COMPROMISE AGREEMENT - What should i ask for

Susie2255

I work for a law firm in London and am currently on maternity leave. Before i went on maternity leave i was subjected to some bullying and to cut a long story short I went from being a general secretary to being given a job within the firm as a float secretary (i.e. covering other secs when they are off sick etc.). As part of this float secretary job I was excluded from working for the people that bullied me which i was happy with. I am due to go back to work following my maternity leave in May and so went into work to have a meeting to discuss what i would be going back to and who i would be working for. My personnel manager told me that the only position they can offer me is the one i left i.e. the float secretarial position but that this would involve having to work for the people who bullied me. Other than that they had no other position for me. I said i wasnt prepared to work for the people that bullied me and so she said she would look into things and come back to me. She phoned me a week later and I have been offered a compromise agreement to leave the firm for a total sum of £8,400 which is two months pay (ex gratia payment), one month in lieu of notice and then holiday to be paid on top of this. Do you think this is a reasonable amount to accept given that i will be giving up by £33,600 a year job. I have been there for six years. Any advice would be brilliant and greatly appreciated. Thank you.

hcb42

if you dont feel you cam work there then it seems generous enough to me, you can always try and push your luck for another month.

Susie2255

I definitely dont feel like i cant work there and just feel that actually they are saying work for the bullies or leave and i think £8400 is a small amount compared to the £33000+ a year that i am giving up and i didnt know what is reasonable to ask for. Obviously i will be seeking professional legal advice but its just on my mind and i wanted to find out what other people thought.

Emmzi

ask if they are prepared to provide mediation if you return, and what the escalation process will be if you are bullied. show you mean business.

3 - 6 months for a secretarial position would be a reasonable range. More important is your agreed reference!

cazziebo

I've been out of this arena for a long time so not sure how things are working currently.

However, it's not just about leaving the salary. You're walking away from protected rights and you should be compensated for that. This is a compromise agreement, and both sides should be prepared to compromise.

You are giving up the job in a difficult employment market, the company are solving what could potentially be a difficult tribunal case (i.e. you take the job, claim harassment, raise grievance, constructive dismissal, tribunal = very costly for company, particularly nasty for a law firm). On the other hand, the company is making a job available, and they could just let you go on minimum contractual terms.

From what you've said, you're in a strong negotiating position. Hopefully someone will come along soon with some more constructive advice. (like Emmzi!)

Best of luck

ditzyat50

Susie2255 wrote: »

I said i wasnt prepared to work for the people that bullied me and so she said she would look into things and come back to me. She phoned me a week later and I have been offered a compromise agreement to leave the firm

They don't appreciate you and they don't deserve you. I admire the way you have handled the whole situation. And in answer to your post

Do you think this is a reasonable amount to accept given that i will be giving up by £33,600 a year job.

No it is not a reasonable amount. I am on your side. But get out while you can. They do not sound like they are worth a third of your life working for.

nightingalesgarden

I'm really sorry that you find yourself in this position - as ever returning from maternity leave is poorly thought out by employers.

On the terms of the deal - well, what else could you get? Two usual options for payout - redundancy and Employment tribunal pay-out. The third is mutual consent - which is what you have been offered.

ET - on the information that you have given not an easy route - could you prove constructive dismissal?

Redundancy - What deal would you be offered? better than what's been suggested?

pinkshoes

Personally I'd go back to work and stand up to the bullies. Is this not an option? In what way were you bullied?

I've been bullied in work before, and there's nothing quite like the satisfaction of standing up to them!

You don't HAVE to like your work colleagues. If you're their secretary, then either they treat you with respect, or you don't do anything they ask you!

We're always uber-nice to our secretary, as otherwise she won't do anything for us!

getmore4less

I would start asking about what protections they will put in place to stop any future bullying.

If you did return how likely would working for those that bullied be,, what has changed, who does the rota allocates work etc, that makes it no longer possible.

The implied threat that you will go back to work will most likely up the offer.

whats their normal redundancy package or payoff for the legal team people.

2-4 weeks pay per year would be the range I would aim for, with reference etc.


one thing to keep in the background if you have been there for 6 years then they have to pay 6 weeks notice so they are trying to diddle you allready offering 4weeks.

when was your start date you add 6 weeks to the date of termination to work out service for redundancy.

you accrued full holidays while on maternity?