Compromise Agreement? Urgent

[JonCris]

But you didn't say that & if that was the case why were the solicitors concerned. Also where you on benefits??

[082stewie]

You are right, I am so lucky!! I will count my blessing in church on Sunday.

 

Its about protecting myself and my family, in the hight of a recession. Are you kidding me! I didnt see the solicitors offering to pay my bills or put food on the table. Its about survival and using the system to my advantage. I do think I am right, all payments made under "ex gracia" are tax free upto 35K apart from the obvious statutory payments laid down by the Goverment, I think its 1 weeks salary for every year worked. This is taxable and cannot be avoided. But leave, notice pay and exceptional payments can be thrown in.

 

I consider myself a savvy person and used the system to my advantage rather than having to claim from it.

 

Like I mentioned, check it out and speak to a solicitor, wouldnt want you to break the law now.

 

Joncris - Where do you get 14yrs from?? People kill each other and get less than that. Get real

[JonCris]

For all your bluster you have still not explained why the solicitor was concerned & NO lawyer worth his salt will take part in a clients deceit if that deceit is illegal

 

AS for money laundering 14 years IS the maximum sentence

[JonCris]

google it

[JonCris]

Once again please explain WHY the solicitor was concerned eg Did he think what you intended was or might be illegal

[ScarletPimpernel]

I've unapproved a post in this thread. Robust discussion is fine; name calling and personal insults are not.

[082stewie]

I never called anyone names. Just pointing out the obvious God complex of another.

 

Anyhow, hope you get everything you can from your ex-employer and my bit of advice may be of help.

 

Stewie

[honeybee13]

Is it safe to come back onto this thread guys? Pulpo, I hope all this discussion is helping you?

 

HB x

[elpulpo]

Very helpful. And there's a picture of a cat wearing some antlers. I've completely forgotton about the DDA issue.

[mariefab]

I suppose it boils down to, on the one hand, how strong you feel you case is (and remembering your policy of 'If it ain't wriiten down it didn't happen' it's probably pretty solid).

 

Or, on the other hand, whether you'd like to avoid the drawn out hassle of a Tribunal case.

 

If the latter you could maybe ask whether the earlier offer is still on the table.

[elpulpo]

I suppose it boils down to, on the one hand, how strong you feel you case is (and remembering your policy of 'If it ain't wriiten down it didn't happen' it's probably pretty solid).

 

Or, on the other hand, whether you'd like to avoid the drawn out hassle of a Tribunal case.

 

If the latter you could maybe ask whether the earlier offer is still on the table.

I want to avoid the ET route if at all possible. I think it's a strong case, but discrimination cases are never easy. Probably have to resign and claim CD too.

AH! hang on, he's just emailed me again, I'll be back....

[honeybee13]

Hi Pulpo. Just to say I hope you manage to extract yourself from this soon and get a good resolution.

 

My best, HB

[elpulpo]

So, received another email from the director. He's now accepting the amount I requested, which he initially rejected.

I'd stated that I wouldn't move out of the staff accomodation I'm occupying until I had received the settlement. He's insisting that I won't get the money until I move out. So that's the only sticking point. What does everyone think?

I'm sure that if we finalise the agreement and then they don't pay up, that I could soon pursue them for the money, but do you think I should insist that I get the money before I go anywhere?

The only other point, that I've asked for him to clarify, is will it be deemed that I've resigned, or that I was made redundant?

[helencb]

Been reading these boards with interest, so I thought I would sign up and chip in

 

I did a compromise agreement with my employer, although it was ten years ago now.

 

I went to the lawyers office, met my ex director there, and we signed the paperwork together and handed over the cheque at that point. Although accommodation wasnt the issue in my case, so I couldnt be certain, I would think this would be the point you hand your accomodation keys back? Would make sense, that way you can draw a line under it.

 

I did negotiate quite well I think, and they did agree to note it as a voluntary redundancy...(I wanted out, it was not a pleasant environment, to say the least, although I had worked there for many years, including internationally)

 

Good luck!

[papasmurf1cx]

Sounds like you have done Ok. Can't a third party hold the money / cheque and you sign the document and hand the keys back at the same time.

 

Isn't 'redundant better than resignation?

[honeybee13]

Redundancy is infinitely better than resignation or worse and should provoke few questions, although I think Elpulpo said he has another job to go to. Pulpo, it's worth bearing in mind a reference if you haven't already mentioned this. Sorry, long day, long lunch.

 

HB x

[elpulpo]

I'm probably being a bit paranoid about the pay/accomodation aspect. They'd have to be pretty daft not to play ball.

I'd certainly prefer the redundancy route.

[honeybee13]

Your average CA [or equivalent] would include what would be said on any future reference wouldn't it, if I've read the forum right since I've been here? I have to say, your people have a unique way of negotiating and I admire how you're dealing with it.

 

HB x

[elpulpo]

Aye, the reference is another aspect. I'd want more than a blank, factual 'Elpulpo worked for us from X to Y. He was employed as a blahdeblah. Full stop.' I expect them to say good things.

[honeybee13]

Something else to think about, Pulpo.

 

Also, OH says if you really don't trust them with a cheque, would they do a bank transfer? I realise that could be asking too much, just a thought.

 

HB x

Edited September 7, 2010 by honeybee13
Clarity.

[elpulpo]

I'd insist on a credit transfer. The guy who handles the money for them is the only one I trust. He's a decent bloke, who's told me personally that he's not at all happy about the whole issue.

[honeybee13]

That's a good point in your favour. Are you starting to see how you can handle this?

 

HB x

[mariefab]

As you've got another job lined up I don't suppose that it matters too much whether your CV says resignation or redundancy.

If you can get the other matters sorted I'd bite his hand off and not stop chewing until you reach the elbow.

[honeybee13]

I hope it goes well today. Please keep us posted.

 

HB x

[elpulpo]

So, the director has just emailed me and confirmed the net money I will receive, that the EDT can be tomorrow and that they can state that I was made redundant. He suggested that I write a reference for myself, which he would then accept or amend. No mention of the next step, my seeking independant legal advice etc.

I've emailed him back accepting, with a proposed reference. (glowing)

I've never been in this situation before, and it just doesn't feel right - like I'm walking into a trap somehow. I just keep having to assure myself that if they're being underhand then it will backfire on them.

Still got until early October to file an ET1 if it goes pear shaped.