Compromise Settlement Help Needed

cazziebo

computergenieuk wrote: »

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.

Nonsense. A reference only has to be factual. I can say an employee had poor attendance, was dishonest, insubordinate, poor performer and I would not re-employee and as long as I can back it up with fact it is a legally acceptable reference.

However, if I'm bound by a compromise agreement only to give a positive reference I can say XX worked at X for X years from X to X and leaving salary was £X.

londondulwich

The problem with signing a compromise agreement is that the original poster will be shouldering the blame for an act or acts constituting gross misconduct.

In signing they are giving up any rights they have in relation to the matter they are suspected of and therefore a chance to clear their name.

Without knowing the details of what they are accused of and why the employer believes the accusations are legitimate it is impossible to advise.

Knowing the substance behind the accusations is essential.

cazziebo

londondulwich wrote: »

The problem with signing a compromise agreement is that the original poster will be shouldering the blame for an act or acts constituting gross misconduct.

In signing they are giving up any rights they have in relation to the matter they are suspected of and therefore a chance to clear their name.

Without knowing the details of what they are accused of and why the employer believes the accusations are legitimate it is impossible to advise.

Knowing the substance behind the accusations is essential.

Nonsense again. I was made redundant and signed a compromise agreement. I agreed not to take any action against the company, and in return they paid me for that, much of it tax free. There was no whiff of blame, misconduct or a need to clear names. We parted company on reasonable terms.

Compromise agreement comes into force when either party (usually the employer) thinks they may have something to lose. I worked in a high profile job, and would probably end up working with a company that would exert control over my previous company. They wanted to protect themselves.

No one has asked since whether my leaving was subject to a compromise agreement, just as I wouldn't think to ask a prospective employee of my current company.

No one has to know. The beauty of a compromise agreement is that you write the terms. In return for you going quietly, they give you a good reference. No need to mention again, no shadow on your employment history.

londondulwich

This is not a redundancy situation.

The original poster says that they have been falsely accused of gross misconduct and victimised for raising concerns about their employer.

It is rash and negligent to suggest signing a compromise agreement, or as you put it "going quietly", leaves "no shadow".

cazziebo

When will it ever come up in a selection process? When will it be mentioned? How can it possibly cast a shadow?! Compromise agreements protect both parties, hence why both parties take legal advice.

Rash and negligent?! Please don't mislead people with giving unsound information, particularly on this board. It's dangerous and it's people's lives and livelihoods.

marcus45

You are saying it is hearsay evidence in your case twelve weeks. Do you have anything in writing?
In addition, is there anything in their claims against you? Do you belong to a union? Alternatively, do you have home insurance policy that has legal attachments some do.
You do not say what profession you are in maybe you have a professional body that can advise you or provide assistance for you.
You need to know what the investigation is about they have to tell you about this and produce evidence to the effect... it a difficult time but refrain from putting things into writing just now try to get some legal help..
There are so many other questions involved.. Good Luck

Queenb_2

Thank you all for your kind words and advice - it was much appreciated.


I have spoken to my Solicitor and I have passed the matter on to him to deal with as its too big and messy for me. Hopefully the compromise agreement will be settled.

Fingers crossed it will be sorted soon and I can get on with life and new job and career.

I hope that when this is over ( and although I know I cannot discuss the case if I have signed it off) I will be able to help and advise others going through stressful times like this.

I've been suicidal and stressed and I am on anti depressants but I like to think there is a light at the end of the tunnel. I do after all believe somethings happen for a reason and maybe this was my kick in the rear to change my life and career - who knows.

Thank you again

QB
X

londondulwich

It might be worth confirming with your solicitor whether he could negotiate a mutually agreeable verbal reference as well as a written one.

Bullys tend to be insecure people who target others they see as threats. Sometimes this is because those people are more popular or gifted than they are.

They also seem to enjoy knowing their target is upset. It physically excites them.

They live with that seething mess inside their heads everyday. One way to look at things is to be happy you are not them or someone who has to live with one them.

CFC

londondulwich wrote: »

It might be worth confirming with your solicitor whether he could negotiate a mutually agreeable verbal reference as well as a written one.

Bullys tend to be insecure people who target others they see as threats. Sometimes this is because those people are more popular or gifted than they are.

They also seem to enjoy knowing their target is upset. It physically excites them.

They live with that seething mess inside their heads everyday. One way to look at things is to be happy you are not them or someone who has to live with one them.

You certainly have some odd ideas...I wouldn't like to comment on the 'physically excited' part!

By the way, very few employers will give a verbal reference because of the risks involved.

Best of luck Queenb, if it is time for a parting of the ways, and you've already got another job lined up, then taking any level of compromise agreement is a win-win.

londondulwich

Very few employers would suspend an employee for 3 months. Even fewer would fabricate grounds to base that suspension on.

The aggressive action taken towards the original poster seems to have an element of malice. In these circumstances it would not be unimaginable that the employer, if asked over the phone, would say something to negate the effect of a written reference.

Or following the "odd idea" I "certainly have", it would be consistent with someone who gets their kicks from hurting others, to twist the knife again if offered another opportunity to do so.