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Suggesting a compromise agreement in appeal letter

2 replies

aandme · 12/12/2008 09:47

Hello - following on from my other post re appeal letter I am considering suggesting a compromise agreement.

My trust is totally broken down in them as an employer. I have raised two serious greivances, one against a director which they now have to deal with. Therefore if they uphold my appeal, i drop my grievances and we do a compromise agreement. Surely its a win win situation?

Any comments on putting this in the appeal letter or talking about it at appeal hearing would be very helpful

Thank you all your HR bods that share your knowledge. It goes a long way at a very difficult time

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flowerytaleofNewYork · 12/12/2008 11:50

You could make a 'without prejudice' offer to compromise. But the trouble with you doing that is you are automatically putting yourself in a slightly weaker position.

If you offer a compromise before the appeal has even been heard, or your grievances, they may feel that either a) you clearly don't want to be there and therefore will resign if you are reinstated anyway, or b) if you are not resinstated, you either don't believe you have a good case for a tribunal or are not willing to bring a case anyway.

Therefore the employer will not feel they need to offer you a significant sum to compromise, or may just refuse the offer at all and say you are welcome to resign if you feel you don't want to work there. Depends how strong they feel their case would be, how much it would cost them, how keen they are to get rid of you, how serious they think you are about bringing a case, all those things.

Personally I would wait a while, and hope they come forward first. Are your grievances going to be heard soon - are there dates arranged and so forth?

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aandme · 13/12/2008 12:10

Thanks for your reply - I hadn't thought of it that way so I will not mention anything. Appeal is this week. They have said they will not look at greivances until after that. It annoys me because when I was suspended I said I wanted to raise grievance and was told they would not consider it now so wait until end of disciplinary... which I did - I hope that means they can now ignore it - if they don't deal with it I can only conclude that I was purposely mis-led so as to not raise grievance before.

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