Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Negotiating a settlement agreement


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 660 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all, I’ve managed to get myself into a bit of a mess negotiating a settlement agreement with my employer.

 

I’ll try to summarise a long running and complex situation as briefly as possible below:

 

  1. I have been with my current employer for 4 years.
  2. My employer ordered me to relocate and I refused.
  3. My employer threatened me with disciplinary action for breach of contract (termination) if I refused to relocate or resign.
  4. I hired a solicitor on a no win no fee basis to threaten unfair dismissal and negotiate a settlement package.
  5. The solicitor’s fee was 25% of any settlement which I believe is about average.
  6. After two months of negotiations my employer completely unexpectedly reversed their decision and said I could continue to work in my current location.
  7. Whilst at first glance this looks like a good result, the solicitors’ terms state they will charge 25% of three months’ salary if I remain in employment.
  8. I knew this when I signed up but did not consider it an issue since my employer had already threatened me with dismissal and had made it clear I could not continue to work from my current location. By changing their mind, they have completely changed the dynamics of the situation.
  9. I asked for an ex-gratis payment to cover the lawyers fee and my employer refused.
  10. My solicitor has told me if I refuse the settlement and resign, I will still be liable for 25% of three months’ salary because they have negotiated a settlement and I have refused it.
  11. So now I am in the situation of having to pay a month’s salary to keep my job or paying a month’s salary if I leave. This seems unreasonable to me.

 

So now to the current situation:

 

  • I have reason to believe that my employer has refused an ex gratis payment as they are unaware of the solicitor’s negotiation fee and think I am just being greedy asking for more money.
  • They have already agreed to pay the solicitors contract review fee as part of the settlement which is separate to the negotiation fee.
  • The solicitor would take 25% of any ex-gratis payment as part of their fee and any remaining amount would go towards the 25% of three months’ salary.
  • I feel that the solicitor does not want to push for an ex-gratis payment as they are more interested in protecting their fee than representing my interests.
  • They do not want to reveal their charging structure to my employer as they fear my employer will use it against them as a negotiating tactic and try to reduce the percentage.
  • I am thinking of initiating a protected/without prejudice conversation with my employer to explain that I am not simply digging for more money but will struggle to pay the lawyers negotiation fee which they are most likely unaware of.

 

Is this a good idea?

 

Is it normal that the employee picks up the negotiation fee in these situations or should I push back on this?

Link to post
Share on other sites

25 minutes ago, mantis shrimp said:

push back as hard as you can, if only for no other reason than that if you don't you will certainly get nothing. 

 

Yes I agree but the solicitor doesn't want to and says I'm wasting my time.  So how do I force the issue? Go direct to the employer or insist the solicitor asks again against their advice?

Link to post
Share on other sites

Hello, I am just back from vacation, sorry for delay.

 

I am unclear what the settlement with your employer is - isn't it simply keeping you in your current job in your current location? What else is on offer?

 

That is essentially what you asked for?

 

It seems fair the solicitor gets paid. I'm not at all sure why your employer would pick up the tab for that?

 

If you can give  more context, there may be an angle I am not seeing.

  • Thanks 1

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...