Work
How much to expect with compromise agreement?
wheresmymojo · 20/12/2022 17:12
The background is so long I can't really get into it here (it's 12-18 months of stuff) but in a nutshell
- My employers knew I had a serious mental illness
- They (through incompetence and bad management) did not resolve a situation where I was working very long hours (6 days a week, 10-14 hour days) even though I raised multiple times to management and occupational health over a period of 12 months
- I have quite a few examples (some documented) of poor management and leadership compounding my MH issues (e.g. constant implication that I'm underperforming while not resolving the fact I'm covering multiple roles and also quite inappropriate things said to me from a diversity/disability perspective)
- I have a good case for indirect discrimination under the Equality Act related to an internal role I applied for where there was no process to ask about/take into account reasonable adjustments and the only feedback I got about not being successful was a symptom of my disability (of which my employer is aware, with indirect discrimination it's irrelevant if the interviewers knew or not)
I know it absolutely varies by scenario but if it comes to a compromise agreement I have no idea how much to pitch for?
They're a multi-billion £ revenue company (although made a loss last year).
Three months pay?
pktechgirl · 20/12/2022 17:15
If it's being going on over 18 months ask for that argue for 12 and settle for 10. Incompetence and bad management is not your fault.
Greensleevevssnotnose · 20/12/2022 17:17
You need a lawyer or union rep to get the best deal, if doing it yourself let them offer an amount then ask for 10x as much and negotiate from there is what I would do. I had this about 5 years ago, they offered a years salary rather than go to a tribunal. Originally started as 6 weeks salary and a great reference I had a union rep and free legal aid.
wheresmymojo · 20/12/2022 17:24
Okay, great thanks all.
Unfortunately I can't afford a lawyer but I'm willing to take them to tribunal (I have a law degree and would represent myself).
wheresmymojo · 20/12/2022 17:26
I'm also not in a union and don't think they'd get involved in something that started before you paid subs (even if I joined one now).
I'll check our Employee Assistance Programme as that covers some legal advice (though I doubt it covers against your own employer!)
VanGoghsDog · 20/12/2022 17:30
I think you have misunderstood what indirect discrimination is.
But anyway, for discrimination matters, you look at the Vento scale. Then you add on the statutory award.
It also depends how much you earn and your prospect of future employment. I'd be going for a years pay, plus the appropriate Vento level award.
VanGoghsDog · 20/12/2022 17:31
wheresmymojo · 20/12/2022 17:26
I'm also not in a union and don't think they'd get involved in something that started before you paid subs (even if I joined one now).
I'll check our Employee Assistance Programme as that covers some legal advice (though I doubt it covers against your own employer!)
It doesn't normally cover action against your employer.
You might have legal cover on your home or car insurance?
wheresmymojo · 20/12/2022 18:00
VanGoghsDog · 20/12/2022 17:30
I think you have misunderstood what indirect discrimination is.
But anyway, for discrimination matters, you look at the Vento scale. Then you add on the statutory award.
It also depends how much you earn and your prospect of future employment. I'd be going for a years pay, plus the appropriate Vento level award.
Have I?
I thought indirect discrimination is where there's a practice that applies to everyone but has a worse effect on you than others?
So the practice is the internal application process which is the same for all employees
However the fact that it fails to ask about or take into account any need for reasonable adjustments is the thing that has a worse effect on me.
The result is that a symptom of my disability was given as the only reason I didn't get the job compared to the other internal applicants.
(And previous case law confirms that it doesn't matter that the interviewers didn't knowingly discriminate against me is irrelevant)
wheresmymojo · 20/12/2022 18:01
Sorry, didn't mean that to sound challenging as you clearly know more than me. Just explaining my thought process.
MajorCarolDanvers · 20/12/2022 18:11
As an employer when making an offer I usually start at PILON plus 3 months and am prepared to go up to 6 months.
VanGoghsDog · 20/12/2022 18:13
Yes, it's a policy, practice or criterion.
But I think what you have described is direct discrimination. Failure to provide reasonable adjustments is direct discrimination.
The employer knows you have a disability, it's irrelevant whether the interviewer knew.
