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AIBU?

to ask for more money?

26 replies

HowToSaveALife · 31/10/2016 16:57

I've been offered a compromise agreement at work, to leave quietly and say nothing to anyone.

There's been a big management shake up and the new manager doesn't like my part of the company. I am the last one left doing that role. She has made no secret of thinking I, and it, are stupid; and the atmosphere in the office has been awful for the past few weeks as we're at loggerheads a bit and she won't speak to me, but she now sits opposite me.

Solicitor says I could sign, or I could ask for double or treble. If I sign, I'll be okay if I get another job quickly. If I got double, I'd be in a better position. Treble I think is out of the question.

I think I'm leaning towards asking for 80% of double, but I'm not sure. The solicitor can advise me that I have a "good chance" but that's it, and I wouldn't want to go to tribunal if I could help it.

Would you accept, or ask for more?

(NB: I've been to four solicitors now, first two wouldn't agree to it in it's current form, second two encouraged me to ask for more but will agree to it if I'm happy. I can't really afford more legal advice, given that I'm losing my job).

OP posts:

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DoublyTroubly · 31/10/2016 17:02

Definitely ask for more. You don't have anything to lose, especially if all 4 solicitors didn't think it was enough

MsJamieFraser · 31/10/2016 17:04

How long have you been with the company? If they are making you self anconfidential clause then I'd ask for double, because frankly they must be asking this for a reason.

Bluntness100 · 31/10/2016 17:04

Ask for more, what harm can it do? They can only say no. Is there no chance they could move uou to another job?

MsJamieFraser · 31/10/2016 17:04

*Sign a

Liiinoo · 31/10/2016 17:07

Why not ask for treble but know deep down you will settle for double? If you 'only',ask for double they will probably try and push you down to 75%. I'd go for it. You have nothing to lose but a lot to gain.

OhTheRoses · 31/10/2016 17:09

Surely you mean a settlement agreement. The agreement cuts off the company's risk. The company will have its own argument about how defendable this is at ET.

IMO your best bet is to sign an negotiate an agreed and very good reference as part of the deal.

I don't understand why you have seen four solicitors.

HowToSaveALife · 31/10/2016 17:23

Unfortunately I'm quite specialist so there's no natural fit for me elsewhere in the company.

OhTheRoses I have to have a solicitor sign to say they agree with the agreement. The first two refused, point blank, and told me to email my company and say they didn't agree.

The third one said they would sign, but they thought I should have a good think about it first. They asked me to visit them tomorrow.

Fourth solicitors happened to call back on my way home, and were keen to talk to me. They said they'd represent me if we went to court, and to ask for more. I hadn't intended to see four. I just wanted someone to sign it, originally!

The agreement already includes a positive reference, although the solicitor wants to go back and get that agreed - at the moment it just says that on request, they will provide a positive reference, rather than what it will actually say.

They've given this to me four days after I asked for support with a disability and I'm struggling to manage all the change and the disability at the same time.

OP posts:

HerRoyalNotness · 31/10/2016 17:25

I'm with a PP, ask for triple and settle at double minimum. You're a specialist, you're worth the fight for more.

SpotTheDuck · 31/10/2016 17:25

OhTheRoses - these documents are normally called compromise agreements.

OP, tell them you've had legal advice, and they've told you to ask for X amount. They'll prob come back with a lower figure whatever you say, so you may as well ask for triple and be prepared to agree double.

OhTheRoses · 31/10/2016 17:26

Extraordinary rsponse from the first two solicitors. Is it not a standard agreement. If it's,labelled compromise agreement I'm not surprised as they no longer exist.

You need to see a copy of the agreed reference.

