Employer offer after raising grievance at work.

[sean110869]

Hi, my daughter is of work after many months of bullying leading to a breakdown, the raising of a grievance and investigation in which we refused to accept the minutes in the meeting my employer offered due to their misrepresentation of what was said. Her employer has now offered one months pay in lieu of notice, plus accrued holiday pay, plus ex gratia payment of one thousand pounds, and finally a 'formal' reference letter. I feel this is not enough but unsure as to what a reasonable counter offer should be.

 

She has been there over three years, always got 100% on audits but suffered a lot of bullying due to her mental health issues (diagnosed), single motherhood (apparently making her a thief) and her age.  

 

I believe a tribunal may well reward me more but worry if we go down this path her mental health would be affected. 

 

Also she receives Universal Credit so should we if this matter is settled request the company calls it redundant due to illness as we do not want her to lose any benefits as she rents her home etc.

[fkofilee]

I speak myself from experience of this. 

I was in the same situation as your Daughter. The difference is that I ended up going down a different route that turned into a Grievance. Long story short - I was offered similar to YD

 

My honest opinion is to take their offer and run as fast as you can. They will go through what youd like the reference to say but it must be factual etc 

This is called a Settlement Agreement. The employer will fund a solicitor to go through the SA with YD to make sure she understands the risks etc.

 

Hope this has helped.

 

[sean110869]

thank you 

[unclebulgaria67]

Be aware that the money the employers pay will be reported through HMRC RTI and will affect how much Universal Credit is due.

 

 

[sean110869]

thank you

[Emmzzi]

The problem with proving bullying in court is that it can be really subjective. One person's firm direction about work to be done is another person's bullying. An investigation into possible theft is not the same as saying she has stolen, for example.

 

And you also need evidence. Quite a lot of evidence.

 

At this stage in her working life a clean reference is worth more than the money. Take the offer and move on with life; she doesn't need the incredible stress of waiting for  tribunal date and all the prep required.

[sean110869]

Firstly, thank you to all who took the time to reply, we have followed your advice and come to a settlement with my daughter's employers, however, there is one issue which I would like your thoughts on. 

 

To follow is the proposed reference. 

 

as a Booking Coordinator from 1 October 2018 until 27 September 2021.

It is the Company’s policy to provide references which only set out an individual’s dates of employment. This information should not be taken to imply any comment (either positive or negative) about an individual or their suitability for future employment with a new employer.

This reference is intended solely for the use of the addressee and should only be used for the purpose for which it was requested and generally treated in accordance with data protection principles.

 

 

This reference is given in good faith and to the best of my knowledge is true and accurate. However, neither I, nor the Company, accept any responsibility for any loss or damage caused to the addressee or any third party as a consequence of any reliance upon the matters set out in this letter.

 

To me the line above is a  polite character assassination by implying my daughter's future employer may suffer losses or damages. Your thoughts please. 

Edited September 18, 2021 by sean110869

[Emmzzi]

That's a bog standard dates only reference. You're over thinking it.

 

If that is the real company name and job title please edit to remove them.

[sean110869]

Thanks Emmzzi, edited as suggested. 

[fkofilee]

I had something similar in mine when I did my SA.

Its normal. I agree with the reference in this instance. Take it and run... 

[Ethel Street]

It's a standard disclaimer, potential employers are unlikely to draw the conclusion that you have. Don't worry about it.

[sean110869]

FKofilee - thank you we got a fair deal if I am honest due to my daughters mental health issues it was better than I thought I would get because as was correctly pointed out to me as long as she is out of the toxic environment with a reference that is better than trying to prove bullying etc. 

 

At least now we can move on.

 

To everyone, thank you for the comments about the reference think it was just the over protective Dad in me, I do not want any one to think ill of my daughter as her issues were caused by abusers who told her if she told me I would end up in prison not them which is something I will always feel guilty about as she suffered in silence. She knew I would have taught them that some people are capable of hitting back and may well not have stopped at simply giving them a taste of their own medicine. Unfortunately as a father of three girls I have found out the hard way I can not protect them from everything but we try to turn the page and move on.