Compromise Agreement? Urgent

[honeybee13]

Hi there, Pulpo. It seems to be going your way, although you have to question if the company knows what it's doing. I would say if these steps will result in you getting the next job and coming away with cash, it's probably worth it. After all, what can they do once you've taken the money and started work elsewhere?

 

Don't make the reference make you sound superhuman!

 

HB x

[elpulpo]

It's just that the date for them to pay up is close to the ET deadline, I just get a feeling they might not pay and try to run me out of time on the ET. I'm not daft though, I'll have an ET1 ready, and the moment there's a problem, it goes in. I can always withdraw it later.

[honeybee13]

Agreed. Give 'em what for. Never argue with an octopus.

 

HB x

[papasmurf1cx]

Pulpo.... companies do things for the strangest of reasons, some no more so than to show everyone that the boss is the boss. Maybe you were the hardest to crack in the company and he has a plan for the remainder. So if he 'wins' against you he has a psychological advantage with the rest. I know you feel reticicent but once the money is in the bank and you move on it will all fall into place for you.

[elpulpo]

Pulpo.... companies do things for the strangest of reasons, some no more so than to show everyone that the boss is the boss. Maybe you were the hardest to crack in the company and he has a plan for the remainder. So if he 'wins' against you he has a psychological advantage with the rest. I know you feel reticicent but once the money is in the bank and you move on it will all fall into place for you.

Exactly, I think that is the case here. The easiest thing for them to do would have been to just back down right at the beginning, but employers don't like to concede to grievances for fear that it might open the floodgates.

I still don't think they intend to follow protocol and enter into a legal compromise agreement with me. They dismissed someone a few months ago, and gave him a months wages as 'a settlement'. It was nothing more a than a statement in his dismissal letter, saying 'we are giving you one months pay in full and final settlement of the matter of your employment'. I pointed out to the general manager that I thought this person might well try and take legal action against them, but he was adamant that this person couldn't do so as they'd 'settled' with him.

More fool them.

[papasmurf1cx]

hey Pulpo .... I want a job with this company they would get their asses whipped..... in fact I think we all should line up to work for then whip em!!!

[elpulpo]

The sh*t you have to put up with to get to this stage is hardly worth it. I've had over 2 months of BS from this lot going through the greivance/appeal etc.

[elpulpo]

Right, so I today received a copy of the proposed Compromise Agreement, with a covering letter saying that all they need for it to be completed are the details of my independant legal advisor, so they can be added.

I emailed the manager, stating that as I understood it, they should direct me to seek independant legal advice, and offer to pay my legal costs, up to an amount. He replied that they were unwilling to pay my costs, and that that would have to come out of the settlement. So, what to do?

[honeybee13]

Hello Elpulpo. I've been wondering how you were getting on. It's approaching the gestation period of a baby elephant, isn't it? I agree with you, I thought the employer was meant to fund legal advice. But wasn't there a lot of talk earlier about the CA being unenforceable if it wasn't executed correctly?

 

Did you file the ET papers, btw? I'm not sure when you run out of time and know it was a concern for you.

 

My best, HB

[elpulpo]

Hey HB, how's thee?

It's not a big deal, this legal fee thing. If they really start playing silly burgers, I'll stump up myself. Just shouldn't have to. I don't have to submit an ET1 'til about 5 Oct, so still well in time.

Going to find an employment law specialist tomorrow morning, just worried that they'll start trying to 'milk the cow' with it all, trying to drag me into making a case of it, when all I want is for it to be settled.

[honeybee13]

I'm good thank you. Seeing a lawyer sounds a good idea. Taking your own advice, eh?

 

HB x

[papasmurf1cx]

You could try doing it through ACAS. Any agreement made through them is enforceable in the courts. (or did they exclude that ???)

[elpulpo]

Nah, it's got to be a solicitor. ACAS only solve things once it's gone to ET

[DottySpog]

They don't have to fund your legal advice although it's usually paid. My employer made it so that my legal expenses were only funded if I accepted the compromise agreement but told me I had to take legal advice regardless of whether I accepted it or not - being on a low income as a single mum I suppose they thought I'd have to agree just to cover the legal fees.

[SarEl]

Just one thing to add to the advice here - it isn't relevant to this but useful to know. Trades union officers also have the right to sign off CA's. They often have more idea about CA's that the average solicitor who may have never or rarely negotiated one.

[elpulpo]

Anyway, I went and spent £293 at a solicitors this morning, for a meeting that lasted less than 10 mins. Done.

Now we'll see if they pay up.

[JonCris]

They don't have to fund your legal advice although it's usually paid. My employer made it so that my legal expenses were only funded if I accepted the compromise agreement but told me I had to take legal advice regardless of whether I accepted it or not - being on a low income as a single mum I suppose they thought I'd have to agree just to cover the legal fees.

 

 

Without legal advice the agreement is voided so its in their interest to pay

[DottySpog]

I refused the compromise agreement and as such they never paid a penny of the fee for the legal advice.

[JonCris]

I refused the compromise agreement and as such they never paid a penny of the fee for the legal advice.

 

Well they should have

[JonCris]

acceptance is not a requirement & if it were why seek advice

[DottySpog]

They stated that the agreement to pay legal expenses was part of the compromise agreement itself, therefore if I didn't accept it, it wasn't payable by them. They knew I had financial issues at the time and I was on antidepressants because of the stress at work so I guess they were trying to push me over the edge.

[JonCris]

Yes it was but your choice as to whether to reject it or not wasn't

[DottySpog]

Apparently because I didn't accept the compromise agreement they decided they wouldn't pay my legal fees and I was told I couldn't refuse it without taking legal advice, they even phoned me at home while I was off sick to ask for the solicitors details that I was taking advice from.

[SarEl]

I'm sorry but I do have to correct some mistaken legal advice given on this thread. There is nothing in law that says an employer must pay legal fees for an employee entering into a compromise agreement, whether it is agreed or rejected. This belief arises from the fact that it is common practice for employers to either pay the fees or a contribution to the fees. Employers seldom refuse to pay at least some of the bill - but that is not the same thing as saying that they must pay. The legislation does not say anything about employers paying for legal fees - it only says that independant legal advice must be sought by the employee as to the consequences of signing such an agreement for it to be legally binding.