Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

Settlement Agreement University

22 replies

Mercier1 · 13/01/2023 19:05

To be brief. After a decade working in a uni as a 0.6 academic I have decided to leave after a period of work related stress. I was signed off for six months. Had medication therapy and attempted to rebuild myself after toxic bullying insane managers.

I had a meeting today and was offered a settlement which I negotiated. It's paid notice, plus an X gratis payment which was a few grand. What's getting on my nerves is they said I can only carry 4 days annual leave over to be paid.

I have about 18 days AL untaken to carry forward, that's 6 weeks pay to me.

Do I have a right to be paid this?

I have read I would be eligible for 4 weeks of holiday carry over which is 12 days for me, but four?!? I don't understand that.

I would like to come back to them, yes I need a lawyer too review etc but I am wondering if I have misunderstood something?

Cheers

OP posts:
porridgebear · 13/01/2023 19:32

Is there a HR colleague that can confirm what the policy is or something online? For the settlement agreement you will need a solicitor and the employer will usually pay the fees.

HundredMilesAnHour · 13/01/2023 19:37

Legally your agreement has to be reviewed by an employment lawyer (on your behalf) which your employer should pay for, or at least contribute to the cost. The lawyer will raise the holiday issue if you don't feel comfortable doing yourself as they are ensuring you get everything you are legally entitled to.

FeelinSpendy · 13/01/2023 20:27

You need to check your contract. If you’re being paid in lieu of notice there will often be a provision there regarding the holiday entitlement.

AlwaysColdHands · 13/01/2023 20:29

Ask for advice from a Union rep they’re on the ball about stuff like this.
Also could move this thread to the Academic Common Room section?
best of luck

daisychain01 · 14/01/2023 04:42

Definitely play hardball and negotiate your carryover unused AL according to the University's formal policy.

Get a solicitor involved and make sure they pick up the bill for that - normally the employer pays because it's in their best interests for the departing employee to receive a fair deal that won't bite them on the backside in future.

Yesthatismychildsigh · 14/01/2023 04:54

Fare you counting your entitlement up to the end of the leave year? If so you’re counting leave you won’t accrue.

WednesdaysPlaits · 14/01/2023 05:38

Your solicitor needs to look at it for you.

everythingthelighttouches · 14/01/2023 05:51

Check the university policy on long term sick leave. Perhaps the normal leave policy doesn’t apply?

Original poster
Mercier1 · 14/01/2023 06:43

Thanks all.
I’ve checked my contract and it doesn’t state anything about this. I’m basing this on last years AL. I lost out on taking 16 days because I was unwell. In fact one of the issues was my bully refusing to give me the AL for quite some time.
This has been done with my Dean HR and union rep. Next step is to agree in principle then take to a lawyer which is all good. But I’m just wondering if I should push this?
they initially offered the X gratis payment of around one months take home pay which I found insulting after a decade of service. I asked for 3 months and got about 2.5 months pay.
So the deal it’s self is not mega bucks, and I just want closure asap but does anyone have experience of this and specifically the holiday thing?

OP posts:
Quveas · 14/01/2023 08:16

You need to speak to the solicitor, but there is no "right" here. The settlement agreement is a voluntary mutual agreement between two parties and provided it is within the law, it can state anything. In your case that can include the owed holiday carry over. Basically, they are offering you money to settle ALL claims against them, and that includes the holiday pay owed.

They may be prepared to add the holiday pay if you push back - or they may take the offer off the table. Personally, I'd suggest many employers wouldn't fight this too hard if the alternative is a tribunal claim (assuming you have evidence), but they might, and also you could spend months and months arguing and not get a lot more than what is now on offer. But only you know them well enough to know who hard ball they will play this.

daisychain01 · 14/01/2023 08:48

You are unlikely to find policy statements in your employment contract OP.

You need to check with your HR Dept, and look on your intranet where all employment policies including carry over should be documented. That's a significant amount of holiday they're withholding from you and I expect they are trying it on. I would try calculating what that leave would equate to in terms of your salary and propose in your negotiations thst you want £xxx added to the settlement agreement - this is what you need to discuss with your solicitor asap.

