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Original poster

Going back to employer who gave me a Settlement agreement

39 replies

Anono34 · 09/07/2020 20:59

Hi all!

I’m just looking for a bit of advice really. I took a settlement agreement from my previous employer 6 months ago following a dispute over the way a grievance was handled. In retrospect I think I was too hasty agreeing to leave and although I did find another job reasonably quickly, I didn’t really enjoy it and am facing the possibility of being made redundant because of coronavirus. The manager who handled the grievance has now left the business, if I were to approach my previous employer with the view to getting a job there again, is there anything legally preventing this? I would imagine they would be reluctant to re-employ me or do you think they would understand that the fact the manager has left now makes a difference?

Help please!

OP posts:

TDMN · 09/07/2020 21:06

There's no gentle way of saying this and i'm not trying to be horrible but I think the fact they offered you a settlement rather than resolving the issue is surely a pretty strong indicator that they wanted to get rid of you - are they even going to want you back? Its worth a shot if you think you'd have a chance though!

topcat2014 · 09/07/2020 21:09

They will have a rule to not re employ in these circs

NotSuchASmugMarriedNow1 · 09/07/2020 21:09

There is no legal requirement that says you can't re-employ someone you've previously employed no.

I think they'd be reluctant to re-employ you though, given the circumstances of your departure.

Original poster

Anono34 · 09/07/2020 21:10

Oh sorry, I should have said, I was the one who asked for a settlement because I was frustrated with the way the grievance was handled and I felt it was better to leave than continue to clash with the manager handling it. They initially said no but due to the way it has been handled, I had grounds to take them to a tribunal so I put this to them and they did agree. I do take your point though and this is my concern, the fact I asked for the settlement probably means they won’t be keen on reemploying me :(

OP posts:

SeriouslyRetro · 09/07/2020 21:11

I think it would be naive to think it’s viable.

I think it could be professionally confusing to actually go to them looking for your job back.

hadenoughbleach · 09/07/2020 21:12

This would be a really odd thing to do. Just move on and find a new job somewhere else.

hadenoughbleach · 09/07/2020 21:13

This would be a really odd thing to do. Just move on and find a new job somewhere else.

Original poster

Anono34 · 09/07/2020 21:13

At the time the settlement seemed the better option but I think I’ve made a mistake and messed it up for myself :(

OP posts:

littlefireseverywhere · 09/07/2020 21:13

I’m guessing it’d be a no. Settlement agreements are rather a final resolution aren’t they when other channels have been tried.

Original poster

Anono34 · 09/07/2020 21:14

@hadenoughbleach

This would be a really odd thing to do. Just move on and find a new job somewhere else.

There aren’t that many jobs out there, particularly in my field.

OP posts:

TorysSuckRevokeArticle50 · 09/07/2020 21:14

I'm going to be a bit blunt because I'm struggling to think of a sensitive way to phrase this, sorry.

You essentially blackmailed them by saying give me money to go away nicely or I'll take you to court. I wouldn't rehire you if I were making the hiring decisions.

DevilsSpawn · 09/07/2020 21:14

Wouldn't you feel embarrassed going back to them?

Nixen · 09/07/2020 21:15

@TorysSuckRevokeArticle50

I'm going to be a bit blunt because I'm struggling to think of a sensitive way to phrase this, sorry.

You essentially blackmailed them by saying give me money to go away nicely or I'll take you to court. I wouldn't rehire you if I were making the hiring decisions.

Yep, 100% this

Iggly · 09/07/2020 21:17

Move on. Maybe you’re still in shock as to how it ended and need to reprocess that. When my DH left his last job under horrid circumstances, his counsellor said it would take a year or so.

So be kind to yourself but move on

AKissAndASmile · 09/07/2020 21:18

Don't do it.

SoloMummy · 09/07/2020 21:20

You've no chance I'd say. As a manager who had experience of similar I wouldn't touch such an ex employee with a barge pole I'm afraid.

Notajogger · 09/07/2020 21:22

Sounds like you basically threatened to take them to court - I don't see how they could think it would be a good idea to re-hire you. It'll all be in your HR file. Perhaps look elsewhere/do some additional training if needed for a different role.

Original poster

Anono34 · 09/07/2020 21:23

@TorysSuckRevokeArticle50

I'm going to be a bit blunt because I'm struggling to think of a sensitive way to phrase this, sorry.

You essentially blackmailed them by saying give me money to go away nicely or I'll take you to court. I wouldn't rehire you if I were making the hiring decisions.

No offence taken, to be honest I’m not sure I would hire me although in my defence I didn’t actually do anything wrong and it was quite a stressful situation hence why I asked for the settlement just to bring it to a conclusion. I wasn’t really expecting to get made redundant so quickly after starting a new job.

OP posts:

Thisismytimetoshine · 09/07/2020 21:23

God, please don't embarrass yourself by approaching them. I can't believe you're even considering this.

Original poster

Anono34 · 09/07/2020 21:23

@Iggly

Move on. Maybe you’re still in shock as to how it ended and need to reprocess that. When my DH left his last job under horrid circumstances, his counsellor said it would take a year or so.

So be kind to yourself but move on

Thank you for this :)

OP posts:

Original poster

Anono34 · 09/07/2020 21:24

@Thisismytimetoshine

God, please don't embarrass yourself by approaching them. I can't believe you're even considering this.

Bit harsh

OP posts:

Ohffs66 · 09/07/2020 21:26

I used to work for a big employer and iirc there was a rule that we wouldn't reemploy anyone who'd Benn given a settlement within 12 months. And tbh if it had been the sort of settlement you describe, I suspect your CV would go straight in the No pile on sifting!

HeyLala · 09/07/2020 21:26

Read through your settlement agreement because even if they did re-employ you may need to repay the monies.

OhTheRoses · 09/07/2020 21:27

No. Just No.

Unless the clause in the SA allows you to be re-employed after a specific amount of tie then no. If you arebeyod the clause by all means apply. Even if you get an interview, I doubt you wil get an offer. If you get an offer your previous employer has information about your work citizenship that precludes you from getting a good reference ad you wil get them because they can't breach the agreement they signed based on what they know and can't unknown it.

Move on. Don't go back and reflect a little. You have burnt your bridges.

VodselForDinner · 09/07/2020 21:28

@TorysSuckRevokeArticle50

I'm going to be a bit blunt because I'm struggling to think of a sensitive way to phrase this, sorry.

You essentially blackmailed them by saying give me money to go away nicely or I'll take you to court. I wouldn't rehire you if I were making the hiring decisions.

100% agree with this.

This is one of the most insane things I’ve read on here in a while.

Why would this company want you back?

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