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Settlement or compromise agreements anyone gone through this?

(7 Posts)
sportinguista Mon 17-Nov-14 06:59:00

My counsellor has suggested a settlement agreement as a way of ending my employment with my current employer due to a fairly traumatic 12 months and a complete impasse in the situation. Has anybody gone through this and how long did it take and how much should I expect from any settlement?

I have worked there 10 years so I should get something. I just want to make a clean fresh start even if it is temping as have been very unhappy for a while so am keen to move on. Can anyone advise?

Duckstar Mon 17-Nov-14 07:07:30

You need to speak to a solicitor specialising in employment law. They can advise if you are likely to be offered one by your employers. Compromise agreements are not binding unless you've been advised about what agreement entails.

sportinguista Mon 17-Nov-14 08:17:11

I should know more around Tues/Weds. I think my counsellor is going to be able to advise next steps. I think work will see this as the best way forward. Otherwise I think it will be a case of resigning and moving on. I don't think they'll want to dismiss through ill health because of the time that will take, I think they will very much want to move on too. I feel that's the only option.

flowery Mon 17-Nov-14 08:19:33

I think your counsellor is speaking way outside his or her remit here.

An employer is mostly likely to offer a settlement agreement if the following apply:

- they want the employee to leave
- they are not in a position to dismiss the employee safely and quickly
- they have no reason to believe the employee is likely to resign anyway, thus costing them nothing,

and/or - they are imminently vulnerable to some kind of legal claim.

I think it's unlikely your counsellor knows any of those things.

Your length of service is entirely irrelevant as to whether you'll "get something". Settlement offers are a commercial decision, so the amount wil depend on the extent to which the employer is vulnerable, how much that might cost them, balanced against to what extent they think the employee is likely to take things further.

If you go to them and ask for a settlement, you will be indicating that a) you want to leave anyway and b) that you don't want to pursue whatever claim you think you might have further. Neither of those things are likely to result in a lucrative offer, however that's not to say it's not necessarily worth asking, if you are going to leave anyway. Clearly if they come to you offering an agreement you are in a much stronger negotiating position.

If you can describe the circumstances which are leading you to believe your employer might be prepared to pay you a sum to leave, it might be easier to advise you on the likelihood of that happening.

flowery Mon 17-Nov-14 08:21:01

X posts. Your counsellor shouldn't be advising on next steps. If you might have a case for some kind of claim, it is a solicitor or similar you should be speaking to about how to approach that, not a counsellor.

atticusclaw Mon 17-Nov-14 08:25:05

I have PMd you. I'm an employment lawyer and run a specialist employment law firm. If you email me and explain what has happened I am happy to steer you in the right direction. Just because you've worked somewhere for a long time doesn't give you the right to anything at all and so you do need to be careful. please don't take your counsellor's word for anything since they're unlikely to know anything about employment law.

sportinguista Mon 17-Nov-14 13:20:55

Thanks for your help flowery. I don't really know a great deal about these as it just came up as a suggestion as things have reached a bit of an impasse. I'm keen to move on from the whole situation and get on with a new start in my working life.

It may be that I should just resign and draw a line under things no matter how I feel about them. I'm not precious about getting something, the thing I want most is my life back and to move on and do my best for another employer.

I am in a situation where I feel bullied due to overloading, undermining and capability proceedings after returning from both stress and a miscarriage earlier in the year.

I'm normally a very strong person but this has torn into me very badly and I feel that a parting of ways is totally the best move for all parties concerned.

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