how to negotiate a compromise agreement?

nublue

Hi,

Will try to encapsulate a long story. I have been ill since October time last year, and have not yet been diagnosed. The problem I have had affetcs my muscles and vision, and has limited my ability to do my job to full capacity. I have had a total of about 8 weeks sick, some at the end of last year, 4 of them have been at the beginning of this year, then the odd day.

Although I have done my best to keep up with work at times it has been hard, and although my output is still ok (I am in sales) my input level is down.

My employer offered me 6 months pay to get better (and leave) as I had no sick pay left, but I refused. This offer was never offered in detail or formally but as a range of ways to help the situation. This was in May. Time has moved on and I feel like things are getting more formal. It was requested I do my hours over more days but I argued it would cause an increase in driving proportionally, and also stop me recuperating on my days off. I feel like they are focussing and pestering me unnecessarily under the guise of helping me cope.

This week I have had a meeting with my manager and director and we agreed minimum performance requirements - that I felt I had to agree. I found out about the meeting the day before, and was told it was informal. When I arrived at the meeting (which was in the public area of a hotel as I am not office based), I was grilled by the director and all the while my manager did not interact just took notes, which she has used to send an email account of the main points of the meeting. I was asked all sorts of questions, even asked to speculate on what the condition might be, and possible treatments - even the side effects of these, so am feeling quite distressed and pushed around at the moment. A review date has been set for October after my next specialist appointment.

I feel like I don't want to go on with this any more. I am finding the whole experience stressful., and would like to open negotiations with them to settle for a mutually agreeable amount.

I don't know the best way to do this, and what to ask for etc. etc. to ensure the best for me. I don't want to be greedy but these are hard times and I want to be sure I am OK. Also I am afraid that if I broach the subject they will think "great she wants to go, lets just keep pushing her and she'll break".

Any help would be very much appreciated,

Thanks

yvonne13_2

They should have given you more notice than just one day and even though they said it was an informal chat you should have taken a neutral person with you as a witness. They should give you a copy of the notes that was taken read them and make any amendments if need be. Go to CAB and seek advise if you are not in the union.

SarEl

yvonne13 wrote: »

They should have given you more notice than just one day and even though they said it was an informal chat you should have taken a neutral person with you as a witness. They should give you a copy of the notes that was taken read them and make any amendments if need be. Go to CAB and seek advise if you are not in the union.

Sorry - rubbish.

You had no right to be accomoanied by a work colleague or union rep.Thee bottom line is that you are either fit for work and return to work - or you are not and the employer may start capability preiceedings against you because you are not fit for work. The bottom line is that you are entitled to very little - why do you think the employer should pay you off?

yvonne13_2

Crumbs, perhaps different employers have different way's of handling things. Where I currently work the boss always ask if you would like to bring a neutral person in the room if they call you in for a private chat.

nublue

Yvonne - that's a good idea I should perhaps seek advice thanks.

SarEl: thank you for participating in my thread, and your information on my rights regarding the meeting. I am surprised you say I have very few rights, could you explain further as to why you think this? I don't expect to be paid off as you say, but the fact is that I have already been offered something to go, and excuse me for being cynical but I would suggest that it was not a selfless offer on the part of the company. I Think they would have trouble proving a capability case as I have not had any prolonged time off since the beginjing kf the year. My sales performance is not the worst in the company and in fact not lower than usual. they don't like that I have asked to include all of my work duties within contracted hours and have also commented to me "yes you are doing well but imagine how well it would be if you weren't unwell. I also think I may be classed as disabled as I have a diagnosis of psoriatic arthitis, for which I have had to come off Mede because of the other symptoms. I have simply asked for any advice on how best to approach this to ensure I am protected.

Thanks

Mistral001

The meeting where notes were taken, is no different from any other meeting or conversation you might have had with your employer in the past. It is possibly just them trying to pretend to be all formal and legal, but more likely from what you have told us it is an attempt to turn what was a very informal relationship into a more formal one. The offer of 6 months paid leave is generous and thus they must think of you as more than just any employee.

There can be a compromise, but perhaps you need to let things cool off for a while instead of trying precipitate things yourself and go "all legal" with them.

ohreally

Do you realise advice on a proposed compromise agreement should be done in consultation with a solicitor, one who is independent from the employer - it will become formal by this point.

SarEl

nublue wrote: »

Yvonne - that's a good idea I should perhaps seek advice thanks.

SarEl: thank you for participating in my thread, and your information on my rights regarding the meeting. I am surprised you say I have very few rights, could you explain further as to why you think this? I don't expect to be paid off as you say, but the fact is that I have already been offered something to go, and excuse me for being cynical but I would suggest that it was not a selfless offer on the part of the company. I Think they would have trouble proving a capability case as I have not had any prolonged time off since the beginjing kf the year. My sales performance is not the worst in the company and in fact not lower than usual. they don't like that I have asked to include all of my work duties within contracted hours and have also commented to me "yes you are doing well but imagine how well it would be if you weren't unwell. I also think I may be classed as disabled as I have a diagnosis of psoriatic arthitis, for which I have had to come off Mede because of the other symptoms. I have simply asked for any advice on how best to approach this to ensure I am protected.

Thanks

You are off sick and you have had 8 + weeks off sick, which is a lot of sick leave. You may or may not be disabled - whih you did not mention in yiour first post an entire 12 hours ago when you said you had no diagnosis. I can't think of many employers who wouldn' think that more tha 8 weeks sick leave since October isn't a lot. They actually, in the circumstances you have described made you a very reasonable offer - six months pay. Since you have rejected a very good offer - what advice is it you would prefer?

Deep_In_Debt

yvonne13 wrote: »

Crumbs, perhaps different employers have different way's of handling things. Where I currently work the boss always ask if you would like to bring a neutral person in the room if they call you in for a private chat.

Same with my employer.

nublue

Thank you all for your comments and advice.

Mistral: thank you and I should highlight that I don't want to get legal with them, I just want to open the channels of communication re this offer again. I was quite upset abd offended when they first offered it and said as much so I suspect they have laid offtalking about it since. I have rethought my position on this and just want to find out if the offer is still on the table and exactly what they are offering, but don't want to get it all wrong and somehow ending up with nothing!

Ohreally: yes I do understand that a formal agreement has to be processed through a solicitor, but it was my understanding that it was usual to agree terms first.
Thanks

erdd2

Being told the meeting is informal is irrelevant, you are permitted to have someone with you at such a meeting and time to arrange this. You also have the right to choose who accompanies you. I had a canadian firm back down and pay compensation when I pursued them (here in UK as this is where the "meeting occurred) as they "hauled" me into a meeting, without sufficient notice and elected a representative for me, a person I had never met before and who was also another employee.

It appears your employer is exploiting your vulnerability....seek time to prepare, a reasonable request given your circumstances.