Work Related Stress - Compromise agreement

Woodycuk

Hi,
I have been working for my employer for 3 years, office based work but within an industry renowned for long hours & high stress enviroment.
Approx 3 months ago company enforced a change to my job role without discussion, the new role in some respects could be seen as a demotion from the job I was originally employed to perform. With the new role came an increase to hours (average 12hrs per day) mostly without breaks, on call 2 in 3 weeks and an increase to stress levels. A month into the new role I had an anxiety attack at work & have since been signed off with work related stress (depression/anxiety).
I had a meeting with my immediate manager a week into my illness to discuss the situation & was surprised by the negativity from the employer. They offered little hope for returning to work....no consideration for alternative role & top of the agenda mentioned that perhaps I could strike a deal with the company to have my contract terminated. Have had regular meetings since but always leading to the same option of this deal.
I have been negotiating with the directors through this manager and have now received compromise agreement however can't help but feel I may be selling myself short.
Financially I could be walking away with approx 3 months salary (two thirds tax free) & my 4yr old company car worth 6k....is this a fair deal????

markeymark

no way m8, workplaces can't bury there head in the sand, stay off as long as u can, seek legal advice and possibly go down the road of constructive dismissal

covlass

I take it you contract of employment has change, if so they can not do so with out giving you a months notice and you have to agree to the new contract. Unless in your original contract they was a flexibility clause,

Also your employer has duties under health & safety regulations to assess and take measures to contol work related stress, they can not dismiss you for work related stress

Googlewhacker

markeymark wrote: »

no way m8, workplaces can't bury there head in the sand, stay off as long as u can, seek legal advice and possibly go down the road of constructive dismissal

How do you know that isn't fair(presuming it is about 9-10k total?) Presuming the OP is on SSP it could be a fair chunk of money for a new start.

However if that is their opening offer then I would as above get some proper advice and get that CA increased, you have to get proper legal advice for a CA to be valid and the company normally pay for this.

Googlewhacker

covlass wrote: »

I take it you contract of employment has change, if so they can not do so with out giving you a months notice and you have to agree to the new contract. Unless in your original contract they was a flexibility clause,

Also your employer has duties under health & safety regulations to assess and take measures to contol work related stress, they can not dismiss you for work related stress

It can be argued that 3 months passing without the OP making a formal grievance about the changes is construed as acceptance of the contract. If the company can show for business reasons why there is the change in contract hen even if you disagree they can push it through and if it goes to a tribunal if they have the valid business reasons any compensation will be minimal.

They can dismiss you for capability reasons regardless of why the OP is of (throught a process). If they dismiss then the OP could look at taking a claim out against them for work related stress but it is a seperate issue.