BEING PAID OFF? can u help

jobbingmusician

OK, so here's some very basic information. I know that suffering a compromise agreement is a very stressful time, but if they are offering you 6 months' salary you should be able to get another job well inside that time, so you should come out of it financially well ahead even if you can't claim benefits to cover the period whilst you are looking for work. Look here for more details of a compromise agreement.

Now here's a checklist of matters to raise with your employer.

- will they make the payment tax free (makes a big difference )

- what reference will they give

- will they say your post was redundant (if they will, this will help you claim benefits later should you need to - although your payoff lump sum will be taken into account.)

- in my view, (and from the way you have described it!) your employers are behaving a bit strangely in threatening to discipline you, but not saying what for! However, I stress that I am not legally qualified. Ask you solicitor what his/her view on this is - it really does seem weird that you are being asked to choose a payment or a disciplinary, without being clear on what the disciplinary is for.

- what payment are they thinking of giving for accrued holiday (which should be paid as well as the lump sum, on a good day )

- will they destroy all records of your leave due to stress, or agree not to refer to these in any reference, since they caused the stress.#

That's all I can think of atm. Good luck with this, and let us know how you get on!

emilie03

Have recieved copy of agreement, stresses tax free payment, outstanding holiday will be paid, and a factual reference supplied...employment was ceased in writing " as by mutual agreement". the options given accept or continue employment with a warning for this stupid disciplinary matter that has no grounds and is a scare monger, i was told by my ex line manager today that it was a witch hunt to get me out!?

will i be able to claom benefits etc?

thanks

halloweenqueen_2

If you get 6 months salary will you need to claim benefits? Hopefully you will be back in work before all the salary is used? Good luck - hope it goes well for you.

emilie03

i was unsure if i am still entitled to claim anything etc, do i have to declare all,etc

emilie03

many thanks for all the assistance, am i thou entitled to request all details that are held on my personnel file, ie- copy of my cv etc under data protection act

MJMum

If they are offering 6 months money and a good reference, then I would say "where do I sign?". Tribunals are long, stressful processes and the chances of getting and holding down a new job while it's going on are low as you need time off to consult with your union\solicitor and go to meetings with the other side, etc. Save yourself the stress, take the money, have a break then get a better job where they will aprreciate you and you don't have to see the person who assaulted you. No point cutting off your nose and all that. You may think that this is injust, but console yourself with the thought that the person involved will probably quietly be pushed out in the near future too.

lesandflynny

Benefits

as a singal person you are only allowed to have up to 8k in savings or 16k as a couple.

If you use your pay off to pay some rent up front and credit cards off etc and make sure you are left with less than 8k then you are entitled to apply for benefits.

However, the wording of the agreement is important. If it was a "mutual departure" then you will be seen as making yourself voluntarilly unemployed and there is a waiting period before you are eligable for benefits.

You say you have been off with stress. If you are still stressed and can ask your Dr to sign you off further with this and then ask your employer to change the wording to "because of poor health" for example, then you should qualify for some benefit immediately. Be warned though, it is not good!

I do not know the full detail and I am not trained so you need to speak to a solicitor who knows employment and benefit law.

You could also post a question on benefit section too to work out what you might be eligible for.

Good luck

hjb123

lesandflynny wrote:

Benefits

as a singal person you are only allowed to have up to 8k in savings or 16k as a couple.

If you use your pay off to pay some rent up front and credit cards off etc and make sure you are left with less than 8k then you are entitled to apply for benefits.

Good luck

But surely that would be seen as deprivation of capital? They would want to know where the money had gone to in such a short period of time.

firesidemaid

again, am no expert. but, if the money have been given in lieu of loss of earnings eg. for 6 months you would not be able to claim benefits for 6 months.

but, if you get another job sooner you will have a bit of savings.

i hope all goes well.

real1314

hmmm, the £8k / £16k thing is deffo wrong.

You'd prob be looking at JSA(c) assuming you've got 3 yrs-ish of work behind you, so means test rules don't apply in the 1st 6 mnths, but "leaving voluntarily" rules do. Your solicitor might be able to help on this bit, but then again 6 mnths wages may be seen as pay-in-lieu for the first 6 months. All depends how the agreement is worded.