Help with compromise agreement

[maka]

ok here goes i'll try not to miss anything..

 

back in oct 2011 i asked to change my shifts at work in a call centre due to child care issues and my wife being pregnant but struggles to move due to SPD (this is were her hip dislocates from the pelvis making very painful to walk. in a nutshell)

 

i asked my employer to change my shifts as i would struggle to do late shifts as my wife can not carry our 1yr old to bed and i would not get home til 10pm.

my request in writing fell on deaf ears and to this day not heard a thing i would also like to add here i have not been on the call centre answering calls for the best part of 12 months due to the it team not being able to fix my login details so i was asked by managment just to come in and sit down for my shift. i was told to come in and get on with my shifts and if not my job would be at risk due to being awol lets just say the situation got the better of me and since mid nov i have been off sick with work related streess and depression for which i am on medication.

 

While off the company annouced they would be making redundancies on a complusory term to which i offered to go as i felt i was being treated like a dog. come in sit down and ignore my requests. i feel i have been bullied. victimized for what i see as a reasonable request.

 

i was called in for a meeting and was told i was not accepted for redundancy as my stats were very good and they cannot accept my request for VR as there is an open complaint due to my shifts.

 

i was then offered a CA i was told i would get what i would be entitled to if i were made redundant however the CA would stop me claiming against my employer for them not following their procedures like my shift request and also the fact they have caused a mental heath problem that i now have to fight for i dont know how long.

 

i am 31 worked for my employer for 5yrs 7months

 

i have been offered around the 5k mark as a pay off but must drop the cases agaist them and also must sign another contract which stops me selling my story as the employer gets plenty of bad press already.

 

is this offer one i should take or ask for more as i have a couple of stong cases against them

 

will having a CA affect my chances of getting jsa or council tax help?

 

thanks

[johnvernon74]

Compromise Agreement's are usually taken to a solicitor to look over (at employers cost). I'd suggest you seek legal advise.

 

If you took VR how much would you receive?

[maka]

still waiting for the CA to come in the post and i have an appointment with legal

 

they will not let me take VR due to on going complaint but if they did it would be the same

[johnvernon74]

So in reality the CA does not benefit you in any way. Get yourself a legal view on this.

[maka]

thats what i thought but this is the first time i have heard of a CA. so no idea what to do, as soon as the CA comes i will be heading to a solicitor

[bonnygirl]

As I understand it CA's are tax free, but you should get some advice on it and asked your employer to pay the cost of him/her looking over the agreement for you. Also you could asked them to give you a good reference for your next job. Not sure if the CA would exclude you from benefits.

[johnvernon74]

If you have received SSP from your employer while of sick then CA would not exclude you from ESA benefit. Just ensure you get SSP1 when you leave work as benefit office will ask for and you will have to disclose capital of CA but should not effect

[maka]

If you have received SSP from your employer while of sick then CA would not exclude you from ESA benefit. Just ensure you get SSP1 when you leave work as benefit office will ask for and you will have to disclose capital of CA but should not effect

 

i get full sick pay for 6 months so will i still need ssp1?

[papasmurf1cx]

Sounds to me that they are trying to get rid of you because they know they have mucked up and if you cotton on to what they have done to you they will pay out a lot more than they have offered you.

 

Have you taken legal advice? I suggest you do.

 

There may be an issue of Associated Discrimination but I am not sure as this is a new area of law, so get advice.

[Bigredbus]

Hi,

 

One of the conditions for a Compromise Agreement (or Compromise Contract in relation to discrimination claims) to be valid is that the employee must have received advice from a relevant independent adviser, who's fees are generally paid by the employer.

 

If the offer is not satisfactory, I suggest that you approach an employment law firm and get a lawyer to assess your case... the first half hour is generally free.

[maka]

Hi,

 

One of the conditions for a Compromise Agreement (or Compromise Contract in relation to discrimination claims) to be valid is that the employee must have received advice from a relevant independent adviser, who's fees are generally paid by the employer.

 

If the offer is not satisfactory, I suggest that you approach an employment law firm and get a lawyer to assess your case... the first half hour is generally free.

 

hi still not had my ca through as soon as this happen i will seek legal advice and keep u up to date

 

as i see it i can take action due to stress on me, myalready ill pregnant wife them not following goverment procedures on flexible hours ( when they are others who have family flexible hours in my office who are not carers nor do they have children or the children they have are above 16.

Edited February 21, 2012 by maka
update