court for possession. Ask your solicitor what he thinks about seeing Shelter for help with the house, and of course, part of your compromise agreement now includes somewhere to live!

 

yeah absolutely. get it so its them buying you a house in the compromise. But dont forget to invite the guys and girls here that have helped you to the house warming lol

[wally0163]

Well had my meeting yesterday, stayed very calm they gave me a figure and talked a lot about corporate law saying it couldnt be any hegher due to something with insurance, they said have a think about it and gave me a draught copy of compromise agreement which I am taking to my solicitor toda to have a look.

Anyhow my self and husband discussed it last night and we have upped the amount of which they offered, they are now not responding however my acknowledgement letter from tribunal came to day also saying they accept the claim, what do I do now??

[teaboy2]

Well had my meeting yesterday, stayed very calm they gave me a figure and talked a lot about corporate law saying it couldnt be any hegher due to something with insurance, they said have a think about it and gave me a draught copy of compromise agreement which I am taking to my solicitor toda to have a look.

Anyhow my self and husband discussed it last night and we have upped the amount of which they offered, they are now not responding however my acknowledgement letter from tribunal came to day also saying they accept the claim, what do I do now??

 

once you and your former employer agrees to a compromise agreement then you will have to put a stop to the tribunal claim, but until an agreement is reached keep the tribunal claim open. they should have provided you with details as to what you need to do next etc with the letter of acceptance of you claim. if not, simply inform your solicitor if he/shes also going to represent you at tribunal, if it gets that far, and theyll beable to tell you what you now need to do. it may also be worth contacting the tribunal people to see if they require anything further from you.

 

with regards to them saying they cant offer you any higher due to insurance, i think what they are saying is that their insurance company will only agree to pay out so much, but thats their problem not yours. and it doesnt by any means dictate what the payout should be, hell the tribunal could simply order they pay out double regardless of what their insurance company is willing to payout. After all its the employer that is liable and not the insurance company. their just being tight arses and unwilling to pay out of their own pockets.

Edited November 24, 2009 by teaboy2

[wally0163]

Hi everyone

Just wanted to let everyone know I got the result I wanted or at least near that, dont get me wrong it has been at the cost of my health and home but at least now I can look forward they will also provide a reference which I know will be bog standard, I am now looking for a home privately.

I just feel that justice in a way has been done, it is an experience that I think will take me a long time to get over, but I urge everyone not to give up if you are innocent then continue till you reach a result, these large companies who bully and harrass their front line staff should be ashamed.

Thanks to everone on here who has helped me continue the fight