Advice Requested

Kaiama wrote: »

Dear All,
Advice would be appreciated!
I am not a complete expert but here goes:-

In 2016 I got a job. Senior, good salary but the hours were long and there was never enough staff to get the jobs done that were required. After 6 months, my probation was up yet my employer wanted to extend my probation. I threatened to leave, if, after 6 months of working my !!!! off, they couldn't make up their own mind.
But at the same time, work that had been outsourced was brought back in house to be done by me. I had not yet been confirmed in the job and felt it necessary to say yes, even though I did register my concerns.
My employer confirmed me in the job. Over the course of the year, no further resources were provided, and decisions made by my superior resulted in more work being laid on my desk. There was so much work that I was doing 10 hour+ days. Things got behind but I managed to get through it all even though there were delays. I managed to get all the work done by statutory filing deadlines.
Thereafter, the pressure relented, but there were still no new resources provided, and I was asked to spend time on specifc projects. Again statutory filings were completed on time.
After 18 months I had stroke and spent 2 months off work during which time an interim was recruited by the employer to keep things going.
On my return to work, my employer whilst making adjustments for a phased return to work, did not allow me to return to my old job and kept me off on one side doing trivial stuff whilst letting the interim run my department. I began to suspect that my return to work was not anything of the sort but some sort of capability assessment. I uncovered evidence that the tasks that I had been set were being used to negatively assess my capability to do my job, and that there was a proposed plan to restructure my department with one redundancy - me, and that my interim would be ideally suited to providing guidance to a less qualified replacement.
I worked out what was going on and wrote a grievance letter which I theatened to serve on them (always keep the door open).
This resulted in a meeting with a very senior person during which solutions were discussed. The evidence which I had uncovered was denied as having been used for the basis of any restructuring decision (i.e. not yet taken).
Not unsurpisingly, we are now working on a settlement agreement.

The net result is that I am now likely to have 3 months gardening leave, no requirement to turn up to work, a fantastic reference, and potentially 2 months ex gratia (they wanted 1 month). At the end of the day, I think I will get a good 5-6 months to look for work.
Some thoughts:-
1 I have evidence to prove that they did not provide sufficient staff and that I did long hours and my illness was a result of that. The restructuring proposal provided for MORE staff! . Health and Safety and employer's insurance etc. Clearly, if I go to court, things like references will be more strained. I have resolved to consult with the HSE/Lawyers on this BEFORE I sign any compromise agreement. If you go to court, your references won't be strained. They won't exist! But go to court about what? You aren't going to want to hear this, but there is absolutely nothing in your account that is unlawful, and no case of anything. You will not find a single doctor who will testify in a court of law that your illness was a result of working too hard or too many hours. If working too hard was an unlawful activity then the courts would be crammed! And I am sure you will also find that you voluntarily worked those hours. Nobody actually forced you to work them. And you will be required to consult a lawyer before signing a settlement agreement - it isn't a legal document unless you do. Will the employer be paying for this too?
2 Their "evidence" is on my capability to do my job - but they preferred not to go down the disciplinary route as they had never made such allegations before AND I was never told that I was being assessed AND they made my life really difficult. Instead they used this "assessment" of my capability to justify a restructure. And I found the evidence (no-one gets asked to write a restructuring proposal for fun). Nothing at all unlawful in that. You have evidence of the employer doing something that they are allowed to do - to restructure their company as they see fit.
3 They are baulking at paying 2 months ex gratia. The 2 months ex gratia is being dressed up to show as compensation for loss of office. I did have a stroke but made an incredible recovery with no visible or audible lasting effects. Part of my brain is screwed though.
4 They did say that if they wanted they could just give me 1 month's notice per my contract BUT i think they are bluffing. I doubt it. You have nothing on them. You have no case. They are paying off an inconvenience - that is all you are to them. Become more inconvenient, and they may as well give you a month, let you try to make a claim, then pursue you for costs for wasting their time.
5 My view is that they have a potential Health and Safety case to answer which they would lose. They did get caught in the process of trying to railroad me out of my job but I have not been there 2 years yet and its not almost 2 years, more like 19 months. Your view is incorrect. There is no case to answer and they will not even get to court, never mind lose!
6 I don't think that trying to go back to work is worth it with this employer and best to move on after their actions and treatment of me. Good advice to yourself. Take it.

I have played bad cards well but there is always scope for improvement!
Sorry for the rambling account, but my keyboard is !!!!! and its late.
All advice gratefully