Suggesting a compromise agreement?

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am currently signed off on long term sick leave with work related stress. Have raised grievance and appeal for bullying by boss but both have not been upheld. I have spoken to a solicitor which even having initial advice was v costly, who has advised I have a strong case for tribunal. I don't think I would cope well with the stress tbh. My employer has not offered a compromise agreement. Has anyone ever approached their employer? I'm not too fussed about a huge pay off just want to ask for my notice pay in full (am currently on SSP) and a good reference for future employment. I don't think that is excessive but my employer has been quite spiteful to date so not sure if they would agree. If i do ask, do I let them suggest the figure? Or do I?

I'm at breaking point in terms of worry and stress so grateful for any advice

Thanks

Hi, I'm not an expert in this area, but I would have thought that if the bullying complaints have not been upheld then your employer is unlikely to offer anything like full pay in lieu of notice as (in their minds) they haven't done anything wrong. I really feel for you, I was badly bullied by my manager (for some time on a small scale, then she really escalated it while I was pregnant).

Personally I was signed off and never went back although remained in employment long enough to get SMP from them. In a way now I wish I had taken her to tribunal as I would hate to think of her doing it to someone else, but for my own sanity I'm so glad I just cut my losses and handed in my notice, I began feeling better almost immediately.

They have no incentive to give you anything at the moment, and if they are being spiteful will be unlikely to do anything for you unless it is in their best interests.

They might start to think it is in their best interests if you put in a tribunal claim against them. Even if they think they have a 50-50 case, many employers would rather cut their own arm off than go to court, so a compromise starts to look very advantageous to them. You can put in a claim without resigning or returning from sick leave, and you can do it without legal representation. If you are already at breaking point with stress then you have little to lose, and it might be cathartic to take action. Once you have submitted a claim then you could broach a compromise (or ask a lawyer to suggest it to them, if you can't face dealing with any of this). Obviously you should only think about doing this if your case really is a strong one - we don't have the details here to advise if this is as cut and dried as you believe. Do you think that raising a tribunal claim will damage the relationship with the company any further than it has already been damaged? If so, you need to take that into account.

A good employment lawyer should have given you your first appointment and advice for free, by the way. If you are very clear on the instructions you give your lawyers you can control costs (EG don't vaguely ask them to check up things for you, but instruct them to 'make a telephone call', 'draft and send a letter', etc; this keeps the fees manageable)

Also check your house insurance as it may have legal cover rather than you spending your own money on trying to resolve it :)

Am in a similar position OP, though have not yet extended to a formal grievance. This is my current course of action if of any use.

Currently off with work related stress and I initiated a meeting to discuss concerns towards the end of my current 'fit note'. Had the meeting today actually and my options were made very clear: Return to work and work through the issues on an informal basis or return to work and put in a formal grievance.

They said they can't respond to the concerns I set out until they have had time to consider them and we have a further meeting in the diary for a future date.

I don't feel that I can return to the office on either basis as the 'reason' I can't work will still be there to line manage me!

I've taken some advice (straight after - forward planning!) and was told that they are clearly following internal procedures. If I still felt that I was completely unable to return to work despite the (largely reasonable) courses of action that have been proposed, it has been suggested that an alternative course would be to set out my grievances in full (in your case stating why you feel the need to take your grievance to a tribunal) and at the same time sending a 'without prejudice' letter stating that given the breakdown of the working relationship you do not feel that you can continue in your employment under the circumstances and inviting them to consider a compromise agreement.

While I am not sure what yet to do on the basis that I was advised that the course they are proposing is an effort on their part to resolve the situation, it does appear that you have definitley gone through barrier. Is it worth taking further advice on whether this course of action has legs?

"I have spoken to a solicitor which even having initial advice was v costly, who has advised I have a strong case for tribunal."

They would say that as there is money in it for them. Go speak to CAB and see if they say the same.