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Settlement following grievance

12 replies

CrazyTimes123 · 07/12/2023 13:33

I submitted a grievance regarding my boss to our small HR dept (2 people, private company). They have acknowledged receipt but have yet to meet with me over it (5weeks ago).
Today I have been asked if I would be interested in a settlement.
To be honest I really like my job, it’s just my boss can be inappropriate at times and I’m sick of it.
I thought the grievance/HR would pull her up on it, so why am I being offered money without even meeting?

OP posts:
Neriah · 07/12/2023 13:42

Bluntly - because your boss is more valuable to them than you are, they have no intention of anything changing, so if forced into a corner they will do the minimum they can get away with to prove they did something whilst doing nothing, and your cards are now marked anyway.....

You need a new job, because one way or another the writing is on the wall that you will be leaving. Sorry, but nothing for 5 weeks and then a suggestion of a settlement? There is no other way to realistically interpret that.

TokyoSushi · 07/12/2023 13:44

Yes agree...

NeverDropYourMooncup · 07/12/2023 13:44

They want you gone more than they want to lose your boss - to the extent that they're trying to find out how little you'll accept to disappear and never speak of this again (there will be a non disclosure agreement as part of it).

CrazyTimes123 · 07/12/2023 13:51

Exactly what I thought. Shouldn’t they at least pretend to follow the grievance policy ?

OP posts:
BobDylansMasterpiece · 07/12/2023 13:53

I would find out how much they are offering - how long it will take to find a new job etc?

ACynicalDad · 07/12/2023 13:57

The fact that they are offering a settlement suggests they know the boss is in the wrong. It took 5 weeks to establish that and take it high enough to get the authorisation for a settlement.
In reality, either you take a settlement, or unless the evidence is watertight, they let them off, and you have to leave anyway.
Shocking but I doubt uncommon.

MissBuffyAnneSummers · 07/12/2023 14:03

In my experience, rarely do things get better after a grievance (or a disciplinary). Usually results in someone having to move on. In this case its likely to be you.

A settlement agreement is quickest, least stressful (for everyone) and least risky path to follow.

It allows all parties to part ways with no fault on either side. For you it means that you get a quick end to an unpleasant situation at work and compensation.

You will be offered at least full pay for your notice period, an amount of compensation and an agreed reference. They will also pay an amount for you to obtain legal advice on the agreement. The amount of compensation is usually negotiable. Compensation is tax and NI free. Rarely are you expected to work your notice period and are instead paid in lieu of it. Meaning you could be out of there by Christmas with money and a good reference in your pocket. Acceptance of a settlement agreement means you agree not to pursue the grievance etc and can't go to a tribunal.

The advantage to the employer is they don't have to go down the route of following through with the grievance, potential disciplinaries, potential performance management, breakdown of relationships etc. It also means they are protected from any legal risks from you e.g. no chance of a tribunal.

I would recommend acceptance in most cases. In most cases its in your best interests especially if you can negotiate a good level of compensation. Depending on your length of services 3 to 6 months pay is a common area to land in.

Neriah · 07/12/2023 14:21

They will also pay an amount for you to obtain legal advice on the agreement.

That is commonplace yes, but not a legal requirement, and it is often capped at a set amount.

And to play devils advocate (because there are two sides to every story), whatever the OP deems "inappropriate" doesn't mean that is the view the employer or a tribunal will take, and that may have a significant impact on what they are willing to offer. Without information about role, pay, length of service and circumstances, it's all broad guesswork.

Strawberryfieldsforeverrr · 07/12/2023 14:31

Take the money and run. They've chosen a side and it's not yours.

MyOldMansADustman0 · 07/12/2023 14:34

I would take the money and go. Your workplace have no intention of making any changes around your boss. It's her vs you and she will win.

prh47bridge · 07/12/2023 18:25

CrazyTimes123 · 07/12/2023 13:51

Exactly what I thought. Shouldn’t they at least pretend to follow the grievance policy ?

As part of the settlement agreement, you will give up the right to take them to tribunal. Failure to follow the grievance policy will therefore not give rise to any claim against them so, from their perspective, following it would be a waste of time and energy.

JoyousPinkPeer · 23/06/2024 21:11

Ensure you get an agreed reference as part of any settlement.

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