Indirect discrimination can sometimes be justified if it's a proportionate means to achieve a legitimate aim. They could put all sorts of stuff forward on why they have the same process for everyone (though I very much doubt they have any actual policy NOT to ask about reasonable adjustments at least for the interview, which would be the norm, not for the job) .
But failure to provide reasonable adjustments is direct disability discrimination.
VanGoghsDog · 20/12/2022 18:14
MajorCarolDanvers · 20/12/2022 18:11
As an employer when making an offer I usually start at PILON plus 3 months and am prepared to go up to 6 months.
For disability discrimination? Unlikely.
Usee8789754 · 20/12/2022 18:15
when did all of this happen? There is a 3 month limitation period for acts of discrimination.
wheresmymojo · 20/12/2022 18:19
Usee8789754 · 20/12/2022 18:15
when did all of this happen? There is a 3 month limitation period for acts of discrimination.
I didn't know that 
How is that fair?
I've been too unwell to raise it in that time?
MajorCarolDanvers · 20/12/2022 18:21
OP you should give ACAS a call in the morning. They can give you feee advice on this.
wheresmymojo · 20/12/2022 18:23
The interview part of the grievance was back in August so more than 3 months ago.
The overall situation is still ongoing in my view but what constitutes the 'end' in this scenario?
Ugh. I can't believe there's a 3 month limit on it when you have to weigh up whether to raise a grievance, whether you will or won't stay at that employer and how it might impact you to raise a grievance, etc.
Aquasulis · 20/12/2022 18:24
You needed to make a complaint swiftly and have a reference agreed.
VanGoghsDog · 20/12/2022 18:25
MajorCarolDanvers · 20/12/2022 18:19
@VanGoghsDog I don't undertake discrimination.
Well then why are you providing an answer about a discrimination issue using your experience of merely unfairly dismissing people?
VanGoghsDog · 20/12/2022 18:26
wheresmymojo · 20/12/2022 18:19
I didn't know that
How is that fair?
I've been too unwell to raise it in that time?
Usee8789754 · 20/12/2022 18:15
when did all of this happen? There is a 3 month limitation period for acts of discrimination.
There is a three month time limit to bring a tribunal claim. That doesn't mean you can't raise it with the employer after that time.
VanGoghsDog · 20/12/2022 18:28
wheresmymojo · 20/12/2022 18:23
The interview part of the grievance was back in August so more than 3 months ago.
The overall situation is still ongoing in my view but what constitutes the 'end' in this scenario?
Ugh. I can't believe there's a 3 month limit on it when you have to weigh up whether to raise a grievance, whether you will or won't stay at that employer and how it might impact you to raise a grievance, etc.
There is no time limit on when to bring a grievance.
MajorCarolDanvers · 20/12/2022 18:31
@VanGoghsDog sorry for posting without your permission
wheresmymojo · 20/12/2022 18:37
I know, but surely my position in terms of negotiation is now reduced if the interview piece which was the discrimination element is timed out?
The rest of my grievance is really about breach of duty of care re: employee (my) health and wellbeing.
While there are ongoing incidents which are related to my disability and which have added to the stress which triggered
For example:
- Criticisms about going into too much detail when this is a symptom of my neurodiversity
- Saying that I was "not prepared to meet my teams specific needs" when I said I could, and was willing to, return to people management but raised that it might impact my (unusually sensitive) team given that I won't be happy/enthusiastic/jazz hands when I'm unwell with mental health issues triggered by work stress
I mean, they're not a great example of handling things but I don't believe these would be considered discrimination as there's no loss (and not enough to be harassment).
wheresmymojo · 20/12/2022 18:38
Anyway I will give ACAS a call and see what they think and finish my (currently 60 page) grievance submission tomorrow
1Wanda1 · 20/12/2022 18:39
It's 3 months from the time the event complained of occurred, or the time you discovered it. So not 3 months from when you raised a grievance, but 3 months from when you were notified that you didn't get the job because of a symptom of your disability.
wheresmymojo · 20/12/2022 18:39
There are more than those two bullet points by the way - these are examples, but I believe they just add up to 'less than ideal' rather than 'discrimination'
(It does all add up to a breach of duty of care though)
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