how to negotiate a compromise agreement?

nublue

Mistral001 wrote: »

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.

Hi we looked at this but I work from home and the office is pretty far from me so this would not be possible unfortunately. Thanks though Mistral, that would have been a good idea!

nublue

MyMissC3 wrote: »

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!

Hi, yes that is my concern too. If I am going to be unable to work/earn in 6 months time, I may as well accept their offer if it is still available to me, and spend the time with less stress at home. It's just a shame that diagnosis is taking so long, because the flip side is that I could take the cash and then find out I am diagnosed and treated in 3 months (although I admit this seems less likely).

By the way I did mean Disability discrimination act althoguh I think it is called something else now, not a name for the disease, and unfortunately for me if it is what they think it is, then I am in it for the long haul.

Thanks for your honesty,

nublue

Thank you all for your replies, I am so grateful to you all for oyur honesty, and I think you have all brought me back to earth a bit. I think I had it all back to front - thinking that asking to go even though that is the best option for me, would be seen negatively by the employer. Having read all of your posts it's seems I have got it backwards and that they would be more negative about me dragging it out, while not being able to achieve all that they want. I feel so much more confident now approaching this with them tomorrow, and will let you all know how it goes.

Savvy_Sue

Googlewhacker wrote: »

when you go for a compromise agreement, if they accept make sure that you have a reference agreed as part of it (one that you agree on as wel)

Good point.

nublue wrote: »

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!

You may find that you have some legal cover with your house insurance, or if you're in a union you could obviously ask them.

tizerbelle wrote: »

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.

Note that at least in SOME forms of compromise agreement (not sure if it's all), the employer has to pay reasonable costs involved in you consulting your solicitor, otherwise the agreement can't be binding. The point is that there has to be 'proof' that you were properly and independently advised as to your rights etc. It's possible that they can specify which solicitor you see, but if they do it must be a different solicitor to any they are using (so it's all kept separate with no conflict of interest).

Uncertain

Savvy_Sue wrote: »

Note that at least in SOME forms of compromise agreement (not sure if it's all), the employer has to pay reasonable costs involved in you consulting your solicitor, otherwise the agreement can't be binding.

No - popular myth!

You are muddling two things together here.

For a compromise agreement to be valid and binding on the employee s/he must receive independent advice either from a solicitor (most common) or a specially trained union representative. Either must have insurance in place to protect the employee from the consequences of bad advice. A certificate must be issued to confirm that this has happened.

Although it is customary, there is no hard and fast legal requirement for the employer to pay for this.

In most cases one of the terms of the agreement sets out a maximum amount the employer will pay for or towards the advice. Normally this is just enough for the solicitor to do the bare minimum to comply with the legal requirements. Understandably, firms are not normally keen on paying for a solicitor to argue against them and get the employee a better deal!

KiKi

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.

The only meeting - formal or informal - at which you are entitled to any representation is a disciplinary or grievance hearing/meeting. (Your company might allow it any meeting, but it is not a legal entitlement.)

This was neither, so the OP was not legally entitled to representation.

KiKi

nublue

Hi all,

Just an update and seeking a little extra advice. I did as I said I would and called my boss and asked outright, but she obviously couldn't answer immediately. She put it forward to the director, but then they both went on annual leave. My boss returned to work today, and I met with her, she brought up about this "option" and said that it would a possibility and it would be 6 months but wouldn't go further into detail (like whether notice periods and other contractual benefits would be included).

She then said if I would like to ask more about this, then I would be required to ask for it in writing. I asked why, and she said because they wanted it to be sure it came from me not the company. She also added it was because the company would have to do a lot of background work to analyse how to arrange the payment and they wouldn't want to do this if I didn't want to take it.

Could somebody shed any light as to why they may be saying this, and whether there is anything I need to be aware of or include in my written communication with them?

Thanks

Mistral001

nublue wrote: »

Hi all,

I asked why, and she said because they wanted it to be sure it came from me not the company.
Thanks

I am not sure what is meant by the "company". Is this an insurance company or do you have a company? Are the referring to their company and they are going to pass on what you write to a third party?

nublue

Hi Mistral, sorry if I wasn't clear, they meant the company as in themselves the employer. In other words she was saying (I think) that my employer wishes it to be clear that I have requested this (although I am actually only taking up a verbal suggestion they made several months ago in May).

I am not sure if they are planning to show it to someone. My take was maybe they are thinking that them having made the offer to me in the first place could be construed in some way as "trying to get rid of me" and that they are subsequently trying to ensure they have evidence that I asked them to re- offer it, so that they are covered should I try and claim later they were trying to push me out the door?

I am very aware that I am a bit naive in these matters, which is why I wanted to get the input from all on here - as I really don't want to misinterpret things.

Thanks

Mistral001

I see what you mean now. Perhaps you need to get some legal or other expert advice on this matter rather depending too much on this forum (no disrespect MSE and other posters) as it is an open forum and for posters to suggest actual content of your letter or email is a big responsibilty.

I was in your situation I think I would be very hesitant to commit to paper (or email) anything unless guided by expert advice.