how to negotiate a compromise agreement?

yvonne13_2

Can I just ask how long have you worked for the company? Also how many occasions were you off on the sick? Last question did they mean 6 months off on full pay then return to work?

I still stand by what I said by the way.

erdd2

nublue wrote: »

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.

Terms do need to be agreed first and this can be achieved without a solicitor albeit many will argue not possible depending upon their experiences and capabilities. The formalising of an agreement can be achieved without a solicitor, but there is not a solicitor that will tell you that!

KiKi

erdd2 wrote: »

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.

Why? You are entitled to representation at a formal disciplinary hearing, and it doesn't sound like this was one.

KiKi

nublue

To clarify:
1. I do not have a diagnosis for the symptoms which have caused me difficulty this year. It is highly suspected that I have a neurological long term condition which would be covered as dda, I am awaiting an appointment at a national specialist centre. I do have a diagnosis os psoriatic arthritis which I have had for several years. There is a suspicion that the diagnosis is now not correct and may be linked to the current symptoms.

2. The offer was made as part of a range of options a few months ago. At that point it looked like a diagnosis was being made and I was even being treated for what they thought it was. I felt that the offer was premature and poorly timed under the circumstances.

Now it does feel more appropriate to accept the idea of parting company in a mutually beneficial way as I can see this may end up being longer term than I thought when they first offered it.

I didn't give every detail as it is a long and complicated story, I did state in my original post that I was trying to give an overview not a blow by blow account.

At the end if the day I Am still capable of doing the job to an acceptable level,

I really was just hoping for some advice on how to approach it but seem to have caused a lot of indignation amongst you all with respect to my situation

nublue

yvonne13 wrote: »

Can I just ask how long have you worked for the company? Also how many occasions were you off on the sick? Last question did they mean 6 months off on full pay then return to work?

I still stand by what I said by the way.

Hi Yvonne

I have worked for them for about 6 years and have never had any problems at all like disciplinaries. I did feel like the meeting was made to make me feel intimidated - and guess what it worked! Also - no they said it would 6 months pay and then I would not return to my job, so a payoff. I don't know whether it would be 6 months full pay or it would include my notice - not sure.

Thanks

nublue

SarEl wrote: »

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?

I am not on sick leave. The period in which I was very unwell was in January and apart from the odd sick day since then I have been working and achieving as well as other members of the team. I am not trying to be difficult but find out how best to discuss this previously made offer - not try and xreate some kind of new one. I did not mention it in my first post as I was trying to keep it short and it didn't seem relevant as I was asking about how to approach things not whether the forum felt I am entitled to it.

CFC

Nublue, the offer of 6 months pay to leave is extremely generous. If you want to find out if it is still on offer, just ask your line manager to find out whether that option is still open - tell them at the time you were upset and not totally objective, so you felt offended - but now you are not feeling offended about it and would like to know if it is still available. You don't have any rights in the situation as I am sure you are aware. The fact that it was offered at one time does not necessarily mean it will be available now.

You have asked to include all your work related duties in contracted hours. Did the company agree - many sales jobs do not include travelling time?

The fact that you felt intimidated at the meeting is irrelevant. The company have the right, indeed the duty, to ensure that they know everything about your condition that you can tell them, especially if it is disability related, to ensure that they can offer you the right support as well as ensure that performance management can be carried out successfully if necessary. If you are meeting the minimum performance standards agreed then I don't see waht the issue is. If you are not then that is another matter.

As to yvonne and erdd2, I simply do not know why people who don't have any actual knowledge but just their own experience from their own workplace post their opinion as 'facts'.

yvonne13_2

nublue,

I hope that everything gets resolved quickly for you.

nublue

Googlewhacker wrote: »

just ask them if the offer is still on the table. If they say no then carry on as normal, if they say yes then say you would like to accept this

Thanks, googlewhacker, the problem I have is that they never went into the details as I dismissed it out of hand, so I have no idea what the details are. Before anybody jumps down my throat again, not because I don't think 6 months pay is a good offer, but for instance I thought it meant as a lump sum, but it may have meant including my notice period, or whatever.

My biggest question is that if when I find out what the details are, I feel I would be better off working through it in the hope a cure is forthcoming, could it be used against me in some way?

Thanks

nublue

CFC wrote: »

Nublue, the offer of 6 months pay to leave is extremely generous. If you want to find out if it is still on offer, just ask your line manager to find out whether that option is still open ow.

You have asked to include all your work related duties in contracted hours. Did the company agree - many sales jobs do not include travelling time?

If you are meeting the minimum performance standards agreed then I don't see waht the issue is. If you are not then that is another matter.

Thanks CFC, I will phone and ask on Monday. I thought for some reason it would be more difficult than that.

The work duties I was referring to were actually admin related ones. The company culture is that customer facing parts of the job are all that counts in work time, but of course there are lots of admin tasks that need to be performed. I asked if I could be allowed to include time for admin tasks in my day rather than spending time late into the evening to complete it.

Because of this, and the fact I require frequent rest breaks, means that the numbers of customers I see have been reduced. However mainly because I am good at my job, this has not been reflected in my results which are not stellar but on target and not the lowest.

Thanks again