Capacity to sign Settlement / non disclosure agreement

[Reactive]

Last week I signed a settlement and parted ways with my employer. I did not want to leave however my position was made untenable, I’d be forever looking over my shoulder with no further opportunities in the company.

I was bullied out. It was the perfect storm. I’m absolutely crushed. My confidence, self esteem and general sense of self is on the floor and on top of this, Corona and working in a pretty niche area where everyone knows of everyone...god knows how I’ll get back on my feet.

I don’t remember signing the settlement... due to the bullying and harassment I’ve been struggling with stress induced psychosis and under the home treatment team. I don’t remember signing the thing.. but it’s there with my signature on it along with a video diary of me talking shite about magical ants ..

Should HR have stopped this happening? I was in no position with any capacity at all to make such a decision

Were you given the opportunity to seek legal advice and did you take it?

A settlement agreement is not legally binding unless you have had independent legal advice upon its terms and effects. Nothing to stop you taking the money and still making a claim against them!

Im an employment lawyer. Unless it only waived contractual rights it will not have been binding anyway unless a solicitor explained it all to you and signed it off.

The settlement had to be endorsed by a solicitor which your employer had to pay for

I'd see about getting your own legal advice. I've read a lot of people have legal cover in their home insurance, might be worth looking at.

I’ve been struggling with stress induced psychosis and under the home treatment team. I don’t remember signing the thing.. but it’s there with my signature on it along with a video diary of me talking shite about magical ants ..

I'd say this would show that you weren't capable of signing. Problem is any HR is there to protect a company, not the employee, so they wouldn't automatically step in to protect you.

What I’m hearing is that it’s signed on dotted line and regardless of how much I understood what was happening, it’s done? Ethics and morals aside, the company has no further responsibility toward me?

I spoke to a solicitor, they sent a letter to say they’d advised me and invoices my company directly.

The legal presumption is that you had capacity and you will need to go some way to show that you did not have capacity. Can you get medical evidence from your treating team to show a lack of capacity? This has to be at the time of signing the documents.

”What I’m hearing is that it’s signed on dotted line and regardless of how much I understood what was happening, it’s done? Ethics and morals aside, the company has no further responsibility toward me?”

The whole point of the solicitor is to make you sure understand clearly the implications of the terms of the agreement and understand what you are signing.

Not sure why HR “should have stopped this happening”? They would have no reason to know whether you had medical capacity.

The company pay for a solicitor in order to ensure your rights are made clear to you. They would have no reason to believe you did not understand what you were signing.

It sounds like your complaint should be against the solicitor not the company.

What do you actually want to happen here? Are you not happy with the outcome, do you want your job back...?

You had legal advice and you did sign it, so what are you not happy with exactly...Just the fact you don't remember it?

I don’t want my job back, I’m trying to work it all round in my head so I can feedback any learning to my old HR dep too about how the whole situation was handled.

It’s v v hard not being able to talk about this to anybody irl

Call your solicitor. Most of us are still working remotely and will be available by phone.

If you were incapable of understanding what you signed at the point of signing it, it is invalid. Like StealthMama said though, think very carefully about what you actually want to happen next.

If it were proved you were not in a position to sign it, it would be null and void - effectively you'd be back working and in a position you don't want to be.

You sound liked you may have a case for constructive dismissal. This would involve the agreement being voided, you then resigning and bringing a case against them.

Did you get a financial package as part of this settlement? You should take legal advice before taking any action because you could end up with less money than you already have.