Offered Compromise Agreement - redundancy/unfair dismissal/sex discrimination case

[dmlferguson]

Hi All

 

Can you give me some advice on dealing with a Compromise Agreement, Please.

 

I got made redundant yesterday (unfair dismissal) and during the meeting was (verbally) offered 3 months salary if I signed a CA. I spoke to my solicitor today and he says it should be more like 12 months due to the severity of the claim and the fact I cant work for 6 months (for a client or competitor - which is virtually everyone).

 

I'm currently unable to even apply for the 2 or 3 roles I'm legally allowed to apply for because of anxiety and depression (due to work related stress). But I can see my former employer ever going as high as 12 months salary.

 

Do I just email them to say NO and let them come back to me if they want? I'm meeting with my solicitor again in 2 weeks to start the ET process. He's suggested sending a Letter Before Action before the ET1 and he'll manage the Compromise Agreement negotiations if there are any.

 

So first step email saying NO or should I be letting them come to me?? Help

[Gbarbm]

Are they going to pay towards the solicitors advice? This I think is normal practice in respect of compromise agreements

[dmlferguson]

They've not said anything other than "we'd like to make an offer of 3 months pay in exchange for a CA. Is this something you would be interested in?". I said I'd speak to my solicitor. I didn't have a clue what I should be expecting and knew not to say too much before seeking legal advice.

[Gbarbm]

I suppose the best thing is to take the solicitors advice.

There are employment law specialists on the forum who will hopefully look in and offer some further advice if necessary

[dx100uk]

how long have you been there ?

there are set 'minimums' they should offer

 

also THEY should be paying your legal costs too as advised.

 

 

also i think if you accept a CA , you negate any tribunal claims

 

dx

[dmlferguson]

I've been there 7 days less than 2 years!!!! Its a sex discrimination case with hurt to feeling too. I cant work for 6 months and I cant fully qualify as I should have been in 4.5 months time. Whats the minimum for something like that??

[dx100uk]

ok

not really my bag

 

just gathering Info for the troops

when they come.

 

tell us more if you want.

dx

[orfoster]

Have a conversation with your solicitor about it.

 

Remember that if you have a potential ET claim on the grounds of sex discrimination then your employer should be aware of that and a LBA from your solicitor ahead of an ET may very well prompt some movement.

 

It also all depends on what value to the solicitors assess your claim at, I would ask them to put together a schedule of loss for your case and let you know what they assess your claim to be worth if it went to a hearing. That will then start the negotiations.

 

Oh and yes, they should pay the solicitors fees in drawing up a compromise agreement usually around £350+VAT but every firm is different. And yes a compromise agreement negates any employment claim, with the exception of personal injury. You mention work related stress, these claims are very difficult to win but you might want to get advice anyway just so that you know your position.

[dmlferguson]

Thanks for your advice.

 

Having spoken to the solicitor and my family I've decided to go all the way to ET. This isn't about money for me so a compromise agreement isn't going to cut it.

 

My solicitor has discussed the LBA but I'll ask for a schedule of loss so I can understand more where I stand.

 

Many Thanks

[dmlferguson]

I've officially sent back a big fat NO. I'll keep you up to date with the progress. I'm sure I'll need all your help through the ET.

[lilly of the valley]

Hi D, (hope you don't mind me calling you this)

 

I send you this reply to let you know that I have just won my unfair dismissal case against my ex-employers and it is all worth it, it can get a bit much sometimes, I don't use the word stressful because whatever we have to endure the end results in matters such as this will be satisfactory.

 

If you have a good solicitor, the battle is partly won. I was offered a compromise agreement after I had won the case, I accepted the offer then withdrew it, the remedies hearing was fast approaching where the employment tribunal would decide what my compensation would be, my ex-employers came to their senses and came to the realisation that I would probably get near enough that which I requested, a couple days after I withdrew the accepted offer they came back to me stating that they would up the figure, this figure was what I originally asked for in order to put the matter to rest.

 

If you know that you have been upright and honest in all that you have done, pursue it and be strong. We always say that it is not about the money but when we are honest we will know that the money matters and that it is recognition that we have been treated unfairly.

 

All the best,

 

Lx

[dmlferguson]

Thanks L

 

I've just had a thought....should I be appealing against my dismissal?? There is nothing within the letter to advise me how but should I write to them and ask? I'm sure ET would want me to exhaust this wouldn't they....even though I know its a sham redundancy.

 

Hope you can help

[lilly of the valley]

Hi D,

 

Although the way you were dismissed was not correct, you need to appeal against the decision, your ex-employers should have this system in place, refer to your staff handbook or ask HR to provide you with a copy of their redundancy procedure & policy. ET will ask you this when and if you get to the point of filling out your ET1 form. Also remember that your ET1 form following the appeal decision from your ex-employers need to be with the Employment Tribunal within 3 months of your dismissal.

 

Question, are you paying for legal representation?

 

 

L x

[dmlferguson]

No appeal for redundancy apparently!