Original poster
Mercier1 · 14/01/2023 09:15

So I need to reply to this by noon Monday, I guess I could call the lawyer first thing Monday but I want to push back and I don’t think it would take the offer off the table.
I prob wouldn’t win a tribunal but I have a significant grievance and both the dean and HR partner have heard about it from me over years. The stress destroyed me mentally and I decided a grievance wouldn’t substantially change much and I would prefer to exit.
the offer of a grand and a half Ex Gratis was so offensive to me!!

OP posts:
Quveas · 14/01/2023 16:16

Simply tell them that the deadline is unacceptable and you require time to appropriately consult a solicitor. Then speak to the solicitor and decide what you think you want when you have. They'll have to wait for your reply.

Chewbecca · 14/01/2023 16:34

Our redundancy policy is that holiday must be taken before exit and if staff member is absent, say due to gardening leave, AL is considered to be taken during that time. Settlement agreements reflect this.

But all that matters is the policy in your workplace and whether you are prepared to reject it and fight for more.

Original poster
Mercier1 · 14/01/2023 21:00

So I have dug into more documentation.

Basically what they said in the meeting is that for carry over AL its statutory not enhanced. IE 20 days F/T (European Work Directive) which is pro rata for me 12 days and because I took most of that already (I took three weeks at easter, because, I WAS STRESSED!!) they are basically sticking to that. I feel like its really really unfair. I am wondering if I push it. I got the Ex Gratis from a moths pay to 2.5 but I feel like that gave me that now b/c they knew they had take my holiday and I had not done any calculations before the protected conversation. I just went into it to see what was on the table. AIBU?

OP posts:
feileacan · 14/01/2023 23:45

I would suggest, firstly, write back to them saying you are arranging appointment with solicitor to receive legal advice after which you'll get back to them.
(So you don't have to comply with Monday deadline).
If you took the Easter leave as annual leave, then it's gone. If you took it as sick leave (medically certified at the time) it may still be available.
But I think, more importantly than any of this is your pension!
Is it defined benefit?
Do you know what it's worth?
That's potentially a much bigger loss as its hard to get the dB pensions that were available 10 years ago.
So talk to a solicitor who understands university pension issues (some of them are only familiar with private sector pensions)
And while you're waiting for appointment with solicitor request HR for a pension benefits statement.
Every employee is entitled to that.
Best of luck.

daisychain01 · 15/01/2023 07:56

And while you're waiting for appointment with solicitor request HR for a pension benefits statement.

There is likely to be a separate Pensions Dept or even external administrator managing the University's pension arrangement. The OP need to ask for the key contact in that Pensions team who can assist with things like statement of current contributions status.

Very often nowadays company pensions have an online portal for its members, so if the OP has that info, they should be able to logon and check all information for themselves, including ensuring correspondence address is their home address etc.

ladymacbeth · 15/01/2023 08:43

Was your 6months off paid or unpaid?

prh47bridge · 15/01/2023 15:25

Do not accept anything without legal advice. As you have been there 10 years, I'm not convinced that 2.5 months pay is adequate compensation, but a lawyer who specialises in employment law will be better able to advise once they are in possession of all the facts. The fact they want you to reply by midday Monday suggests that they think they are getting a good deal and want you to agree before a lawyer tells you it isn't enough.

HundredMilesAnHour · 15/01/2023 20:03

For redundancy I think the statutory minimum is 1 week's pay per year of service and I suspect this is what they've used to calculate your pay-off hence approx 2.5 months i.e. 10 weeks.

But OP you say
I asked for 3 months and got about 2.5 months pay.

So they're/you're quibbling over 0.5 month pay?

Original poster
Mercier1 · 15/01/2023 20:04

Thanks everyone it’s so nice to have a sounding bored. I’ll call the lawyer first thing Monday. I have one that specialises in this and is favourable to the union.

re the pension. Clueless. What do you mean? I have a Teachers pension which I believe is good. But I don’t understand it as a benefit.

Monday is about an agreement in principle. I already have asked about the AL I could make a call to the pension people on Monday. I’m not sure what I’m asking or what it represents in the deal.

6 Months sick was paid.

OP posts:
Original poster
Mercier1 · 15/01/2023 20:05

I’m quibbling about my annual leave and nothing else, I am owed 16 or so days …

OP posts:
New posts on this thread. Refresh page