Compromise Settlement Help Needed

Queenb_2

I have worked for my employer for 20 years and have been suspended for 12 weeks after being accused of gross misconduct, though I am innocent of this and they have no evidence of it - it is all on hearsay and gossip.

So I have approached my employer for a compromise settlement as I have had enough and this situation is making me ill.

I have been offered a reference and £2000 if I resign, though I was told that actually senior management didnt want to give me anything but HR think that because I have been with the company a long time I deserve something.

Now this has angered me as what so I do? Personally I think I am worth more but if I refuse then we go back to square one and I am still left waiting to see what they will do with me. They are playing games - I am sorely tempted to resign and go to the press with my story but I have no wish for my name and pic to be well known.

I have also been offered a job but I cannot start with them as they will require a ref from my employers who at the moment will give me a bad one.

Anyone been in this situation and any advice please?

QB
X

londondulwich

An employer has two main grounds for suspending an employee accused of gross misconduct.

Either the employee is a decided risk to the immediate safety of other colleagues, or the seriousness of the misconduct, if well founded, would destroy any possible employment relationship.

Does what you are accused of satisfy either ground?

If it does, it would be reasonable to enquire what investigations have taken place since the suspension. If any investigations have happened you might be interested in when, how and by whom they were conducted. The list of questions it would be reasonable to ask are non-exhaustive.

Without knowing what cards your employers hold it is impossible to negotiate as you don't know the extent of their exposure or your own.

Savvy_Sue

My understanding is that before you can sign a compromise agreement, you HAVE to be offered independent legal advice, which the company must pay for.

I would contact ACAS about this, but it should be your solicitor who advises you whether the offer is reasonable!

Queenb_2

Well basically I have been stitched up by people who do not like me - in the past I have been vocal of mismanagement and now they are getting their own back. Its a boys club which I dont play in.

They can say that what I am alledged to have done would warrant them thinking that this would destroy any possible employment relationship.

I have tried to find out how these "investigations" have been going but I seem to hit brick walls. There is another person who is alledged to have been involved in my suspension and they have not been approached at all - and this has been gone on now for 12 weeks. Lord knows what they have been doing as all "evidence" on me is gossip and I even know that one statement taken by another member of staff was taken under duress and they left their meeting after an hour and a half in tears.

You can see why I am angry that they seem to be forcing me out using underhand tactics and bullying?

The way the HR guy spoke to me I am led to believe that the Solicitor's fees for assistance in the compromise settlement are included in the £2000.

dfarry

Queenb wrote: »

Well basically I have been stitched up by people who do not like me - in the past I have been vocal of mismanagement and now they are getting their own back. Its a boys club which I dont play in.

Sounds familar... I'm just like you... not confrontational but I stand up for what I believe is right and morally just.

In my case I was made redundant in 2005.... and there was absolutely nothing I could do about it.

londondulwich

In order for a solicitor to advise on your best interests, they need to have access to the investigation, if there has been one.

It is extraordinary that your employer has refused you access to the documentation related to this matter.

This is a suggested letter you could send:

Dear Sirs (or name of Human Resources manager),

Re: disciplinary suspension

I am concerned with the fairness of my suspension (paid/ unpaid) from work.

I am aggrieved and upset that no satisfactory response has been forthcoming from my repeated requests dated (?) for clarification. (This paragraph alerts the employer that a formal grievance has been raised)

I feel isolated and extremely distressed (have you been to your GP?) by both the obscure way that the investigation is being conducted and the unwillingness of those conducting the investigation to allow me to participate in it. (This paragraph sets the scene for several employment claims and puts the employer on notice of a possible personal injury claim)

Can you please provide me with the documentation related to my suspension. (This is a formal request for disclosure, but you deliberately do not mention anything to do with Data Protection Act, the £10 fee or the word "disclosure". This offers them the opportunity to dig themselves in a little deeper. As soon as they think litigation is in the air they'll start to cover things up and behave).

Dawnie_Baking_Lady

Hu

There needs to be some decision on the gross misconduct one way or another and I am amazed that 12 weeks later this is still outstanding. Are you still being paid? Also you are entitled to have someone attend any meetings with you - this is not a right to representation but to attendance - at least they can take notes. The company also need to be seen to be following their own procedure so what does it say in their disciplinay procedure? I agree that a chat with ACAS may be worthwhile. I agree that a letter needs to be sent by not sure of the personal effects included in the letter above - I think you just need to ask for a full explanation of the suspension, copies of documents in support and a timetable for the investigation to be concluded and a final meeting for the decision. They should also detail their appeals procedure. I think you need to play them at their own game and force their hand to be business like in this matter by setting out their stall.

Good luck

cazziebo

As part of the compromise agreement you must have access to an independent lawyer and your employer must pay reasonable costs for this. As part of the compromise agreement you can have written in that the employer will NOT give a detrimental reference. As part of this agreement you can also request a greater settlement, although this can't be substantially different unless you are willing to pay for any additional legal costs that might be incurred. If you think the company just want you out of your hair, then go for what you think they might pay.

The lawyer is only engaged to discuss the compromise agreement, not for any preceding disciplinary process - if you want to pursue this then you yourself would be liable for the costs.

You know the scenario better than anyone on these boards. If you think rejecting the compromise agreement and fighting the disciplinary process might yield better results then do that. Do you really want to work there or cut your losses and go?

Solicitor's fees are not part of any severance pay. Do you have the £2k offer in writing?

standupguy

As others have said the solicitor is to advise you on the clauses within the compromise agreement and the company should pay these up to a maximium of circa £250 usually.

Signing the compromise agreement will mean you cannot take any further action in any way.

You can agree the wording of the reference within the compromise agreement - if you do not like what they put, the solicitor can ask for a change.

The best and quickest way out for all concerned seems to be on a compromise agreement.

You are right when you say they are playing games - that is standard HR practice - using intimidation to make you walk away for less and save the company money.

When you talk to them about the compromise make sure you tell them that the discussions are off the record.

With 20 years service perhaps it is worth saying that you are interested in a compromise agreement to resolve the issue quickly but the compromise amount needs to be, say £10,000 and detailed as a loss of office payment and payable tax free?

Tell them you feel that is the minimum value due to length of service?

Savvy_Sue

Others seem to be agreeing with my understanding that your solicitor's fees should be ON TOP OF whatever you're offered to go quietly, not part of it.

computergenieuk

I had employment issues and ended up taking them to a tribunal and i won.

One thing i will point out thou which ACAS told me, a company can refuse to write a reference but if they decide to write one it can only say the good things about you and if they say anything bad about you and what happened then it becomes illegal and they can get into serious trouble for it. I would seek legal advice from a solicitor and if you agree to the payout i would also make sure a contract was written saying that they will write a reference for your other job. A solicitor depending on all circumstance may advise you there is no evidence and you could get more if it is taken to a tribunal etc.