[Prouty99]

I would listen to the solicitor, they are paid to be chess players, and know that any advice that is given which may later come back to bite them will potentially see tham in court as well. So solicitors tend to be ultra cautious.

 

 

I have some experience of employment law cases, and in my opinion compromise agreements are generally something that need serious legal advice, and second opinions before ever agreeing to them. Companies in my experience use them to make problems go away, or to protect themselves from unknown further cost in court wins.

 

 

It's all about risk management..., even the best solicitors can not give you an exact number of what a court will award you. Both defence, and prosecution know this, therefore both sides can only quantify what they know now, rather than what they may be shocked with later.

 

 

I was once awarded a really unusual award, which set UK case law at the time, and was seen across the board as a shock "Novel ruling", which publically embarrased the company, tied them in knots for years to come, and gave me more power to change the workplace than even the most senior of staff.

 

 

Nobody knows what will be in the judges mind, therefore compromise agreements are used to sort issues before anyone does find out what is in the judges head

[dmlferguson]

I'm happy to sit it out and see. I've been put through hell because I asked to spend more time with my kids, ended up seriously ill and now I'm just going to sit back and get well rather than stress about what may or may not happen (did that sounds convincing because thats what I've decided I'm doing!)

[dmlferguson]

Advice needed!

 

I have my grievance meeting tomorrow and I've just received an email telling me that a HR Consultant will be present. I don't want to postpone the meeting because the grievance has already been delayed for 3 weeks by my ex employer BUT this has added to my stress so much. I now feel I have to make sure I've gone over everything with a fine tooth comb and watch everything I say. I've still not got my sleep sorted since I was dismissed and now I know I'll be up all night trying to make sure I'm ready....which will mean I'll be exhausted by the time the meeting comes around.

 

I'm also really disappointed that this HR Consultant wasn't ever brought in or even talked about when I was going through the discrimination or redundancy consultation.

 

I feel I need to tell them this isn't acceptable but also not delay the process any further. Any advice?

[stu007]

Hi

 

If you are concerned about HR Consultant being there I would write to them and request clarification as to what the HR Consultants role will be at the meeting.

[dmlferguson]

They have said it is just to take notes and make sure that he is following the correct procedure. My issues isn't that she'll be there. I wouldn't have had an issue with it at all, had I have had notice of her being there. My issue is that it has been sprung on me, adding to my stress and making me feel further under pressure. I think it is unreasonable to add this so late.

[dmlferguson]

Quick question - after my grievance meeting today my ex employer asked my note taker to send her notes to his note taker so she could make sure everything was included.

 

Should I insist I see them first and they come from me OR should they come from my note taker?

 

Hope you can help.

[2Blessed2BStressed]

My advice to you going forward is that you stop stressing about every step of the process you are going through. I am going through a similar issue (ie grievance, but not on sex discrimination basis) with my employer at the moment.

 

DONT GIVE THE GAME AWAY BY LETTING THEM KNOW EVERY TIME THEY MAKE A MISTAKE

 

In your case this means, everytime they make a move that upsets you, you deem to be unfair/in breach of policy,procedure or statute, just make a note of it to yourself... but ALLOW THEM to make the mistake.

 

This then allows you to use the appeal process and have a very strong case for appeal, it is not your job to remind them to treat you fairly, if they were fair, you wouldn't be in this predicament in the first place!

 

Remember, when you get your grievance outcome you then have TWO bases for appeal:

 

a) appeal against outcome (ie if your grievance is not upheld)

b) appeal against procedure (ie, if your grievance is upheld but you are unhappy with the way they have conducted the process)

 

In the case of them making you aware only the day before of this 'HR representative' being present, bear in mind that what the tribunal will look at is whether they have treated you FAIRLY and CONSISTENTLY.

 

So for example.... if they had asked you for 3 days notice in writing of the name of the person you intend to accompany you to this meeting, in order for them to be FAIR and CONSISTENT they must also allow you the same privilege of having 3 days notice. it might seem like a minor discrepancy... but as you said it caused you major distress and a tribunal will not take kindly to it.

 

But like I said, just take it on the chin, with a smile, then KILL 'EM in your appeal letter.... regardless of the outcome.

 

Just don't let this get to you TRUST ME you are just going through the motions and you have a very strong case, it wont last forever.

 

Well done for not accepting crappy 3 MONTHS CA and keeping your dignity intact.

[bonnygirl]

Sorry wrong thread

[dmlferguson]

Thanks. I think I'm trying to do everything 'RIGHT' even though they are doing it all wrong. Think I'll just sit back and ride the storm from here on in.

[dmlferguson]

Hi Guys

 

I've decided to go it alone and not use a solicitor. I'm starting to fill out my ET1 and was wondering do I need to send a 'Letter Before Action' letter? Do I need to send a 'Sex Discrimination Questionnaire'?

 

Or do I just proceed with ET1 form?

[lbruk]

You can send a questionnaire, but that should not stop you from submitting your ET1 asap. They have up to 56 days to reply to a questionnaire, you'll need your claim filed by then, you are looking at a 6-12 mth wait for a hearing anyway.