OhTheRoses · 31/10/2016 17:27

SpottheDuck. They were replaced with settlement agreements about 3.5 years ago.

purpleprincess24 · 31/10/2016 17:28

You have nothing to loose by asking for more, the worst they can say is no.

orangebird69 · 31/10/2016 17:29

Always go in high. I have been through the whole CA process. They offered me 2 months salary. I asked for 18. We settled on 12.

newmumwithquestions · 31/10/2016 17:40

Something similar happened to a friend.
First do not be pushed into signing anything quickly if you do not want to. Take time to consider (I mean days, you can't take a month!).
Secondly they should be paying your legal fees as part of the agreement. (To give you an idea of costs, my friend was offered £500 and a lawyer of the companies choosing but she negotiated £1000 and an independent lawyer of her choosing to assess the agreement). This is enough to get lawyers letters if required.
Third go high. They will knock you down.
Fourth make sure you are getting paid out for any untaken holiday, or proportion of bonus (if you get one) on top of the settlement.
I don't know about your reference but the advice from pp to see it first sounds good.

SpookyMooky · 31/10/2016 17:41

Do you know why the first two solicitors refused? That would be a part of whether it's an ok agreement to sign, or not.

OlennasWimple · 31/10/2016 17:48

If you have had legal advice from two separate lawyers that you should not sign without negotiating more money, why would you sign it without more money?

Isitjustmeorisiteveryoneelse · 31/10/2016 17:51

You have a disability? Well I guess they know they'd be looking at a mahoosive payout if you did go to tribunal for constructive/unfair dismissal with discrimination thrown in. In which case, ask for treble, and the wording of your reference, and let them know two solicitors already said they'd not touch it with a barge pole. Then your company will try to negotiate down obvs, IE they're never going to negotiate up so you may as well ask for the max.

Isitjustmeorisiteveryoneelse · 31/10/2016 17:53

I also would guess the two solicitors said no as they know it could turn in to a discrimination case and don't want you to hold them responsible for not advising you go to tribunal instead of taking, what will undoubtedly be, a lower payout.

Fanofjapan · 31/10/2016 18:01

Normally solicitors' fees will only be covered if you sign. Say, if your employer is offering £500 plus VAT towards legal costs, if there is a lot of negotiation required then you may be required to pay the difference between contribution and solicitors' actual costs. Employer may not pay costs if you don't sign. Also be aware that if you ask for more compensation, the employer may withdraw the original lower offer. And, sometimes if a claim is submitted to an Employment Tribunal, you may have fees to pay, and if you are successful, it may take months to reach a settlement if it actually goes the full way to a hearing.

YelloDraw · 31/10/2016 18:08

It is a negotiation. Ask for 2.5x. Settle on 1.5-2.0x. Or something.

PigletWasPoohsFriend · 31/10/2016 18:11

How long have you been there?

Somersetlady · 31/10/2016 18:11

Apologies not read full thread. Ask for more and legal fees.

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HowToSaveALife · 31/10/2016 18:56

Two years, Piglet. To the day, at the end of my notice period (I'm on gardening leave until then).

They've offered 1 month. I've never seen a settlement agreement before. The template is the one downloaded from ACAS, I don't know what legal advice they've had.

Part of me is worried that they'll say no, and I'll just have the month's notice, but as they've already terminated my contract, I think I'd then have a claim for unfair dismissal?

This is really awful.

OP posts:

Happymumof3tob · 31/10/2016 19:03

Im not someone who would say to use your disability to an advantage....but in this case. I would reapond with your splicitor in writing. Ask for treble. They will knock you down and advise that you had asked for help regarding your disability days ago and arebin complete ahock that this has now been offered to you. They wont want to go though a legal battle and they will be terrified of being accused of discrimination. Maybe not morally right but if it helps you get what you deserve as they are putting you out of a job! Make sure they give you the reference and a copy of it also.

OhTheRoses · 31/10/2016 19:12

Well you have no employment rights. How does your disability claim stack? What's your disability, why exactly are they terminating your employment. What's your salary, notice period and how much are they offering.

Every grievance I've ever investigated boils down to three sides: Yours, theirs and the truth. £350 is a reasonable amount to offer for sols fees. If they are using the ACAS template what exactly are the solicitors objecting to?

I'd offer you stat red, yr notice period plus accrued a/l. If ur gardening, is this yr notice period, due to confidentiality or have been suspended?

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