Comp Agreement negotiation

[treetopstoo]

Hello - I need to negotiate a compromise agreement as I cannot afford to pay the solicitor to negotiate (although realise that they will need to go through document with me once finalised and have £250 from employer for this).

They have asked me to consider as they know I will go to tribunal for unfair dismissal otherwise - I also likely to have a case for personal injury for serious work related stress leading to breakdown, harassment and bullying and no training to enable me to take on role that I was pushed into applying for. It is for Local authority.

Any tips on how to negotiate and amounts?

Thanks

What do you want to achieve as a package? What will make you feel satisfied and able to move on? A months' salary, or a years'? And how long have you been there, and how strong a case do you have? All of these very important - depending on circs you may find that no amount of compromise will provide you with proper 'closure' for you..and the circumstances will dictate how the employer treats you, and what they will want to negotiate.

Are you able to provide some more info?

A years salary is what I want/need in this market to move on. Will be difficult to get another job for me. Yes I will still feel annoyed about being unfairly dismissed. Have a good case according to solicitor, been there just under 2 years. Hmmmmmmm

IMO you will really struggle to get a year out of them without a battle - 6 months is probably what they expect to settle at if you have a reasonable case, 1 year I think tops, if you have a rock solid case and have proven yourself willing to go the distance in terms of a fight (which would of course probably include legal fees).

Without very clear details of everything that has happened I don't think anyone can really advise, but 1 year will be a tough settlement to negotiate.

Flowerybeanbag can help you maybe.

Do bear in mind that if you do go to tribunal or take it further, it will be very very very very painful for you. They will be rude, dismissive, mean, lie and say some very hurtful things about you and your work. It is a long and truthfully a lonely road. I am not trying to talk you out of it, just telling you how it really would be. The onus is very much on you to prove it.

I think you should write them a letter, telling them that they have done x, y and z and that a compromise would be good all round and in particular for you to be able to move on and suggest 12 months pay. It can only go down from there.

Make sure in BIG LETTERS you put "WITHOUT COMPROMISE" at the top of the letter.

treetops have you been offered a compromise agreement by your employer or are you requesting one. If you've been offered one how much have they offered you. I would always wait until they have offered first and would not usually suggest you come forward either requesting a compromise and/or suggesting amount as this will serious reduce the amount you will get.

To get a vaguely decent amount, your employer need to genuinely believe you will go to a tribunal so I would avoid making any steps forward towards compromise first, make them do it.

hi there
i have been going through appeal and grievance process at work recently and i had some help of a guy calleed john wright his site is employment law expert, it is a charitable organisation and he is very good, you can quote case authorities at your employer from cases similar to yours that have been successful.
john helped me a lot free of charge via email, i did send a small donantion via paypal in the end to help running of website cos it is a charity, his site is great tho and full of relevant info
hope this helps
rachael
x

thanks for your replies.

flowery - they contacted me to ask me to consider a compromise agreement and offered me 3 months

lily - thanks - am going to have a look at the site now

web address to the website is:

www.employment-law-expert.co.uk/profile.htm

have read thru the diff sections and topics its very interesting if you have time to try and understand it cos it is boggling at times x

The personal injury case is separate, and would still be entitled to claim even if the Compromise Agreement has gone through.

You need know what aspects are taxable and what parts aren't. It would be a shame if you were happy with the amount without realizing what tax you would need to pay on it.

Also, if it's local authority, is there not a union offical who could help? If you aren't in the union, perhaps you could at least ask about what to expect re: going rate?

I am pretty sure You don't pay tax on a settlement.
I would start at a year and see what they come back with.Also be sure to agree a reference as well as your financial settlement.

I am pretty sure You don't pay tax on a settlement.
I would start at a year and see what they come back with.Also be sure to agree a reference as well as your financial settlement.

Depends. A Compromise Agreement is not redundancy. I paid tax (and NI) on parts of mine (pay in lieu of notice) but not on severance pay.

So, it's worth finding out first what the company will list as a reason in the agreement itself