Compromise Agreement payouts?

[SandraW68]

I am about to enter into negotiations with my employers for my employment to end through a compromise agreement. I am just enquiring whether anyone can advise what I can expect to receive. I have worked for my employers for 10.5 years and I know that they will have to pay 10 weeks notice plus holidays accrued. I am just wondering what I can expect for compensation. The reason this has come about is that I have been off sick since August 2012 and am now in the process of claiming ESA and I dont know when I will be ready to return to work so the best thing is if we came to some agreement.

 

Any advice would be appreciated.

[Emmzzi]

Are you a member of a company pension scheme? If so what do they pay for ill health retiral?

 

Its tricky as your legal entitlement is probably notice plus accrued holiday - anything extra is a bonus.

[SandraW68]

Thank you for your reply. The company I work for does not have a company pension scheme in place, I do have a private pension though.

 

Thanks for your help.

[SandraW68]

Hello everyone,

 

I have had an update regarding the compromise agreement. My employer is offering me 3 months salary plus pay in lieu and holidays accrued. Do you think this is a decent enough payout? I am not sure what to expect but I have been off sick since last August and have worked for my employer for 10.5 years.

 

Thank you for any advice given.

 

Sandra:???:

[Emmzzi]

what's your notice period?

 

did your employer contribute to your ill health in any way?

[ericsbrother]

What are the altrnatives?

[Pusillanimous]

You would probably get that anyway, so where is the attraction in a CA?

[SandraW68]

Thank you so much for your replies. Emmzzi I have spoken to Acas and they say I am entitled to 10 weeks notice plus accrued holidays.

 

ericsbrother I presume the alternative would be for them to keep me employed and I would keep receiving ESA until I was eventually better. The problem being I have alot of health problems and I am not sure how long I am going to be off work.

 

Pusillanimous you mention that I would probably get 3 months pay anyway so really they are not giving me any incentive really - I was thinking they should pay me a little extra as I have worked really hard over the past 10 years including doing overtime when needed and not being paid for it as well as I was responsible for setting up a new office for them in another town. I didnt get paid extra for that even though I worked a couple of weekends and had my husband helping me as well.

 

I have never been in this situation before and I dont want to be greedy but I would like what I should be entitled to and not be ripped off.

 

Any advice would be appreciated.

 

Thanks

Sandra :???:

[SandraW68]

Emmzzi, sorry forgot to reply to your question. Yes my employers did contribute to my ill health. When they first employed me in 2002 I told them about my ill health (ie suffer from crohns disease) and they were fine about it. In 2003 they "employed" another boss and whenever I was off sick he would have me in and saying they cannot manage with me having time off regularly. Anyway over the years I have been in and out of the office defending myself and I have given them access to my medical records twice but they still kept on at me. So yes I think they did contribute because I was stressing about my job all the time and if ever I had been off sick I was dreading going back to work.

[Pusillanimous]

SandraW68 Sit tight. Don't sign any CA you are not happy with. Perhaps a year's salary might be fair compensation (perhaps reduced by up to 35% for a speedy acceptance). From what you have said, I would submit a Disability discrimination grievance under the EQA clearly spelling out that they have contributed to your long-term ill health and that you are confident you would qualify under the Act. Mention what reasonable adjustments could have been made, but was not. (For example, phased returned to work; home working, etc.) Give a brief summary of what you have stated above, with dates. Chase up for a response after 14 days.

 

Make sure you submit an ET claim within three months of your grievance (?) (check what the deadlines are).

[Emmzzi]

I wouldn't sign either as you waive your right to an I'll health claim later. Would your gp think work stress was a contributory factor? Would they write a letter to that effect?