Settlement or Withdrawal

SevenOfNine

Uncertain wrote: »

It may (well) be possible to get an agreed reference as part of the settlement.

It costs the company nothing to agree to this and if they are keen to get the matter settled then there is every chance they will agree.

This could be worth a lot more to you than long term than a few thousand pounds now.

My friend rejected the 1st and 2nd settlement offer in her case, accepted the 3rd (it went up from 7k to 28k), but made an agreed reference part of her settlement..........and the employer made "keep your trap shut" part of their offer.

If your choice is only between accept or withdraw, I'd accept with an agreed reference part of the acceptance.

Uncertain

SevenOfNine wrote: »

My friend rejected the 1st and 2nd settlement offer in her case, accepted the 3rd (it went up from 7k to 28k), but made an agreed reference part of her settlement..........and the employer made "keep your trap shut" part of their offer.

If your choice is only between accept or withdraw, I'd accept with an agreed reference part of the acceptance.

Yes, a "keep your trap shut" (i.e. confidentiality) clause is a normal part of any settlement. This is something the employer doesn't get if it goes to tribunal, win or lose.

Equally, even if the employee were to win hands down and get a substantial award (unusual) the tribunal doesn't have the power to order a good reference.

WPN

That is why you should disclose all information to someone else BEFORE settlement. So even when you respect confidentiality the information has already been leaked beyond your control.

SevenOfNine

...............which is why she told me everything as it progressed along. Though no need to 'spill the beans', I felt she did pretty well out of it (& I still had to work there!!!)

KiKi

I remember your initial case very well. I won't repeat it here, but I would settle and move on. You've filed for constructive dismissal, your allegations are hard to prove, and IMO there is some paranoia about what people have put in your 'HR file' which you seem to think will haunt you in the future.

You are right when you say it's taking up a lot of emotional energy - your issues with the company and your 'snake' manager seemed to be doing this even before you decided to go to ET. You really, really need to move on for your own sake. I know you're worried that there are things on your file that might be untrue, and that someone will come after for it, but they're not going to. Your HR file will never, ever be looked at again now you're not working there.

IF your ex-manager is harassing you or causing you problems now, then it's a police matter and I would deal with it that way. On the work front I would drop it settle and move you. You are still, it seems, extremely distressed and worried about the whole thing. It's doing you no good.

Oh - and welcome back SarEl! We missed you!
KiKi