Agreement just before PHR now Respondent wont pay

gor01

Can anyone offer any advise please.

I was made redundant following a period of sickness. I applied to the ET for unfair dismissal & disibility discrimination. Following GP & consultants report a PHR date was set to discuss/decide whether I was disabled at time of redundancy. At the Tribunal I was approached by the other side to settle the case. I agreed to two seperate payments which was all written down and signed by both parties. The first instalment is now due and the respondent wants to change the way the payments are made. The document we both signed states that if all has been adhered to the by a date in the future my claim against my former employer is finished.

Any advise would be greatfully received.

SarEl

Please explain the nature of the signing of this agreement. Was ACAS or a solicitor on your side involved?

gor01

Many thanks for your reply.

Yes I had a solicitor. The agreement was made just before we were about to go into the PHR and negoitiations took place between my Solicitor and my former employers Barrister.

SarEl

In that case it is a legally valid compromise agreement and must be adhered to or you inform the tribunal that the settlement has not been met, and so the claim goes forward. I would suggest that your solicitor write a strongly worded letter to the company informing them that if the terms are not immeditaely met then that is what will happen.

gor01

Thank you so much for that. An update has now happened. The respndent has now sent a cheque for 1/10th of the first payment and said would pay this amount each month with no explanation why!!! At this rate it will take nearly 2 years to pay (the second and final instalment is also due in 3 months). My question now is If I go back to the ET and continue the case and win, could the same thing happen again?

Thank you once again in advance for your help.

SarEl

Theoretically not, because the tribunal awards are supposed to be paid in whole within a set period. In practice it may require a County Court or fast track order to get it, and if the respondant can evidence that they "cannot" pay.... well, blood and stones comes to mind. The system is better now - but it isn't foolproof. And given what you describe it sounds like a small employer? In which case they may wind up the company before that ever happens. It isn't unheard of I am afraid. But you also don't really have a choice, do you? Try it the way I suggested first - it may shake the money loose and save you a lot more time and stress. You have nothing to loose.

gor01

Thank you for your reply.

A couple of questions please.

A. Could I use the compromise agreement and go straight to County Court or Fast Track?.

B. In regard to the cheque should it be cashed? Does it look like I am agreeing to new terms?

Many Thanks I do appreciate your input.

SarEl

gor01 wrote: »

Thank you for your reply.

A couple of questions please.

A. Could I use the compromise agreement and go straight to County Court or Fast Track?. Possibly - but I don't know the exact terms of the agreement. If the agreement was pay and then I will withdraw the claim - then it may not be possible because the claim is still active.

B. In regard to the cheque should it be cashed? Does it look like I am agreeing to new terms? No you shouldn't cash it without legal advice to do so, or, as you say, it may be taken as agreement to new terms.

Many Thanks I do appreciate your input.

As I said - you really should be talking to your legal representative because they have all the details of the current situation and can give you an accurate assessment of your best options.

gor01

Thank you so much for your imput.

I will keep everyone updated on what transpires next as this could happen to anyone.

Gor01

SarEl

gor01 wrote: »

Thank you so much for your imput.

I will keep everyone updated on what transpires next as this could happen to anyone.

Gor01

Sorry - re-reading this I wasn't 100% clear - you cannot "fast track" a compromise agreement as this relates only to tribunal awards. But in relation to your last point - it happens (and worse - no payment) a lot more than you'd think