Bullying and compromise agreement

Suzykd

Advice please.
I was off work for 12 weeks last year with stress, went back to work and was let down with return to work support and job training. I also had a new manager, who is basically a foul mouthed lout. I had occasion to raise a grievance against him a few weeks ago, and elected to go to mediation, which has failed. My employer has said they can't move me to another department, although I only asked for that on a temporary basis, I don'tknow if they would move me permanently.
I am currently signed off again with stress due to the way I was being treated, and started investigating compromise agreements on the 'net.
(I can't afford to just resign, due to the usual mortgages etc.,).
I was contacted by a solicitor who is working on a "no win, no fee" basis, and seems to be trying to bully me and my employers into a compromise agreement, although the grievance procedure has not yet been completed.
I have an email from my employer saying that they don't usually negotiate whilst a grievance process is going on, and would like to resolve matters internally if at all possible, but they might consider a reasonable propsal.
I took that to mean they don't really want to lose me, the solicitor is saying that it means they will agree to a compromise if I don't want too much money.
I'm worried I'll end up with no job, no money and no pension, unable to get another job, my employers will have to replace me, and the solicitor will win a nice fat fee.
He's banned me from having any contact with my employer, as it might prejudice my case (which is reasonable) and has asked for a copy of my sick note. It's the asking for the copy of the sick note that's ringing the alarm bells.

getmore4less

I think I agree with the company you need to go through the grievence process and try to resolve the issue.

The lawyer is going to make things worse forcing you down a route you probably don't want.

They can't ban you from working with your employer to resolve the situation and keep your job.

What agreement have you signed with the lawyer I would probably look at dumping them and trying to keep the job.

Any CA will not pay the mortgage for long.

VfM4meplse

OP, everything about your post screams out victim.

Stress? Your staying off work is esssentially due to a dislike of your work, your manager, and potential competency issues. It sounds like your employer has done everything they can, including entertaining the introduction of the solicitor who seems hell bent on antagonising the situation for their own gain.

In your position I would try to work constructively with your employer. Get skilled up for the role and learn to work with your manager. If he really were a foul-mouthed lout as you claim, your employer would have sufficient evidence to have disciplined him by now.

marybelle01

A solicitor cannot do anything without you having instructed him, so he is not trying to bully you into anything "after contacting you" - you have instructed him and he is acting on those instructions. And the solicitor can't ban you from talking to your employer. personally I think you have cooked your goose by involving a solicitor so early on. Instead of trying to work this out with your employers you have shown them that you want a payout and they will be now looking to pay you off probably for peanuts because having started down the road of legal action before the grievance has even been completed you have washed up any legal case you might have had. You are blaming everyone else, your employers and the solicitor, for decisions you have taken and now you are worrying about the consequences of those decisions when it is virtually too late to do anything about them. I agree with the others. Get rid of the solicitor and try to find a way of recovering your position with the employer before it is too late, if it isn't already too late.

Suzykd

Thanks to you all for your advice, it is a great help, and you are right, I do need to dump this guy, but let's have a few things straight here.
1. The solicitor contacted me after I made an enquiry to another company regarding my legal position, as I was being bullied etc.
2. I have not signed an agreement, they sent me the paperwork, but I didn't sign it. I did ask them about it, but they said don 't worry.
3. I cannot 'Gen myself up' on the job without the company's help, the work requires technical training which they are witholding
4. I do not dislike my job. I used to love working there, and couldn't envisage ever working anywhere else, then we got a new manager. My new manager is a bully, and I have been subjected to sexual harrasment amongst other things
4. I am not imcompetent. I have been in the company a long time, and have always been respected for my ability to get things done accurately and on time. A lot of people will be sorry to see me go, I just can't cope with this new manager, and the company are saying they can't move me.

McKneff

In what way is this person bullying you.

Could it just be a clash of personalities, it often is.

Did you or any of your colleagues apply for the managers job when it became vacant.

marybelle01

Whether you have signed the paperwork or not this solicitor is acting on your behalf and you are letting him. As far as your employer is concerned he is acting with your authority, and you are likely to be let go with peanuts because they are dealing with him under the clear impression that you are authorising him to arrange a pay off to leave your job. If your employers are saying that they are prepared to consdier a "reasonable proposal" they are already clearly at the stage where they will not be amongst those who will be sorry to see you go because that is exactly what they are negotiatimg with your representative. This is out of control and the person who has let it get out of control is you. You are not a hapless victim here. If this solicitor is not speaking on your behalf then you need to make that clear to him and to the employer.

Emmzi

"I have an email from my employer saying that they don't usually negotiate whilst a grievance process is going on, and would like to resolve matters internally if at all possible, but they might consider a reasonable propsal.
I took that to mean they don't really want to lose me, the solicitor is saying that it means they will agree to a compromise if I don't want too much money."

You're reading that wrong. It usually means you have become a PITA to manage and thy will be happy to get rid if it doesn't cost too much. They're phrasing it to set your expectations low on the money side. Otherwise they will manage you out over longer time period.

(HR person. Seen it all before.)

VfM4meplse

Emmzi wrote: »

Otherwise they will manage you out over longer time period.

An energy-sapping process and a waste of precious time in my bitter experience. People that don't want to work for a living should make way for people that do instead of complaining about their "rights".

SH is a serious charge but relatively straightforward to collate evidence on. Generally this behaviour extends to others so I ind it hrd to believe that no-one could corroborate this aspect of your grievance, and you opted for mediation.

Suzykd

Mcneff- yes, I applied for the job when it became vacant. (Surprise!)
The bullying is basically setting me up to fail by withholding information, sexual harrasment, his temper tantrums - yell first, check the facts later etc.,

Emmzi - thanks. In other words, if I go back I will get more of the same. That puts it in perspective for me. I'll stop worrying and see what Monday brings.

Suzykd

VfM4meplse - for your info, I have always worked for a living, and paid my way in this world. The reason I am so upset at the moment is that I don't want to be out of work.
There are no other instances of SH as I am the only woman in the department, although one of the secreataries has compalined recently.