Re: Compromise agreement question
- From: manuel@xxxxxxxxx
- Date: Fri, 7 Mar 2008 00:08:22 -0800 (PST)
On 22 Feb, 02:29, RRB <rbrow...@xxxxxxxxxxxxxx> wrote:
On 20 Feb, 09:09, David <NUFFSN...@xxxxxxx> wrote:
On 20 Feb, 08:50, RRB <rbrow...@xxxxxxxxxxxxxx> wrote:
On 8 Feb, 20:53, David <NUFFSN...@xxxxxxx> wrote:
On 8 Feb, 16:54, RRB <rbrow...@xxxxxxxxxxxxxx> wrote:
I spoke to a solicitor today over the phone who said it was too early
for them to get involved with the settlement figure but they did offer
free advice on what was a reasonable amount to be asking for. They
mentioned 6 months net pay, accrued holiday payment and full pay up
until date of termination would not be unreasonable to ask for. I am
not sure if i should ask for more, stating the frame of mind they have
left me in with their non contact with me for over 3 months consider
my state of mind at the time.
A thought did occur to me regarding the issue of not coming to a
suitable agreement. If i was to say i was fit to return to work and
there is no place to put me, what would be their next course of
action. Also they are using a contractor on the client site now who is
replacing me. So while its the client that didnt want me on site due
to my phased return not going fast enough for them, my company is
terminating my employment while using a contractor to fill my role.
Again i would like to thank everyone for their input here it has
helped me greatly. If there is any other input that may be beneficial
i would be glad to hear it.
That sounds like sound advice !
If you just hang in there, they may ultimately dismiss you on
'capability' or 'some other substatial reason' [client
unacceptability] grounds - BUT they'll need to do this properly and
lawfully and they don't seem to have a glorious track record up to
now !! - BUT - it would all hinge on how favourably a Tribunal viewed
your case 'on the day' - that's a biggish risk to take both for you
and for your employers.....AND you MAY get awarded next to nothing,
if a Tribunal takes a dislike to you...........
I got a reply back from my employers yesterday regarding my settlement
figure i proposed. They were having non of it and have offered me 2
months salary to sign thecompromise agreement. If taking into account
a months notice and that they actually owe me 3 weeks outstanding
holiday payment (i assume by law they have to pay that holiday?), i am
being asked to sign an agreement for 1 weeks pay realistically.
Naturally i will refuse this offer. Can anyone offer any advice on
what would be the way forward here.
Regards.- Hide quoted text -
- Show quoted text -
Then one scenario could be to just reject their offer for all the
reason's you've stated [and yes, they must pay in lieu for un-taken
accrued holidays] and sit back and let them dismiss you and with any
luck they won't do it properly. Even if they do, appeal against the
dismissal and then [after 28 days if appropriate] start Tribunal
proceedings by putting in an ET1 claim. Citizens Advice or ACAS ought
to be able to guide you in detail. Your employers seem to be acting a
bit irrationally !!
David thanks for the advice again.
I refused the offer from my employer stating how their lack of contact
for 4 months left me in a bad position and 2 months was not enough
time to allow me to get back on my feet again. They have now come back
stating they understand my point and have now asked me to supply a
more realistic figure than my previous figure. So its back to me now
to ask again. Ill see how it goes tomorrow.
Have you had any luck yet? I am being offered 2.5 months' pay plus
statutory plus accrued holiday. To me this seems very reasonable
considering that I totally disliked my job and I was going to resign
anyway, but my employer didn't know my intentions. However, the fact
that they've offered me a compromise agreement makes me think that
there is something in it for them. The offer will expire after 7
working days from yesterday. In all probability I will sign the
agreement and save myself a lot of hassle. If I liked my job, I
probably would have consider taking my case to a tribunal.
.
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