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How to approach a settlement agreement with your employer


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Background

4 years service continuous, rocky employment.

 

Currently working my notice period due to evident constructive dismissal.

 

Despite a grievance being submitted with my resignation no investigation has been commenced and a meeting was held where i was offered a PILON payment to leave that day.

 

How do I approach a settlement agreement proposal with the employer it's an evident breakdown and It will save a lengthy tribunal process

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PILON was just notice period but it's shown me they don't see any prospect of repairing the relationship.

 

The evidence is against them and I want to propose a PILON payment of 6 months salary and I'm gone

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Demotion, breach of contract, withdrawl of occupational health reccomendations, discrimination in terms or flexi working mine was revoked however another was allowed same team same working hours. Mine was in place 14 months before being revoked was revoked to allow promotion only for another colleague to be promoted on her flexi weeks later.

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Sometimes people shout and sometimes promotions don't work out. Neither are breaking the law.

 

Tell us more about the occ health reccomendation, remember it's just a reccomendation and also not legally binding.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The only thing you have that might stand up at a tribunal is possible discrimination in flexi time. If its for family reasons it will have more weight.

All the rest wont have much If any weight at all.

 

PILON will be as your contract states how long they have to give. Its normally one month If your monthly paid

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Was the PILON their idea of a "settlement"?

Did they advise you that you should have a lawyer look over the terms of the settlement proposal and that they would pay for it?

 

Also, I didn't think one could work their notice and then claim constructive dismissal,

I'm pretty sure you need to resign immediately after suffering the detriment, without notice.

 

Since you haven't done that and have started working the notice you might have more trouble than before trying to prove constructive dismissal.

I'm not sure why you think they would offer you six months pay to go one month early?

They'd rather just wait until the end of the month and then it won't cost them anything.

 

What needs to be done is you need to document your grievances in chronological order and then go through each event and see which ones are potentially caused by unlawful acts on behalf of your employer. Tick off the ones that meet the criteria and then see which ones can still be heard by the ET.

 

Depending on the look of that list at the end you'll be able to see whether or not you have any strength to negotiate with the employer and can then approach them with an 'without prejudice' offer to settle but you'll need to first let them know that you have cause for seeking legal redress in the event settlement cannot be agreed upon.

 

If you want you can list the grievances here and then we can have a look or you could ask the CAB or your TU if you belong to one and prefer to keep the details of the grievance private at this stage.

 

Remember, the ET give you less than 3 months to make contact with it so don't hang around.

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