Advanced search

Urgent advice re compromise agreement?

(2 Posts)
SQL Mon 11-Jul-11 10:00:34

Hi - if anyone has been thru' this would interested to know what is reasonable to ask for a rapid resolution?
I work in a field wher I get Xk basic & X bonus for perfomance against target, and have always met my annual target except last year when I didn't and had already started a grievance procedure for bullying against my manager who as done things that appear to have deliberately scupper my chances of achieving. I also have a flexible agreement which I beleve he was trying to get rid of. I am 50 and one of the few remaining employees on a final salary pension scheme, and teh only one with a term-time working arrangement. My salary is a reduced amount pro-rata for my flexible time (term time), but my target has never been reduced - ie is the same amount as others who work full time.So i have rasied a grievance, although they have been very slow. In the meantime, at my insistance i have been temporarily assigned to another manager.
However, I think my confidence in the compnay is such that I don't see a happy outcome, and that the result will be me leaving.
Any view on whether it is better for me to leave and pursue a contrcutive dismissal, or now ( what I would prefer) to suggest a compromise agreement?
If the latter, what level would pitch it so that accept and I avoid the trauma of a tribunal?
Andy advice gratefuly received!

flowery Tue 12-Jul-11 09:56:42

On what basis would you be suggesting a compromise agreement? If you come to your employer and say you want to leave the only reason they have for agreeing to a compromise agreement (I assume you want them to pay you some additional money?) is if they are convinced you have a good case against them for something and are fully prepared to go to tribunal.

You only mention bullying really, and that a grievance is ongoing, so on that basis it would be incredibly difficult to bring a claim of constructive dismissal and you would probably be unlikely to win. This means your employer has no incentive to accept a compromise agreement. By asking for one yourself (rather than proceeding as if you are going to bring a claim and waiting for them to offer you one) you are indicating that you a) want to leave anyway and b) don't want to go to tribunal.

Yes I agree your targets should be pro rata, but unless they have been pro rata to date and your employer is suddenly increasing them, I can't see much of a claim for constructive dismissal there tbh.

Join the discussion

Registering is free, easy, and means you can join in the discussion, watch threads, get discounts, win prizes and lots more.

Register now »

Already registered? Log in with: