Advice: Tribunal or not and how much?

ahurford1

Hi

I was made redundant and as part of my leaving package I had to sign a "full and final settlement agreement". For some reason the company didn't want to get a legally binding compromise agreement.

My question is that am I still able to take the company to an employment tribunal even though I have signed this internal agreement? If so, would I be able to defend myself or would I require legal assistance?

Also, do you know how much a tribunal would offer in terms of loss of earnings if I was to win?

Hope you are able to advise.

Thanks in advance.

Googlewhacker

What reasons would you want to take them to tribunal? How long have you worked there?

As for tribunals, check on your house insurance and you maybe covered for a solicitor on it.

ahurford1

The redunancy was a stitich up - no real reasons - just wanted to get rid of me and not the job.
Worked there for about 15 years.

Judas

ahurford1 wrote: »

The redunancy was a stitich up - no real reasons - just wanted to get rid of me and not the job.
Worked there for about 15 years.

Did you appeal the redundancy?

ahurford1

Judas - I had a consultation period in which I raised many issues which were not answered satisfactorily and some issues were not answered at all. No internal appeal cos I signed the internal agreement.

Ewarwoowar2

ahurford1 wrote: »

Hi

I was made redundant and as part of my leaving package I had to sign a "full and final settlement agreement". For some reason the company didn't want to get a legally binding compromise agreement.

You cannot sign away your rights to bring a tribunal claim without independent legal advice i.e. a compromise agreement.

Your employer either didn't want to pay for the legal advice or didn't want you to have correct legal advice.

ahurford1 wrote: »

My question is that am I still able to take the company to an employment tribunal even though I have signed this internal agreement? If so, would I be able to defend myself or would I require legal assistance?

Yes you can. But if they've given you more redundancy pay than your entitled to either in your contract or statutory, then this would be knocked of any compensation you receive from the tribunal.

ahurford1 wrote: »

Also, do you know how much a tribunal would offer in terms of loss of earnings if I was to win?

Hope you are able to advise.

Thanks in advance.

Depends what you prove to the tribunal. If you prove that the employer didn't follow a fair procedure, but there was a genuine redundancy situation and you would have been selected if a fair procedure had been followed, you won't get much.

If you prove the whole situation was a sham and you should never have lost your job. Or there was a redundancy situation, but you should not have been selected if a fair procedure had been followed, you will get your financial losses. So if it took you six months to find a job paying the same after you were made redundant, you'll get six months loss of earnings.