Compromise Agreements

[trickyproblemo]

I am in a difficult situation at work. After months of problems, I followed the Grievance procedures due to various ongoing and unresolved issues.

The grievances were brushed under the carpet.

My Union have said they will try to negotiate a Compromise Agreement.

Has anyone got any idea of what would be usual in these situations? My grievance relates to disability discrimination due to failure to provide reasonable adjustments plus victimisation and bullying from management.

We have lots of evidence to support my claim.

Is it reasonable to ask for several months pay in lieu of notice?

TIA

It rather depends on the claim but by and large you must submit the claim within three months of either the incident, or the date of termination. However, eg in discrimination cases, if you are pursuing an internal grievance process the date of "incident" might be the date of notification of the negative outcome of your final appeal.

Sometimes it's better to put in a claim first and try to negotiate later, other times it's best to try to negotiate first. It rather depends. If your rep is experienced and has a good relationship with your employer, you will be in safe hands. If you have any doubt, chase it.

Hi olgaga you haven't offended me in the slightest :)

OP in discrimination claims your 3 months starts from the date of the incident or end of a series of incidents which does make it a little more pressing, and yes if your union just asks for a CA it will affect the offer. Employers will offer to settle but it stands to reason that the amount they believe is necessary to offer someone who requests a settlement will be less than it would be for someone who is proceeding as if they have every intention of making a claim.

Olgaga has given good advice about dealing with your union and it does sound as though you need to get on top of them a bit and make sure they are acting in your best interests and consulting with you fully.

Thanks olgaga, flowery et all. I have a better understanding now and will try to 'get on top' of my union.

Disagree that your rep is being advised by a full time official. Would put money on the full time/regional rep having absolutely no idea about it.

Most unions have a legal department who in turn can get the union solicitors to respond quite quickly.

Try regional office first. Get the mobile number of your regional rep and they all have mobile phones. If they aren't helpful, then try the legal department stressing that it's a disability issue.

And if there's still no help forth coming, then it may be worth looking at other options.

I signed a compromise agreement many years ago. I had to sign to say I'd had legal advice - but I hadn't. The firm of solicitors being paid to "advise" me were also the union solicitors & my rep was out of his depth. Someone instructed the solicitors not to talk to me - I was eventually informed of this by a sympathetic solicitor (in possession of the humanity that others lacked) who came on the phone briefly to explain what was going on. I signed as I'd been bullied in work & it led indirectly to a serious assault outside work (I did not, could not, tell anyone in work about it ). I signed because I was so traumatised & exhausted I just couldn't take any more. What I did not expect was to be blacklisted but that is what happened. Clearly they ignored the "gagging" clause & discredited me. The bullies lies unchallenged & unrebutted. I guess there's nothing I can do about this except to try to prevent it happening to someone else. I wish I'd gone to a totally independent firm for advice.It may have been futile - but it could not have been worse (notwithstanding fees obviously but they would not have been too great I imagine.)
Look & learn - from my mistake.