Dismissed on sick leave due to false allegations

boopopps

Just thought I'd let you know that my case is being settled out of court and I would never have believed it would, or that I would have been offered what I have. I am so glad though as my health has detiorated some this last month and I have just been released from hospital after 2 weeks. I am looking at the possibility of more major surgery, so I do not think I would have been able to fight my case as I would have wished to.

The solicitors are now drawing up paperwork. Does anyone know how long this usually takes and how long it may be before I receive settlement? One other thing, are these processes still likely to fall through and we end up back in court?

Googlewhacker

boopopps wrote: »

Just thought I'd let you know that my case is being settled out of court and I would never have believed it would, or that I would have been offered what I have. I am so glad though as my health has detiorated some this last month and I have just been released from hospital after 2 weeks. I am looking at the possibility of more major surgery, so I do not think I would have been able to fight my case as I would have wished to.

The solicitors are now drawing up paperwork. Does anyone know how long this usually takes and how long it may be before I receive settlement? One other thing, are these processes still likely to fall through and we end up back in court?

As a % how much have they offered to what you wanted?

boopopps

1st offer was 50%, we went back and said we would accept no less than 75% and they dealt.

Googlewhacker

boopopps wrote: »

1st offer was 50%, we went back and said we would accept no less than 75% and they dealt.

Excellant, glad to hear it and good for you to move on with life now. Congrats.

justanopinion

Congratulations! What they will do now is draw up a compromise agreement and detail what they will pay you. It will also list a lot of clauses that basically amount to you will drop your claim, not pursue them in an ET in future, and will not disclose details. Depends on how long that takes before payment. Remember, it will be subject to tax after the first 30k.

boopopps

Its not that much. Im just glad it will soon be over and the fact they are settling proves my innocence IMO, they always got to tribunal and mine was cancelled as they had another on the same day.

DavidF

Make a written reference part of your settlement. I would be asking this as a matter of importance TBH. It could be worth more than your payout long term.

boopopps

I have. My solicitor says that it will only be a factual one though. Dates of employment, job description etc

Uncertain

It is normal for a compromise agreement to have a clause where both parties agree not to speak ill of the other. It is also normally agreed that you left by "mutual consent". The firm will be making the payment without any admission of liability. There is normally a two way confidentiality agreement.

An agreed reference is also quite common (although to some extent the above helps in this respect). However, even if the agreed reference is glowing, the fact that the old firm have to respond to any questions with a particular form of words (and no others) will somewhat give the game away. For this reason I would be wary about giving this a higher priority than cash now as suggested by a previous poster.

In some fields simple factual references are becoming the norm. If this is the case with your work then maybe this is all that is needed.

Regarding tax, the settlement will normally include whatever payment for notice your were entitled to (taxable) then the rest will be compensation which is normally tax free (up to 30K). The firm will want a clause that says should HMRC decided this is taxable then you pay the tax and not the firm - this is normal.

skattykatty

Dear Boo...I have just read your entire story and the sense of light and relief, if only a teeny tiny part of what you must be feeling, is palpable!!! I am soooo happy for you. I so hope that you will be able to really look after you now. All the best, always...