how to negotiate a compromise agreement?

nublue

Googlewhacker wrote: »

It is worth getting the details and I can't see how they could use it against you. Obviously you have the option of carrying on working and IF you go of sick for a long period of time they could look at going down the capability route but this does take a long period of time and they could dismiss you with no payout if they can show that you are not likely to return any time soon.

On the flip side you could be fine long term and have left the job early and then struggle to find another job in the current climate.

Ideally it would be worth you getting professional advice because at the end of the day it is only views on this website.

Thank you, that does make a lot of sense. I will get professional advice I think as it is quite confusing! Perhaps I will do that before I speak to them, I was hoping not to have to go down that line, but I guess it may be worth the money in the end!

nublue

yvonne13 wrote: »

nublue,

I hope that everything gets resolved quickly for you.

Thanks yvonne

yvonne13_2

CFC,

I have never experienced anything like this and I never said anything about my opinion being a fact.

getmore4less

nublue wrote: »

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

Contractual/disability aside,

Not looking good,

Those are fairly serious backward steps.

From a company point of view these are not the sort of culture changes they probably want to be seeing to promote.


Ok they know they have to accomodate within the law but I guess they will be willing to let you go.

My guess is that the previous offer was 6 months pay as a full and final leave immediately.

erdd2

KiKi wrote: »

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

KiKi

I stated that being told the meeting is informal is irrelevant, as whether it was an informal or formal meeting, the OP was entitled to representation and same of his choosing AND time to prepare. That is, whatever type of meeting it was...he had entitlements.

tizerbelle

erdd2 wrote: »

I stated that being told the meeting is informal is irrelevant, as whether it was an informal or formal meeting, the OP was entitled to representation and same of his choosing AND time to prepare. That is, whatever type of meeting it was...he had entitlements.

Incorrect. Employees are only entitled to have a companion with them in a formal disciplinary or grievance meeting.

If companions are allowed in other meetings that is at the discretion of the employer, it is not an entitlement.

This meeting was neither a disciplinary nor a grievenance - it may have been a capability meeting (seeing as performance targets were set) however there is no entitlement to have a companion at these. If they were to instigate the disciplinary process as a result of failing to meet targets then yes, there would be an entitlement to a companion. This was not the case with the OP.

Taking notes of a meeting does not indicate that it is a "formal" meeting. It is simply a record of what was discussed. Nor despite what some think, even in a disciplinary meeting, you have no legal right to "agree" the meeting notes. You can have a copy but they are the employers notes and the employer does not have to get you to agree and sign them off (it may be considered best practice but it isn't a statutory requirement). If you want your "own" notes, you get your companion to take them.

OP, if you want to know whether the 6 month offer is still on the table - just ask your line manager/director. If they say yes, then you can ask what the terms of that offer are. If they aren't what you want, you say so and say what you are looking for. Once these basics have been agreed, the employer will get their solicitor involved to create a draft agreement which they will then send to your solicitor who will review it and go through it with you to ensure you are getting what you want and that the agreement is acceptable.

Mistral001

nublue wrote: »

Because of this, and the fact I require frequent rest breaks, means that the numbers of customers I see have been reduced.

This might be quite inportant to this company.

I sympathise with with you as working with customers seems to be very fulfilling to you in your job.

However, perhaps you could negotiate with the employer a back-office job. I know it is not what you want, but it could be a good compromise between what you want (staying on with few if any changes) and what the company wants.

MyMissC3

Hi,

I've read your post by accident, but my attention went to this specific post.

Be very very careful when somebody tells you may have DDA. DDA itself is a made-up desease and you will likely end up getting heavy drugs that will make you feel bad for likely the rest of your life.

I suggest you to seek more diagnosis from DIFFERENT doctors.

Remember a simple logical equation: if it's neurological it cannot be "cured" by psychiatric drugs as they only switch you off, nothing more.

It seems to me, just based on what you wrote, that you have major long term health issues.

From an employer point of view, there is not much to do: if you can't do your job properly or are going to become a burden, what should they do? And you really want to work in these conditions, being painful or unable to do your job?

I understand that in some case loosing your job is not the best situation but again it seems to me you have to take care of you properly and before anything else.

For the rest, I do agree with CFC, you should just and simply find out if the offer is still on the table and if yes I believe too it is a generous offer.

If you go further with this, your employer will likely start thinking you are trying to take advantage of the situation. I know you're not, but just try to see this from their point of view. If you go on like this for much longer, in my honest opinion you will end up with nothing.

Wish you all the best!

nublue wrote: »

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

Mistral001

MyMissC3 wrote: »

Hi,

Be very very careful when somebody tells you may have DDA. DDA itself is a made-up desease and you will likely end up getting heavy drugs that will make you feel bad for likely the rest of your life.

I think OP meant DDA to mean Disability Discrimination Act.

MyMissC3

Thank you for clarifying Mistral001!!!

But just in case...

Mistral001 wrote: »

I think OP meant DDA to mean Disability Discrimination Act.