Urgent advice needed from employment law expert

Hunter_II

Hi

I was bullied at work for 15 months. For last 9 months have been on sick leave suffering from work related stress. I have gone through a grievance procedure which was not upheld. I appealed-again not upheld. My bullying Manager was very clever in the way he carried out his reign of intimidation. Unfortunately, he bullied me where no witnesses were available - my word against his. I have tried to go down an ET route but advised against it from a Solicitor who said my evidence will be ripped to pieces in the court as my word against the Manager with no witnesses.

Employer now offering a compromise agreement with a good reference. Offering me 12k with excellent reference. I am tempted to take this as ET route is not advisable by Solicitor.

I had the option of leaving the Employer under any of the following two reasons - "mutual agreement by both parties" or "resignation". I chose the "resignation" reason as could give x amount of reasons for leaving my job (ie needed a change, want to follow different career etc) - Solicitor advised me to ask for the resignation route.

My only concern now is that in the current economic climate, which Employer would want a person who has been on sick leave with work related stress for the last 9 months. My Employer has confirmed to me that in their reference they will not mention my time off at all.

Can someone with employment law expertise please advise me on the following points -

(1) What explanation should I give to the new Employer in relation to why I have left my current Employer?

(2) How do I explain away the 9 months of sick leave?

Any advice is much appreciated.

Regards

Hunter II

fluffy70

Hi Hunter II

why are your current employers offering you a compromise agreement if your grievance was not upheld? Are they making your role redundant?
In your search for a new job, when your current employer makes their reference for you they are not permitted to disclose any absence records nor are they permitted to write an unfairly derogatory reference. At worst they can write that you worked for them as xxx for x amount of years. If you wanted to disclose your 9 months' absence to your new employer it is at your discretion if you tell them the full story although yes, some employers will reel backwards at the potential for a 'troublemaker'. However if you have been offered a 12k 'kiss off' with an 'excellent' reference then take it - at leaast you would know that your reference would be good - and you have full rights to see that reference to ensure that it is indeed 'excellent'

Although i still say that by offering you that they are in part accepting your unfair treatment.... perhaps your employment law solicitor wasn't that good????

titannia101

Hi
I'm glad they are offering a compromise - it's far better for your mental health than attempting to go down contructive dismissal route or remaining there! Have you asked for your reference is included in the comp agreement? This is normal practice if you are at all unsure about what they would say.
As far as giving a reason to a new employer, either of the options you give above "ie needed a change, want to follow different career etc" would be fine; but you will need to rehearse your explaination and why you left without another job to go to, ready for interview.
As for mentioning the 9 months sick leave, I wouldn't raise it until the interview. If you are offered a post and they require a health declaration you would have to mention it then.
I would be wary about taking on someone with such a bad sickness record, BUT if that person had been honest about it and had explained it fully to me then I might give them a chance and Occuptional Health could reassure me that the illness would not recur.

Hunter_II

Thanks Fluffy70 and titannia101 for your comments.

Any advice as to the best reason to give for leaving would be helpful. What if I am asked to mention how long I have been off sick on any applications forms?

Thanks

Hunter II

Hunter_II

Hi

The Reference is included in the Compromise Agreement. I have seen it. It mentions my job title, period of employment (x to x). It also mentions that they will not enter into any further correspondence apart from the above.

Regards

Hunter II

jobbingmusician

I don't think this is the best reference I have ever seen, TBH. I've had one like this, and my current employer smelt trouble, and asked me to explain further.

I suggest you ask them to incorporate a confidentiality clause in the compromise agreement - neither side is allowed to reveal details of the agreement. That way, you can tell any future employer that you left under a compromise agreement, but that the agreement itself prevents you telling them anything further. You can say this in a manner which implies that the employer is pretty guilty!!!!! - and implies that this is why the reference doesn't say more, as they were unfair to you.

This is only my uninformed view, however. There are some clever qualified people on here, and if they think this idea is rubbish, listen to them. It did work for me, however.

Caroline_a

I was recently made redundant and the compromise agreement that was offered (and accepted) had a similar reference. I understand that many companies are not choosing to offer any more than this, no matter what an exemplory employee you have been.

If asked why you left last company, say you wanted a new challenge!

Hunter_II

Hi

Thanks jobbingmusician and Caroline_a.

A confidentiality clause is incorporated in the Agreement which requires neither side to mention any details of the Compromise.

I have found a list of possible explanations I can give for resigning which are listed below -

"No Career Opportunity"

"Career change"

"I am looking for better prospects and a better work environment"

"Better advancement opportunities"

"schedule that works better with family"

"I had a grievance with the company but the settlement I received includes a confidentiality agreement"


"Felt like you needed a change in your life and wanted to try something new"

"Tell them you had gone as far as you could with that company and you wanted to take on new challenges."

Any suggestions as to the best reason to give from the above would help. If someone can suggest further reasons, please do.

Regards

Hunter II

Emmzi

TBH the answer I would give would depend on the job I was going for BUT I would not use the schedule / family one it suggests inflexibility.

SarEl

The advice I always give clients is "the limited truth". I left under the terms of a compromise agreement which I am not permitted to discuss any further. Most employers (incorrectly) assume that a compromise agreement indicates that the employer was in the wrong and do not enquire any further. Anything else sounds fishy. people wanting new challenges, better prospects, more family time... or whatever - get a job before resigning! Idiots (and people actually guilty of the disciplinary allegations they have been charged with) resign before having another job, and even if you do not fall into this category, that is what employers will assume if you come up with any other excellent reason for resigning. The agreed reference you have will do nothing to change that perception - whilst some companies offer no more than basic information on any reference, it isn't the norm and an employer, putting the two (your excuse and that reference) together will come up with a very unflattering view of you.

patman99

Nice to know your employer has admitted they have got it wrong and know any good solicitor would chew them up in court. Otherwise why would they offer you a deal?.
Do you have phone numbers or email addresses for some of your workmates?. Speak to them and see if this manager has been bullying them. I bet he has. He will do it because he can, and hopes no-one will talk about it.

Go back to your boss and tell him you might consider £25k in order to avoid a very public court case.