BEING PAID OFF? can u help

emilie03

Looking for some assistance on my plight below,

Was attacked and assaulted at work by a off duty employee, this person was not suspended thou, i made a formal complaint and it would be dealt with, the following day the owner of the company approached me and said he was dealing with it and would issue a warning, even thou it had not formally been investigated, i then spoke to my line manager to say i was not happy, following e-mails to his boss and then to the chairman, i was approached the following day by the owner and pushed and told in no uncertain terms what he thought of me,, i had done nothing wrong.
even since then i have been bullied in a number of ways all of which hr are aware, this then lead to 2 weeks of work with stress, i tool legal advice and said i have strong terms for constructive dismissal when i returned foloowing a call when i was off i was invited to ameeting and told that my future at the company was uncertain?. again i had done nothing wrong, and my future would be sorted and resolved? and on a number of times, they had mentioned a payoff!
the next day i was called in to hr on a trival matter that was plucked from mid air panic by them, and told i was being suspeneded, of course total shock, then the finnance director called me into his office with the owner, and suddenly i was being offered some cash to leave or they would continue with my displinery suspension and more than likely issue me a warning(on no grounds i may add) and within that set targets that i must achieve i was also being asked to sign a agreement that i would take no further action and so on,? if i accepted the payoff
i have been in employment for just under 3 yrs
what shall i do its urgent?

thankyou

Emmzi

If they are using the words 'compromise agreement', I would suggest you ask if they will pay for legal advice for you to decide if you should sign it - usually a couple of hours worth. Then see a solicititor - you need someone who can go through the detail of your case with you.

Generally if they have decided it is time for you to go, the debate is over how much you get, not if you should take it - because why wopuld you want to stay somewhere you aren't wanted? BUT make sure you get a reasonable settlement.

emilie03

Thankyou, they did use the words of the agreement,
and a sum to be paid for a solicter fee to check the letter agreement.

how would this stand thou in claiming benefits in the meantime?

what amount in the agreement is accetble?



thanks

Emmzi

Your solicitor will guide you in the amount. Generally it goes on how long it would typically take someone in your line of work to get another position. Three months or so is common, as is six.

More important than the amount is typically to get an agreement on a good reference, and sometimes agree the content of that reference, so you can show it to future employers.

I'm not sure about benefits as I think *technically* if you sign you make yourself 'voluntarily' unemployed; but you should get enough to tide you over until you get another job.

Now call a solicitor and make an appointment!

Loop

Dont make any rash decisions, and Dont sign any agreement until you get to seek legal advice on it.

Seriously they sound VERY concerned you would have grounds to sue them or take them to tribunal, or they wouldn't ask you to take some money as a payoff.

I would suggest perhaps 6 months wages would be acceptable, certainly dont accept 4 weeks pay or anything that mediocre, Im sure for all the stree they have caused you you would get compensation of much more than this IMHO.

Anyway seek legal advice, the company will just have to wait till you have done that.

emilie03

Many Thanks to all those above

they first offered a poor 25 per cent of salary 2 months pay and then offered the 6 months, but were scare mongering me by saying to take as they will fight a tribunal etc or persue my suspension etc!!

do i need a specialist solictor?


many thanks again

Loop

An employemnt solicitor should be fine, lots of them around, try to get one where you get 1/2 hour consultation free or similar, as you may gain enough info on what your rights are without having to visit again.

If they have offered 6 months they must be VERY worried, that is quite a lot to offer straight up. I would persue them for 1 year perhaps, in the hope they will meet in the middle somewhere.

If you dont mind me asking how much your wage is? Just if you only earn £400 pm then thats doesnt work out that much for 6 months payoff really.

Hmm...good luck anyway

emilie03

been offered 11.5k 6 months salary, do i ask for more or leave that to the solictor, the only thing that worrys me is they said i was suspeneded on a stupid untrue matter and then suddenly im being offered an agreement that started at 25 per cent

Loop

Yes I agree that to offer £11,500 so easily in my view shows they know they are in the wrong and SHOULD have acted long ago on the issues of bullying and the abuse you have received...I would defo ask for more, they can only say no cant they, wither way it looks like you will need to look for another job.

Dont do anything till you see a solicitor, you can usually get appointments pretty sharpish too, just give a few a call and ask what fees they charge for an initial appointment regarding an employement issue, and are they able to offer a small amount of time FOC.

I know 2 in my area that do that (Wiltshire) and they were very useful.

emilie03

so so many thanks, im on holiday now on the day this happend from yesterday,
have an appointment with a solictor on monday, am awaiting to hear to collect the offical agreement from my employee.

Emmzi

Be aware that the tribunal would not seek to PUNISH your employer, only seek to put you in a situation as if it had not happened. Outcomes may be
- you are reinstated
- you get settlement to the amount of time it would take you to find a comparable job.

there's unusally nothing punitive for the company.

I would write a reference with what you would want said in it, and try and get that incorporated into the agreement; also it's common that neither side can say anything detrimental about the other once it's all in ink!

If you have company share scheme also ensure you get 'good leaver' status written in. (Means you can sell them without penalty)