breach of contract/settlement agreement

[aerialb]

Hi everyone,

Am reposting here after I had to have the older posts deleted a previous post (there was too much info). Basically i am in the process of agreeing a settlement agreement (sham redundancy, breach of contract)I've now been given a deadline. I've managed to get them to 11K (am part time higher ed). My solicitor has the document, should they expect my solicitor to push for more? They are caluculating my annual leave incorrectly but have left it very vague in the settlement agreement shouldnt it be a schedule of payments?

sorry guys for deleting the previous 80 posts but I really freaked out. Dog, Squiggles and all others;)

My husband recently came to an agreement with a former employer. I am pretty sure the employment lawyer specifically said they were not there to negotiate on the amount, but were there to review the agreement.

Your solicitor may negotiate on your behalf, but the amount paid by your employer towards your legal fees will generally only cover reviewing the agreement.

A settlement agreement typically just states how much you will receive. It does not normally show how this was calculated.

Usually when there is a settlement figure it is given as a global amount without a specific breakdown. You should do your own specific breakdown as to what you think each element that can be specifically quantified is so you can see whether it is a fair offer.

The amount your employer will pay to a solicitor on your behalf is to ensure it is legally fair and binding but doesn't extend to negotiating a better deal. You would need to foot those costs yourself.

@aerialb

They are caluculating my annual leave incorrectly but have left it very vague in the settlement agreement shouldnt it be a schedule of payments?

Do you have a confirmed record of the vacation days you've taken and accrued days you are owed? Get the formula from HR (or your employment contract or your union rep or ACAS) to get the correct amounts of holiday pay you are still due. It sounds like your employer has moved a fair way from where they started so I'd be careful in pushing too hard at this point - just get what you're due, including holiday pay, confirmed in writing.

I'm assuming you have employer pension as well (perhaps via an external company they use?) so find out what the final pension amount you're due. See if you can transfer that to the new company once you've received an offer of a new job and once you've sorted out the immediate salary, holiday and other payments.

Keep things professional between you and them and exit at your earliest agreed date. Good luck with the search for a new employer. 🌹

Depends how much you earn, I took a compromise agreement which was a months notice period which was taxed, and the. The equivalent of 4 months salary tax free.

Thanks am only part time, so am the same its at 5 months salary. How did you all deal with the stress of it all? Thats my biggest problem right now, its the lies and deceit thats the hardest.

The holiday they are trying to say am owed less but am more concerned with the reference at the minute, its needs rewriting

hey thanks so much for this there is a horrible back story to all of this but there always is i guess. Thank you, they are trying to reduce my holiday on purpose ive already explained the correct calculation but for some reason they are reluctant. I shouldnt have to be arguing for holiday its all wrong. Thank you for your support it is so stressful.