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Settlement Agreement Figure(3 Posts)
Hi everyone, I am writing to ask for help please. I have been involved in a protracted dispute with my employer which has resulted in me being signed off sick since the middle of last September, a grievance being lodged (plus a total whitewash reply despite physical evidence being provided) and now I am preparing for a grievance appeal and have contacted ACAS.
The full story is over on the Employment Issues thread but basically it involves discrimination for disability reasons, health and safety breaches, failure of duty of care, bullying etc.
Initially I asked to be redeployed but they refused to even address that or to discuss a settlement agreement. Due to the way they have behaved, I have no trust of faith in them anymore and am now suffering from things that I never previously had such as very high blood pressure and anxiety disorder and as a result I don't want to go back now.
I do however have to come up with ideas for a settlement agreement. I have 9 and half years complete service, no disciplinarians/bad appraisals/management performance stuff against me and have been excellent at my job. The problems started when a new manager came 19 moths ago and he moved us all into a really unsuitable space to work.
I want to ask for a year's salary which is under the limit for a tax free ex gratia payment being £27K approx to take into account:
*injury to feelings,
*length of service,
*my age (mid forties),
*how long I may be out of work
*to drop any legal claims I may have against them ( I have been advised there is a disability discrimination case but also the bullying, failure of duty of care, being pushed out of my job etc as secondary factors)
I also want to be paid for the outstanding annual leave I have accrued
*an agreed reference
*that sick leave not be mentioned to future employers as the reasons (stress and high BP) have been as a direct result of my employer's behaviour
* to write my own farewell email to colleagues (can be approved b both sides)
My employer has received a lot of high profile PR this year through staff being decorated in the honours lists, rankings as an organisation etc and so I doubt they want the negative PR.
I know that there is a 'formula' for calculating a sum but it is based on redundancy and I would only be eligible for statutory redundancy and I also object to that as I am not being made redundant. I have, to all effects and purposes been pushed out of my job and they have made it impossible for me to go back by refusing to make reasonable adjustments or even address my request to be redeployed.
Can someone advise please about things. The above is my 'wish list'. Thank you
Hello, sorry you have had such a horrible time! I'm afraid I don't know what is standard but thought I'd share the details of the settlement agreement I got so you have something to compare to. I had been with my employer for 3 years and was given notice of redundancy shortly before I went on maternity leave. I was replaced by someone who started on my last day so clearly the role wasn't actually redundant. There was also another job advertised at the time within the organisation that I would clearly be qualified for, but was not considered for that role because I was about to take maternity leave.
I spoke to a solicitor (actually my mate but my employer didn't know that) and she suggested I ask for a settlement agreement rather than fight it. At first I was offered nothing other than statutory redundancy but eventually they offered me the enhanced maternity pay I would have got if I had still been employed, plus an additional 3 months pay. I also got an agreed reference. In turn I had to agree not to sue and also agree not to discuss the details of the agreement - am presuming it's ok to do so anonymously on mumsnet though!
Thanks so much hazelnutlatte it is good to know that there is room for negotiation rather than just an agreed formula
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