Compromise Agreements?

leona71

Hi
Hope someone can advise?
What is a realistic figure when calculating a compromised agreement. I have been what looks like Constructively dismissed and Discriminated.

For a whole year I have been slowly demoted and felt worthless in the job I have done for the past 10 years. A new Manager walked in Jan 2006 and I felt he thought I was just a part timer (working Mother)!

Anyway after being off work for 5 months they now say my job no longer exsists because i have turned down the new job (working on a reception desk doing accounts and answering calls!!). They want me to appoint a Solicitor which they will pay for, I have done this.

What should I get with regards to payment? A years salary? Doesn't seem much since i have been through the mill and back. Off work with Stress due to the Companies fault.

Can anyone advise?

Leona

dmg24

There are no hard and fast figures in this area, and all anybody can do is give personal experiences.

I was paid approx six months salary to leave a company, when I had only been there eight months. However, the figure was so high because this was a multinational company, and it was recognised that I had information that could cost them a great deal more.

Have the company admitted liability for your stress?

Is the new job on the same salary as your previous job?

There are so many variables that come into play in this situation, my advice would be to wait for their first offer, and let your solicitor negotiate upwards.

Best of luck x

leona71

Hi thanks for your reply

They have not admitted liability for my stress even though they have sent me several emails and letters wishing me to get better etc etc.

The new job is on the same salary.

They want to make me redundant but i would get the minimum. I work for a very large Facilities Management Company.

My Solicitor said he's going to test the waters first to see what they come up with. He says i have a case for constructive dismissal/sex discrimination so I suppose the next stage is an Industrial Tribunial which i don't think i'm mentally able to deal with right now!

RibenaBerry_2

Leona,

Your solicitor should really explain all of this to you. However, compensation for constructive dismissal and discrimination is broadly based on finanacial loss, not penalising the company. The Employment Tribunals (they're not called Industrial Tribunals any more, the terminology got updated) don't much care how bad something was (although, in discrimination, they do make injuries to feelings awards which can range between about £500 and £25,000, with most people at the bottom end of the scale). That means that, as well as discussing with your solicitor how strong your case is, you need to discuss with him how long you'll be out of work.

I have to say that, unfortunately, leaving aside the injury to feelings bit (which I have no way of commenting where you fall in the scale), a year really is at the top end. A lot of people end up settling for a lot, lot less than that. I don't mean to sound negative, but it's important to recognise at the outset that the Tribunals do not really care, when setting compensation, how bad a company was, just how much money you are going to lose as a result. Harsh, but it's the way the law works.

Take care. Make your solicitor explain all of this to you properly.

leona71

My Solicitor hasn't really said anything to me with regards to money and I wouldn't want to ask him at this early stage. He said he was going to test the waters first to see what they come up with. I think with the Company that i work for they just wouldn't want bad publicity and the last thing they'd want is for me to go to an Employment Tribunal.

The thing is it's not the money that i really care about, I really loved my job and miss all the people i worked with. It was like home from home if you know what i mean. Personally I would like my old job back but i know that is never going to happen!

Thanks for your reply.
Leona