Can I ask employer to give me a settlement agreement?

[thereinmadnesslies]

Has anyone ever asked for a settlement agreement rather than the employee suggesting it? Did your employer agree to it?

In short, I’ve been bullied at work and I was off sick for several months. Work acknowledge that the bully was unpleasant and that the situation was poorly handled by our line manager. The bully has had a warning and retraining. I had a breakdown and lots of psychology appointments. But it was decided that we couldn’t keep working on the same team due to the risk of further actions from the bully, and my job is easier to move so eventually I agreed to move to another team in a different office. Started back at work and I’ve had no induction or training for the new role despite occupational health letters suggesting this. I’m also restricted because all whole office meetings and training take place in the original office, which I’ve been advised not to go to for my safety.

I don’t think I will ever be happy in the new role and it’s not a good match for my skill set. I also have zero respect for the organisation after everything that has happened. So I think I need to leave, and wondered if I could ask to leave under a paid settlement agreement. My job is fairly niche so I might have to wait a few months for something else to come up. I feel like work will be pleased to get rid of me now because the situation has been massively time consuming for everyone. I still need to see the psychologist at £100/session so I need funds for that as well. I think I have a case for constructive dismissal but I’d rather a settlement agreement if possible.

Can I just ask them to consider a settlement agreement? Are employers open to this?

They will bite you hand off if you mutter about tribunal being too much for your mental health and you’d prefer to leave on mutual terms via a settlement agreement (and a glowing reference)

I think you would be wise to consult a lawyer who specialises in employment law to see how strong your case would be for constructive dismissal as this would likely give you an idea of how much you might expect In a settlement agreement and how best you go about asking for one.
It would seem likely to me that you might get one but I have no expertise whatsoever. Good luck though.

An employer needs an incentive for a settlement agreement, such as clear legal vulnerability. It sounds like you haven’t even raised a grievance yet, is that right? By asking for a settlement when there is no potential dispute, you are saying to your employer you want to leave. They need an incentive to say “ok here’s some money” instead of “feel free to resign then”.

Thanks for all the replies, it’s helpfuk to think it through.

Flowery - I raised a grievance about both th bullying and the way it was handled by the line manager. It was investigated by the head of the office, and from that the bully was spoken to and told that they had to attend a programme of training to address their interaction style. I was offered a supported move to any team of my choice or support to return to my original job - I chose the move because management suggested there would be further incidents with the bully if I returned. Prior to that the bully and I had a failed facilitated mediation session. I could raise a stage 2 grievance that would involve escalating it to a senior manager outside the office but within the organisation, but I decided against this in the hope of moving forward and because I’d been promised appropriate training and support to move into the new role. But I told management that any further incidents would leave to me filing the stage 2 grievance. I think/hope they might be so fed up with the situation and the time it’s taking up for senior management that they might consider the settlement agreement? What do you think?

I agree with Casmama. You are best taking some legal advice. The employer might be happy to get rid of you, but they have no incentive to do so. They responded to your grievance, and the matter had been dealt with. You may not be happy now with the outcome, but that doesn't change the fact that you were happy - you agreed. Any attempt to make a tribunal claim based on a grievance that was dealt with is highly likely to fail (constructive unfair dismissal is also nigh on impossible to win at the best of times, and you are a long way off the best), and the employer will know that. So they are hardly likely to make you the kind of offer that you might think you want.

Even for people who win tribunals, and believe me, what you have said here won't win a claim, the average awards are only in the region of £7k or so. That isn't going to go very far on living costs and £100 therapy sessions.

To be clear - at this point in time you have no case for constructive unfair dismissal. Your grievance was dealt with. You accepted the outcome. And nor does anyone have a right to the outcome they want - just to a reasonable outcome. The bully was dealt with. The employer has provided a new role and had put in place measures to ensure you are separated from the bully. There's no case there.

If you have been promised training, you can ask for that training to happen.

So you can ask. But the offer is unlikely to be anything in the region of enough to support your living costs for very long, and the employer has no incentive to make a good offer. As a result, you might want to consider whether getting a new job is a better route - if you don't get a job your bridges are burnt and you have no money. Unemployment is equally stressful and not likely to to improve your position.

I’m also restricted because all whole office meetings and training take place in the original office, which I’ve been advised not to go to for my safety

What is the safety issue? If the bully has been dealt with and your employer has bent over backwards to exercise their duty of care towards you, I don't see how there is a safety issue now ( unless I'm missing something).

Believe me, you've been treated a lot more fairly and proactively than the majority of bullying cases in my experience. Employers either side with the bully or sweep the whole nasty business under the carpet and go into denial. Your bully has been reprimanded, given training and you've been redeployed to a new post. To me that's the action of a very responsible employer. I'd be clinging to them (especially if you're in a niche role) not trying to leave.

Can you get some timescales agreed for your training, that seems to be the main sticking point now?

And as pp have said, they have no reason or incentive to pay you a settlement agreement. From your OP, they haven't broken any employment law nor have they committed a repudiatory breach of contract which is the primary test of constructive dismissal.

I've come across similar situations as this "safety" issue. It's often got nothing to do with the physical presence of the bully, and everything to do with the mental health of the victim. After seven months off work and a mental breakdown, with ongoing medical treatment, often employers seek to ensue that the person doesn't "do harm to themselves". Sometimes just seeing the person can trigger adverse problems. One case I dealt with recently, this situation was maintained for a period of several months until the victim was confident enough to attend meetings with her bully without any recurrence of mental health problems previously experienced.

Lucy001, it's always possible to cite extreme cases like the one you describe, but in the case as described, the employer has taken all reasonable steps and the employee has returned to work and seems to mainly be concerned about their training. The point in question is the chances of the employer, having already bent over backwards to support the OP, being willing to enter into a settlement agreement, and I don't believe there is much likelihood of that.

Which is exactly what I've already said. I was simply pointing out that "safety" doesn't necessarily mean that the person will be unsafe - it may mean that they are being cautious about any circumstance which might trigger a relapse.