Compromise Agreement + Redundancy

Puddings

Looking for a little advice of some of you experts - any opinions gratefully received! Or a virtual slap and told to stop moaning!

In a nutshell - feeling really pushed out of job (can explain more if required) and making myself ill by being there so I was thinking about resigning.

HR have said that I can be made redundant (3 weeks statutory) but they also want me to sign a compromise agreement with a £1k sweetner. This all stems from the MD trying to get me into bed rather forcefully at a conference 6 months ago - which is when everything workwise started going down hill. I reported this at the time and there is a statement in my personnel file.

I did not expect this extra money so I'm looking at it as a bonus (I have a job to go to but its a 25-30% paycut to what I'm on now as its a new career for me)

Now people keep telling me £1k is not enough....? What's the norm for these things? At the end of the day its my word against his surely? Should I just be happy, look at it as a bonus and get on with my life and just know in my head that he's an idiot (his wife and son also work where I work!!)

Seeing solicitor on Friday as per norm in these situ's.

Thanks,

Puds x

hcb42

They can be very broad in range....depends how much you want to push it really and how well you think you can negotiate. I wont tell you how much I got in mine lol

You could try and see if they will pay all your legals, and up to (say) £1500....but of course we dont know how big a company they are or how much cash they have. So they could turn you down flat.

What about pay in lieu of notice?

Puddings

Big company!

They're paying a months notice which I don't have to work + 3 weeks redundancy money + £1k sweetner + £250 (max) for legals. I owe them 2.5 days holiday damn it which they'll minus.

Hmm its very difficult....

SarEl

Oh dear. OK - getting a "sweetener" for signing a compromise agreement isn't actually at all common, and that isn't what it is for. It's a payoff to keep your mouth shut and not take legal action. Is £1k enough? Well, that depends. (a) are you intending to take any legal action, and (b) can you take any legal action? The incident you describe took place six months ago, so even if you can prove it, then it is out of time to take action on that, and the employer knows it - so you would have to take action on more recent events (which you don't describe). My advice would be, if the answer to (a) is no, then take the money and move on. You were planning to resign anyway, and the angst of arguing over it (although you may want to chance your arm for a little more - but be careful they don't just forget the whole thing!) probably isn't worth the effort. They are paying your legal fees I trust?

hcb42

so if you are going to have equivalent of 7 weeks pay, plus a grand less the hols, if you were going to resign anyway, it's reasonable enough - especially if you have something lined up, assuming you are past the issue with the MD (Stupid MD btw, do they never learn!)

I would make sure reference is discussed too.

Puddings

Thanks SarEl - I was hoping you'd come along ;-)

Yes the answer to A is no and they are paying up to £250 for legals and I've checked that thats OK with a local solicitor.

I think I'll stick with what I originally thought then, get out of here, be happy with the extra dosh and move on to my exciting new career and strict MSE budgetting!!!

Thanks so much to you both for replying!

Puds x

Puddings

Yes glowing reference discussed!

Uncertain

Puddings wrote: »

Thanks SarEl - I was hoping you'd come along ;-)

Yes the answer to A is no and they are paying up to £250 for legals and I've checked that thats OK with a local solicitor.

I think I'll stick with what I originally thought then, get out of here, be happy with the extra dosh and move on to my exciting new career and strict MSE budgetting!!!

Thanks so much to you both for replying!

Puds x

£250 will only pay for the solicitor to do the minimum required by law for a CA - i.e. explain your rights to you. It certainly won't pay for the solicitor to argue on your behalf!

The agreement will almost certainly follow the standard form and there are any number of examples on the web. There will be a clause trying to "gag" you, with a watered down version saying that they will endeavour to ensure that nobody in the company speaks ill of you.

Do make sure that the exact wording of the agreed reference is written into the agreement, not just some vague assurance of a good reference. Also, make sure there is a paragraph saying that any verbal reference will also conform.

Presumably the MD doesn't have a high enough profile that you would get more selling your story to the News of the World? :rotfl:

jazzyman01

Essential to get an agreed reference as part of the compromise agreement. Usually added as an appendix. Also, you state that you have taken 2.5 days more than your entitlement for holiday. I would ask that that be waived so there is no repayment.

Puddings

KThanks Jazzy and Uncertain - will most certainly look at the parts about references and follow your advice. And yes the £250 is just to look at it and offer bear minimum of advice, solicitor advised as much.

Uncertain wrote: »

Presumably the MD doesn't have a high enough profile that you would get more selling your story to the News of the World? :rotfl:

No, unfortunately not a high enough profile, not any profile at all though he likes to think he does...

k3lvc

Puddings wrote: »

No, unfortunately not a high enough profile, not any profile at all though he likes to think he does -

Sorry, tongue in cheek or not that's a dangerous statement to be making when you've made some fairly serious accusations.