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Settlement Agreement Advice

8 replies

MrDarcysotherwoman · 25/09/2018 16:57

Hello, you may have seen my other posts, finally had meeting today with Employer re my absence due to stress; I have been offered a settlement deal but need some advice. My two years service is Oct 10th, I have fit for work note until 20th, they are only offering me 2 weeks notice, although at 2 year point I believe it's one month? Can anyone help? Thanks in advance Smile

OP posts:
prh47bridge · 25/09/2018 18:18

If they are offering a settlement agreement they are probably prepared to pay for you to take legal advice. The agreement will not be binding on you unless you do have proper advice. Check that they will pay and see a solicitor who specialises in employment law.

The employer's first offer in this situation is usually low. They expect you to reject it and ask for more.

shortgreengiraffe · 25/09/2018 19:22

What do you have to lose by saying no?

Lucy001 · 25/09/2018 20:24

No. At the two year point, statutory notice is two years. Why do you think it's a month?

A settlement "deal" and a settlement agreement are not the same thing. I have no idea what the context is. But just being off for stress doesn't mean anything.

MrDarcysotherwoman · 25/09/2018 20:58

Thanks for your messages and advice; I suspect the offer is low. For context, I have been bullied by LM and since first period of sickness earlier in the year, I returned to be further ostracised, moved into separate office and sidelined. Made a Subject Access Request and got further written confirmation of LM's bullying ways. I attended today's meeting intending to submit a grievance, but on production of my evidence was offered a settlement grievance, no discipline or performance issue.

OP posts:
prh47bridge · 25/09/2018 21:03

At the two year point, statutory notice is two years

Typo alert! At the two year point statutory notice is two weeks, not two years! However, contractual notice could be longer.

MrDarcysotherwoman - You need to be clear as to what is going on here. Are they offering a settlement agreement so that you leave with a payout and agree not to take them to tribunal? Or is something else happening? You've referred to a settlement agreement, settlement deal and settlement grievance. From your OP it sounds like they want you to leave, so I presume they are offering a settlement agreement but you need to be clear.

MrDarcysotherwoman · 25/09/2018 21:11

Apologies for any confusion, the meeting was only this afternoon and I'm awaiting the email confirmation. It's been quite an emotional and tiring day and I'm still a little shocked, although did not and could not see myself returning. Once I get definitive term I will post again - thank you for the messages it definitely helps 😀

OP posts:
Lucy001 · 25/09/2018 21:11

Oops yes - two weeks, not two years!

I don't know what the context is, but there's often a gap between two points of view. Making an offer does not mean you have a case.

user187656748 · 25/09/2018 21:14

OP I thought you already had legal advice?

But in all likelihood you've been offered a settlement agreement now before you get your two years' service. They are paying you in lieu so you'll never hit the two years.

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