How much to expect with compromise agreement?

[wheresmymojo]

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?

[BumbleNova]

Op - you need a lawyer. It's expensive but will get you the outcome you want. Part of my agreed settlement was that my employer paid my legal fees.

My facts were different but I negotiated 12 months pay. I couldn't have done it without my lawyer. Without the separation/ someone not emotionally involved making the tactical decisions we would not have got there.

Not getting advice is a false economy.

[VanGoghsDog]

I'm not sure "breach of duty of care" is a case you can actually bring?

Yes, if you're outside the tribunal limit then you effectively have zero negotiating power.

You really shouldn't be writing a sixty page grievance. Summarise it and make it a maximum of four pages. The investigation is the time to go into detail and all the individual points.

Btw, I think some of those examples are disability discrimination.

[Quveas]

@VanGoghsDog

For disability discrimination? Unlikely.

Really? Based on what? Headlines about huge payouts are headlines because they are rare.

www.emplaw.co.uk/article/employment-tribunal-statistics-%E2%80%93-april-june-2022#:~:text=The%20average%20award%20in%20the,median%20award%20was%20%C2%A36%2C646.

And you have to win first! Which is as much of a rarity.

[VanGoghsDog]

@Quveas

Really? Based on what? Headlines about huge payouts are headlines because they are rare.

www.emplaw.co.uk/article/employment-tribunal-statistics-%E2%80%93-april-june-2022#:~:text=The%20average%20award%20in%20the,median%20award%20was%20%C2%A36%2C646.

And you have to win first! Which is as much of a rarity.

Yeah, I represent employers at tribunal. But cheers for explaining how the press works.

But I wasn't responding to a post about a tribunal claim. I was responding to a post by someone who said they settle people out for three months pay. This is pretty unlikely in a disability discrimination case.

[VanGoghsDog]

And it's not rare to win, by the way. The actual stats are that win vs loss is about half and half.

[prh47bridge]

It is called a settlement agreement these days. It is unlikely you will get one unless your employer has offered one. If they have offered one, they should offer to pay for a lawyer to advise you. The agreement is not binding on you unless it is signed by a lawyer or an appropriate trade union official to say they have given you advice on it.

[wheresmymojo]

@VanGoghsDog

Thanks so much for your earlier helpful comments here.

I wondered if there was a reasonably priced employment lawyer you'd recommend?

It doesn't matter about location as happy to do everything via Teams / Zoom / whatever.

[spidersenses]

In my experience, an employer legally had to provided and pay for a lawyer for you when a compromise agreement starts to be negotiated. Also, the monetary amount depends on your level of seniority also.

[WednesdaysPlaits]

@spidersenses

In my experience, an employer legally had to provided and pay for a lawyer for you when a compromise agreement starts to be negotiated. Also, the monetary amount depends on your level of seniority also.

Not true. They typically make a contribution but there is no legal requirement for an employer to do this.

[prh47bridge]

@WednesdaysPlaits

Not true. They typically make a contribution but there is no legal requirement for an employer to do this.

You are correct that there is no legal requirement for the employer to contribute towards the employee's legal costs. However, there is a strong incentive for the employer to do so. To be valid, the agreement must be countersigned by a lawyer or a suitably trained trade union official who has advised the employee. If it isn't, the agreement is binding on the employer but not on the employee. So the employer must pay the employee any compensation set out in the agreement, but the employee still has the option to take their case to tribunal.

[VanGoghsDog]

@wheresmymojo

@VanGoghsDog

Thanks so much for your earlier helpful comments here.

I wondered if there was a reasonably priced employment lawyer you'd recommend?

It doesn't matter about location as happy to do everything via Teams / Zoom / whatever.

I'm sorry, I don't know any employee side lawyers. In my consultancy my clients use me for their side. In my employed role we use huge law firms that cost a fortune.

Most employees, from my observation, use a lawyer provided by their home insurance company, or similar type of cover. Worth checking if you have legal cover on any of those.