Compromise agreement - Needing to sign this week - Advice required ASAP

[triedandtrusted]

Hi There

 

I am looking to sign a compromise agreement by Thursday

but at the last minute my companies solicitor has chosen to take leave and will not be back to the office (supposedly) till the deadline for me to sign (14th October) this week.

 

I am getting anxious as I cannot sign until I have been allowed by HR to come in and return company property.

HR have hinted they cannot (will not do anything) until their solicitor is back from leave.

 

The change I wanted their solicitor to do and was outstanding in the compromise agreement was the simple change of the date of termination

in the reference to match the termination date that has been mentioned through out the rest of the agreement.

 

This was asked for over a week ago.

 

Head of HR had said last Friday they would contact me to discuss me coming in and giving back company property and for me to collect my things.

They pretended they didn't know where negotiations were at.

 

I emailed Head of HR today (Monday) and got no response.

 

I recently found out that they did not get the sick certificate that I sent to them for the month of September

(dubious as I hand posted this to the same address I have always used i.e to send to Head of HR).

I only found out that the sick cert was not recieved or mislaid by them through their solicitor a couple of days ago.

I managed to get another copy and handed it in at work the same day.

 

I am finding it difficult in the current circumstances to make headway in signing the agreement in the time they have stipulated (14 days after the termination date).

The termination date was 30 Sept 2011 and the one in the reference is 31st August.

I cannot sign until I have returned their things as that is stipulated in the agreement.

 

Head of Hr had said they would contact me to discuss what I would need to return, I am getting no response from them.

The agreement specifies extracts, summaries pretty much everything and anything has to be returned.

 

Can I sign the draft of the agreement I have currently got or does it have to be a final copy that they prepare.

 

Can my solicitor make the draft a formal agreement so I can sign that instead?

 

I was just going to give back their stuff and sod getting my personal belongings.

 

This has been going on since end of August and I had received the agreement July 20th.

 

I believe I will be out of time.

 

I would be very grateful for any advice on how to impose myself and get things signed ASAP as I am running out of time

 

Thanks in Advance

 

triedandtrusted

[RachelMD]

Why isn't your solicitor handling all this?

That's what they're for! Make them work for you.

 

One thing's for certain- DON'T TRUST OR BELIEVE HR FURTHER THAN YOU COULD THROW THEM- THEY'RE SNAKES!!!!!!!!!!!!!!

Although I get the impression you realise that already.

 

It might help if you give a bit of background as to the circumstance of you making a CA with your ER.

How strong a position do you feel you're in?

ER's wil play silly beggars for all they're worth, but if the CA is to stave off litigation and they know they won't win, they'll probably back down in the end.

 

BUT MAKE YOUR SOLICITOR WORK FOR THEIR FEE!

 

BTW, I presume the ER is paying your solicitors fee here? They should be.

[triedandtrusted]

Hi RachelMD

 

I think my solicitors know that the companies solicitor going on leave is not a good thing and they had asked me to speak to HR which in my opinion is a bad thing. I was summoned into a room with Head of Hr and MD after coming back from a grievance over disability discrimination comments (no evidence found as expected - sham investigation). On my 10 week phased return back to work I am being accused of being slow and making mistakes despite being on anti depressants. The phased return became an informal performance review that later got extended and the whole thing was lasted from Jan to July. I cottoned on to the fact that I was being performance managed out of the business since Jan. I had complained about being accused of poor performance and having to work to non SMART objectives. I made a stinging letter of complaint over having non SMART objectives forced on me during a performance review and they offered me termination of contract in July with compensation or PIP if I didn't take the offer. No other alternatives given. It is clear to me I was being victimised after lodging an ET1 against the company during my grievance.

 

The company will probably feel that after I agreed an improved settlement figure that I will not lodge another ET1. If all else fails I will be back at work on the PIP which lasts 8 weeks and probably get the sack. The deadline to lodge a claim is fast approaching under 2 weeks time and the company know this.

 

You would think they would want me to sign the agreement rather than me lodge another ET1?

 

triedandtrusted

[RachelMD]

You'd think so. Certainly sounds like they've made a bit of a hash.

Don't risk not getting the ET1 in if there's a deadline- you can always withdraw it. They may be trying to 'run out the clock' on you.

[triedandtrusted]

Agreed, I think have about a week to lodge it from after the deadline for signing the compromise agreement this week, I am hoping I have this right. I will have to check the dates. I think they are making things as difficult for me as possible and the fact their solicitor is back from their leave on the day I have to sign says it all. They have a team of solicitors any one of which could deal with this.. I am sure they don't want me back at work talking about my experiences when the deadline for me to sign the gagging clause has not being signed. The last year has been very stressful.

 

triedandtrusted

Edited October 10, 2011 by triedandtrusted

[becky2585]

Does the Agreement specifically state that the company property has to be returned before the Agreement is signed - or does the clause actually state something along the lines that you're agreeing to return all company property by the date of the Agreement, which would be more common?

 

Regarding the deadline problem, your solicitor should have advised you on the limitation date point. It is possible however to sign the back page, and then when the finalised version of the agreement is returned to your solicitor, s/he can merely replace the back page, making a fully executed agreement.

 

Your solicitor could also make the amendments by hand and have the company initial each amended page. Dealing with these minor amendments shouldn't be your problem - its the responsibility of your solicitor.

 

You should also issue an ET1 before your three months is up (even if you mention it is protectively) and as previously stated, the claim can be withdrawn when the Comp Ag is sorted.

[triedandtrusted]

I asked my solicitor today about the ET1 deadline and they said it starts from the termination date and not the time when I was verbally told I was being offered termination of contract with compensation or PIP in mid July.

 

If that is the case? then I will have 3 months from the termination date to lodge the ET1. The agreed termination date is 30th September. If this is indeed true I am sure I will be signing by the end of the week. My solicitor also told me today it is unlikely the company will allow me to access their computers for me to clear my personal files. It sounded like my solicitors were happy for me to give the company back their things and for me not to get back my things (from my desk). It looks like they are pandering to my company.

 

I am hoping things get a lot clearer by Thursday when their solicitor is back from his leave. Apparently I have Thursday and Friday when he is back to sign the agreement. My sick cert runs out on Thursday. What are the chances the company will say I need a sick cert for Friday before I sign? I will be seeing my GP on Thursday.

 

In the CA it mentions I have 14 days from the stipulated termination date to return company property and that by signing the agreement I am acknowledging that I have returned everything . Hence I have to return everything and sign by Friday 14th 2011.

Edited October 12, 2011 by triedandtrusted

[papasmurf1cx]

Hi There

 

 

Can my solicitor make the draft a formal agreement so I can sign that instead?

 

 

triedandtrusted

 

Is there any reason that your solicitor is not all over this?