Can I be given a 'compromise agreement' while on maternity leave? Can you recommend a sh*t hot solicitor????

[mummyc]

Am feckin furious.

Had a phone call yesterday from the director of my department at work and at her request went into work this morning (with 8mo DS who's doctor's appointment I had to move!!) expecting to get a 121 version of a bigger announcement they are doing today and instead got given a 'compromise agreement' ie bit bigger than redundancy offer and told to contact a solicitor. Can they do this? They say my role is redundant but I wasn't going back to that role, was due back in May to a different job same grade. They are recommending some jobs to apply for which are either temp (maternity cover) or more junior. I am the breadwinner in our house and we took a new mortgage on a bigger house in Jan, making room for DS and future siblings, so need to earn again. Have been there 9.5 years and was on a global senior exec fast track thing, face doesn't seem to fit any more though. Anyone know of any brilliant employment lawyers with a motherhood specialism? South East.

Thanks!

oh and if I do have an informal chat about positions etc before getting legal advice will that cause any problems do you think?

Flowery - the tone of that was a bit confrontational, just trying to help! The overall purpose of a compromise agreement within the employment relationship was always intended to resolve a dispute over a dismissal (which a redundancy still is). The development of them being used in redundancy situations is a relatively recent one, and clearly is used when a company does not want to follow a clear and lawful process, which mummyc's company obviously don't.

I'm not saying they can't offer one, of course they can, and I think I said that in my post - they can do whatever they like - I was just making it clear that a dispute should normally be involved. Constructive dismissal claims are always a risk as you say, but I am sure the company have come up with a worse case scenario figure for mummyc, due to the significant level of risk involved as she is on maternity.

mummyc I really think you need legal advice before attempting any discussions. By mentioning a compromise agreement they have moved it to the stage where you automatically need legal advice iyswim. Negotiating these agreements is a delicate balancing act, based on whose need to end this employment is greatest, and I would advise you not to enter into any discussions without having a chat with a solicitor first, you don't want to unwittingly say something which weakens your position in terms of how much money you can negotiate.

Mummyc - I knew from my role how much I would be likely to get. A lawyer would be able to advise you on this though, based on your salary, length of service, potential loss of earnings, likelihood of getting another job etc etc.

I agree with flowery - you need a lawyer now despite any internal discussions they try to have with you. My intention once the initial CA had been offered to me was to try and squeeze as much money as possible out of them. I raised a grievance to show them how badly the conversations had been handled with me, and to scare them into upping the figure by showing them that they way in which they had handled it was strengthening my case.

Pinkjenny did you mean my post sounded confrontational or yours? Can't see anything confrontational in either of them tbh...

I am just wary of people saying employers 'should' or 'shouldn't' do things. It can give people the impression that there is a legal or other restriction on the employer doing whatever it is, when in fact there is not at all.

Personally I would be more likely to say that a compromise agreement usually involves a dispute of some kind, rather than it 'should' do so.

Perhaps it's a turn of phrase, but I am always worried on this topic when people say something which could be construed as 'legal' even if that's not the intention - I've seen people rushing off to bosses outraged after someone on here has said something misleading.

Flowery - I think I made that clear. Anyway, I'm not entering into a HR debate with you, just trying to offer my perspective on the situation based on my recent experience.

Ok, just waiting for a call from Russell Jones and Walker who are apparently quite good and will talk to people at work another day. Thanks all for your collective wisdom, I'm still reeling from what's happened but at least feel like I'm heading in the right direction now! Sooo glad that DS happened to be in nursery today, would have been awful not to be able to make calls or be online all day (he's at that crawling quickly to and eating electrical cables age).

we ask employees to sign a compromise agreement as a matter of course if they are above a certian level of seniority. I do things absolutely by the book and haven't tried to screw anyone or do anything illegal. We do this becasue in our experience managers of a certain level are very quick to threaten to sue in an attempt to get more money after leaving. Its timeconsuming and annoying and a compromise agreement knocks that on the head before it starts.

That's fascinating.

I'm sorry am I missing something?

I've explained why I felt I needed to ask you about how you phrased it, I was interested in why you felt an employer should or shouldn't do something, but as you don't want to have a 'debate' that's fine.

Regardless of that, there are lots of people potentially reading these threads and I am always concerned when something is posted which could sound like a legal-type statement. That doesn't mean I am criticising you or the value of your experience for mummyc, I am a bit confused tbh.

I suppose an employer shouldn't do lots of things that they do do, as a HR Consultant I'm sure you experience lots of issues with managers doing things that they strictly shouldn't do. I know I do!

For the avoidance of doubt, I did not mean anything that I have said as a legal type statement.

God, HR people! We're all bonkers.

I'm a senior employment solicitor. I work for a very large firm which is generally regarded as the top firm for employment law. I would need to know who your employer is to conflict check before giving any advice but if you want to email me then if we can't advise then I can certainly point you in the direction of someone who can.

Let me know if you want my email address before I post it and lose all attempt at anonymity on MN!!

hi sparkleymummy, you can email me to stay anonymous if you like, it's jodotcuttingatgmaildotcom

By the way don't be put off too much by the rates you have been quoted by the lawyers. part of the job is to get the employer to pay your costs, to increase the amount of compensation you are offered and to look at tax efficiency with regard to the payment. You need someone good. Don't go for a high street firm since they tend to be generalists. You need an employment specialist with a reasonable number of years experience. By and large you pretty much get what you pay for in this game. However in your position I wouldn't pay city rates. You want a large regional or national firm.

Do check your household insurance.

I know of a very good employment lawyer in the southeast if you want someone you can see face to face.

dittany, I think so too but it's not just us being made redundant, there are lots of people involved. It's just that in my department 4 out of 5 people who've been given a compromise agreement are mothers. Bit too much of a coincidence I think.

Sorry, I haven't read all of the posts, so apologies if this has already been mentioned.. but look closely at what the compromise agreement ties you into...

I signed one a few years ago when I left a highly security sensitive job - basically stopped me from working for the competition / in a similar environment or setting up as any sort of consultant for a period of 2 years (when it would be deemed that the stuff I was working on would either be in the public domain via patents or of limited use to the company)

But, it might have serious implications for you getting another job?

For me, the compromise agreement seemed like a VERY good idea at the time, but I ended up having to take a lower paid job, which (with hindsight) I deeply regret.

New to mumsnet, but was searching online for advice and came across lots of interesting info on the subject of Compromise Agreements. Am currently on mat leave, due back in July. I have been offered a Compromise Agreement as a mutually agreeable way to leave the firm. Would like to get a lawyer involved, but would like advice on a good London firm. Thanks

As mentioned already on this thread, Russell, Jones and Walker are very good at this. My own personal preference is for Bindmans, who specialise tend to be engaged on the employee side (other lawyers act for both sides and if you work for a lerger firm there are often conflicts of interest).

If you google either of these firms you will see they both have excellent reputations (Charles Russell, too)

What happened, mummyc?

Have pm'd you.