Any Employment Lawyers or HR people around?

[Marie2023]

I could really do with some guidance, if that’s OK.

Basically I have been bullied at work by a very senior member of staff. The Board are now involved. It is clear that me and the member of staff can no longer work together so I have offered to leave.

I have been told that I will receive a ‘generous payout’. The thing is, I don’t know what I should be expecting. Given the time of year, I may be out of work for some time.

So what does a ‘generous payout’ look like, in relation to monthly salary? Any ideas please?

Thanks.

Depends on your position, length of service and possibly other factors, such as what happened. But as part of that payout your company must pay for independent legal advice for you, and your lawyer will scrutinise the settlement agreement.

Thanks @devildeepbluesea there has been no talk of lawyers. I think they’re just expecting to write me a cheque.

I have been there just over a year with no performance concerns.

Typically they will pay you in lieu of your notice plus give you circa 3 months pay as an ex gratia payment. That’s a typical offer. Some might look at what you would have been eligible for if the role was redundant and offer that instead. But there is no rule as to what the offer might be - it goes on a case by case basis. To the extent that a payment is true compensation it might be offered tax free (to a limit of 30k)

Your company will provide you with funds for a solicitor. IME generous payout is never that generous, you can probably expect a month’s pay for every year you have been there and need to sign a NDA.

If you’ve been there less than two years their offer is likely to be lower since you can’t sue them for unfair dismissal (although might still have a discrimination claim)

@Marie2023 with under a year I think you won’t be offered more than 2-3 month’s pay probably tax free.

Why have you offered to leave? The board needs to deal with the bully, you shouldn’t have to leave.

I’ve been there for 14 months.

The magic date is two years

How much trouble do they think that you can cause? How bad was the bullying? Did it relate to a protected characteristic (e.g. sexist, racist, ableist)?

Ask them to pay for a consultation with a solicitor who will advise you what you might expect should you win a tribunal.

Make sure you negotiate for a positive reference as well as a payment. And be wary of the terms of an NDA.

I’d say with only a short period of time with the company it’s unlikely you will get much unless they are really generous. Maybe paid in leiu of notice. It does mean if you take a payout you sign an nda and take no further action regarding the bullying behaviour so it’s up to you once they make an offer if you take it or just decide to hand your notice in and leave as normal.

sorry to hear you are going through this.

Also, if it isn't a redundancy payment then it will be subject to tax.

Thanks @Niallig32839, it is an awful time. I have an appointment with the doctor tomorrow and am thinking of asking for a note to stay off work until this is sorted due to the stress.

I wouldn't bank on it being very much. You've less than 2 years service which means you've limited options for any legal claim, you can't claim unfair or constructive dismissal but could make a discrimination claim.

You're likely to get your notice period plus an additional sum. No one can tell you how your employer defines a generous payout.

And yes, you'll have a compromise agreement to sign, with NDA included. Your employer should pay your legal fees to get advice on the agreement. Make sure you agree wording of a reference as part of the agreement.

You're "generous payout" should be tax free, assuming it's less than £30k.

Also, another thing I would like to ask, the person who has been bullying me sent me an email last week outlining all the things she was not happy with. Most of which were not based in fact. It was awful to read.

But the worst part about it is the Executive Director of HR read an earlier draft of this email and revised it as she said it was “too nice” (I have this in writing).

Am I alone in thinking the Exec Director of HR is complicit in the bullying? Or at the very least unprofessional?

what did the email say? If it was about your work performance ans HR saw it I doubt it was bullying material. HR usually know what language is acceptable to us. How do you know HR edited it?
as you have offered to leave I don’t think you have much to bargain for to be honest.

I got three months after leaving because of poor management (I was basically doing my managers job). I might have gone for six if it wasn't a charity, I also found a report highlighting that I wasn't being paid enough that had been ignored. Are there any discrimination grounds that you can challenge them on that will give you more leverage? But as you have been bullied out, I would start at six months, I was advised that wasn't unreasonable as a starting position. It also depends how long you think it would take you to get new work, as it would be unfair for you to be out of pocket because of their bullying.

Thanks @MurielThrockmorton. I am going to take your advice and go for 6 months. It could take me that long to get a job.

@Marie2023 its impossible to tell with out more context. You said there are no performance concerns so presumably the email wasn't about that. So what was it about?

@soupmaker I work for the boss day to day and also support this other person, let’s call them ‘The Bully’. Boss lady has never raised any concerns with me (trust me, she would if there were any).

The Bully loves me when I am prioritising her work, which I do most of the time. She always gushes about how wonderful I am, such a superstar, etc. completely over the top. If I need to prioritise the boss’s work (rarely), she doesn’t like it, does things like demands to see my To List then goes through it saying none of it is more important than her work. For the record, I have never missed a deadline.

She also felt I was rude to one of her team. It was a misunderstanding, I apologised immediately, but she is still ranting about it.

I caught Covid and was very sick (had not had it before). She immediately sent me a long list of things she wanted me to do ‘When you are back’. I felt pressured to return to (virtual) work after 2 days, in spite of being actually quite sick.

So, what has your actual boss said to you about the situation? If they are happy with you presumably they're sorry you've offered to leave.

You shouldn’t check your work email when you are sick. The list was for “when you are back”, didn’t mean you had to
return sooner. It’s also not bullying to send tasks for someone’s return when they are sick. She presumably didn’t say come back asap.

Constructive dismissal surely?

No. She has no legal ability to bring that claim.

No. This is incorrect in law.