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Grievance Appeal/Settlement - urgent help please

(4 Posts)
Arkengarthdale Thu 10-Mar-16 12:56:15

Hi

I've posted previously about raising a grievance about my management and how they have removed all tasks and responsibilities pending a re-write of my job description. They did not rewrite the JD so effectively my job was taken off me. I am now on the redeployment register. I am also currently off sick with depression and anxiety caused by management's treatment of me. I have a written Occupation Health report that states that the depression and anxiety is caused by work.

There have been very few suitable alternative roles available, and due to sickness I have been unable to attend interviews. I did attend one suitable interview and passed the interview with flying colours but due to my being off sick I was not considered suitable for the role.

I have asked for a settlement agreement and have just received an email stating they will terminate my employment on grounds of ill health, following sickness absence procedures which will mean basically eight weeks' paid 'notice'. It would appear that I will also have to sign a settlement agreement but have no detail on what that would entail.

To complicate matters, I have an interview tomorrow for an alternative role in the same company but am still off sick, and the Appeal hearing is due to be heard on Monday. This 'settlement agreement' offer is conditional on not going ahead with the appeal hearing and will be rescinded if I consider other jobs in the organisation.

I need to leave this toxic environment as I have never done anything wrong, but I need to ensure my future is secure. I asked for 12 weeks' pay and a good reference and this is the response.

Is this good? My union rep says it should not affect my chances of getting a job in future as the ill health was caused by this particular employment. Union rep is lovely but weak - this offer was sent to her by management two days ago but I have just received it now.

What on earth should I do? Union rep is uncontactable by phone, and Citizens' Advice are fully booked until next week. The only drop-in clashes with job interview tomorrow!

Sorry for length. I should be so grateful if anyone has any advice.

Thanks in advance

flowery Thu 10-Mar-16 16:05:27

"The Appeal hearing is due to be heard on Monday. This 'settlement agreement' offer is conditional on not going ahead with the appeal hearing"

But you are not in a position to decide whether the terms are acceptable until you have seen the agreement itself and taken legal advice on it.

I would suggest emailing the person who sent you the offer, acknowledging their offer, saying you understand that the settlement will be conditional upon dropping the current dispute however you are obviously not in a position to make that decision without sight of the agreement and legal advice. Therefore could they confirm that the appeal hearing will be postponed rather than cancelled, in order to give them the opportunity to send you the agreement and you the opportunity to seek advice on the implications of signing it

AnotherEmma Thu 10-Mar-16 16:15:13

I think you need specialist advice before making any decisions or signing anything. Here are some options:

- If your local CAB has a phone advice line (ours does) give them a call.

- Call the ACAS helpline on 0300 123 1100.

- Look up solicitors that specialise in employment law and see if any offer a free or low cost initial appointment. (CAB should have a list of solicitors if you can talk to them.)

Arkengarthdale Thu 10-Mar-16 17:50:41

Thanks to both for your responses.

Citizens' Advice rang me back with a cancellation so I was able to go and see them. They gave me some helpful advice and a list of employment lawyers.

My union rep was on day off but still had her work mobile switched on so she forwarded me the draft settlement. All I need to do now is get the draft agreement in front of a solicitor but I am trying to do this through my union's lawyers.

I am trying so hard to get another job but part of the draft agreement is that I have not been offered alternative employment. By sheer fluke, one of my job interviews tomorrow has been postponed so at least they won't have the chance to offer me anything before the agreement has been checked smile

Thanks again for input

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