AIBU to ask if you've had a settlement agreement with your employer?

[Fedupwithmyemployer]

Ihope this isn't too niche a question!

Just curious really what I could expect when settling a claim outside court. I know that settlements vary widely, but I'm feeling a bit clueless at the moment.

I was discriminated against by my employer, it has been a truly awful experience overall, affecting my mental health and driving me to feeling suicidal. I wouldn't wish this upon my worst enemy.

Throughout this, my employer has vehemently denied everything and has made some quite nasty allegations against me even after a tribunal date was set. Basically, they've been quite aggressive and made it quite clear they're not backing down, and have acted smug about it on top.

Suddenly they want to settle out of court.
My lawyer has made an offer to them, it's tens of thousands of pounds, a life changing sum of money for myself, but something I honestly never thought would be possible for me. Obviously nothing has been agreed yet and I'm expecting them to decline the first offer, but I don't know what's realistic.

Is the initial offer usually overly optimistic or not? Can I expect something in the region offered by a lawyer? Is it normal for an employer to behave the way I described when faced with a tribunal (my lawyer never seemed fazed)? And what are your general experiences of the process? I don't know anyone that has been through this... or well, maybe they're not allowed to tell me!

I know how this works from the other side.

In my experience the company usually makes the first offer, the employee counter offers, few rounds and then agreed. So they will definitely reply with a much lower number, don’t let this panic you. A lot of it is about holding your nerve, especially if you have clear evidence of discrimination.

Things to think about including:

• cost for your legal fees;
• money to cover your medical insurance for a year (if you have it from work);
• right to keep your mobile phone number (and perhaps phone) if you have it;
• part payment of your annual bonus if there is usually one;
• your pension contributions;
• your notice period paid in full;
• an additional amount to reflect the discrimination etc: this figure can be widely variable, so it’s just a negotiation. It can sometimes be for example an additional 6 months salary, a year, the company’s usual redundancy payment etc. Depends how bad they have been and how keen the are to settle out of court.

Definitely don’t take their first offer.

Wishing you the best of luck!

Thanks @Shamoo, even if your experience is from the other side it is still helpful to me as I have no experience at all!

My lawyer seems to be calling all the shots for me, I am just going along with it really if that makes sense. His payment comes out of the settlement. My lawyer says they have to pay up as they want me to give up my job.

My company offers no benefits, like everything is just statutory.

I was offered a settlement agreement, it came out of the blue when my work tried to get me to return after 3 months off for stress. The most horrific time in my working career, horrendous management with no regard for my mental health and welfare due to decisions and mistakes they had made.

I challenged what had been done to make things better for me to go back and what actions were being taken to ensure my manager would repeat her behaviour. Low and behold, offered me settlement rather than actually change their ways, also perhaps realised I was serious and wanted to avoid any real drama.

I settled with a heavy heart as I was very upset I was basically being dismissed and silenced but I don't have any fight in me and I needed to move on.

I feel they got off lightly with what they paid me, but as this all happened right before Covid I was just grateful i could safely stay home for a couple of months with the worry of returning to the hell hole.

I hope it works out for you, move on with your life and don't let them steal any more happiness

From the company perspective, court is expensive. Like £100k for a week long case expensive. So depending on what your lawyer has suggested, they might grab it with both hands.

@Bubbles1st It's disgusting how some companies treat their staff and yet they usually get away with it.

It sounds like they really wore you down and you weren't left with much choice. I don't know how I've even managed to fight this thing... maybe it was a good dose of pregnancy hormones in my case. Even my mum commented how shocked (but proud) she is with how far I've fought this. Yet I still cry often about it all and worry about my future. Sometimes I wonder if my career has been ruined.

Did you negotiate the settlement figure a lot or just ran with all you could?

I hope you are doing much better now. I can't wait to close this chapter of my life and move on as well.

@trilbydoll If I recall correctly, my case is a four day trial. Would this be costly to the company?

@Fedupwithmyemployer it is is disgusting, I'm a strong and resilient person and I let so much go and gave and gave and it just was for nothing and unappreciated. It would have at least been worth it if it was recognised. It got so bad my
Mum was telling me to quit and she would support me if she had to as she couldn't see me like it.

My settlement wasn't huge, like my two month notice period and all my holiday entitlement, I said I was unlikely to find employment in two months and requested to remain employed a further month and they just paid me 3 months salary instead and still terminated me first chance they got.

It was the best thing that could have happened, my partner was/is self employed and we had a big holiday cancelled due to Covid so we suddenly had excess money in the bank from payout and holiday savings and it saved our finances during 2020

I took the plunge and went back to college and now work along my partner, I'm 21 weeks pregnant and couldn't be happier that we both work from home doing a job we love and can both be around for our baby.

My only regret is the bitch manager is repeating her behaviour and it's hard for me to hear what my friends and old colleagues are going through and I'm not allowed to tell them what happened. They think I just walked away..

It's just so criminal... and like your mum my partner kept telling me to quit and I really really wanted to, but simply couldn't afford to. Now I've fought too long to give up. My lawyer still needs to be paid and there were times I did consider walking away from it all and just plunging myself in debt so I could pay off the lawyer. But I can't do that to my daughter.

I know my company have treated other staff awfully and I heard on the grapevine there are multiple tribunals. I don't know about other settlements, but I guess I'm not meant to know!

I'm so so glad you got away from that place though and now find yourself in a much better position. And congratulations on your pregnancy, I bet you and your partner are so excited!