Been told to take a compensation package or go with nothing.

SarEl

In that case you may be best taking it. You will struggle to get a capability process to spin out until March when you acquire employment protection. It is possible that the depression may qualify as a disability, but probably marginal since it does not seem to hit all the triggers and depression doesn't automatically qualify. You are saying this is work related - and clearly that isn't going to change if you go back to work, and such a claim would be personal injury anyway, and very hard to win.

Acc72

otbcnmtd1 wrote: »

The offer is basically to go now with 3 months pay and no fuss and if I don't accept that they will basically give me a months money and tell me to go immediately.

The depression was caused by my senior manager

Hi OP,

You have not confirmed your notice period (if it is a month, then they are not "giving" you a months money - this is what you would be entitled to).

Also, you mention your manager - have you ever raised a grievance or put anyrthing in writing to your company ?

Assuming that you are on a months notice and have not previously raised any issues with your company, then you may be better off accepting the offer from the company, moving on and and starting the New Year positively.

Good luck.

spacey2012

Who told you life would be easy ?

CrazyRed

otbcnmtd1 wrote: »

Unfortunately since the end of October I have used up my sick pay entitlement. I will be on Sep as of the 21st.

The offer is basically to go now with 3 months pay and no fuss and if I don't accept that they will basically give me a months money and tell me to go immediately.

The depression was caused by my senior manager and the company believe it would be impossible for me to return to work, and they are not willing to take action against my manager.

I do not have anything in writing yet.

Rob

Having been in a very similar position, I'd advise you to get the offer in writing regarding the 3 month 'package', accept it in writing, then walk away and never look back.

Trying to fight this, and put in a grievance, will lead to 'closed ranks' around you and you'll still end up walking, and coming out with nothing - as I did.

Good luck.

otbcnmtd1

I have now involved my union who have advised I should take the 3 months. They are drawing up a compromise agreement with the company which will protect my references etc for the future.

They have also suggested that under the circumstances a personal injury claim would be possible retrospectively.

To be honest I am just glad to be out of it.

Rob

Uncertain

otbcnmtd1 wrote: »

I have now involved my union who have advised I should take the 3 months. They are drawing up a compromise agreement with the company which will protect my references etc for the future.

They have also suggested that under the circumstances a personal injury claim would be possible retrospectively.

To be honest I am just glad to be out of it.

Rob

Hopefully SarEl or LazyDaisy will see this and comment further.

As I'm sure you know the purpose of a compromise agreement is primarily to protect the firm against future claims. It should also provide you a guaranteed agreed reference and place an obligation on the firm to use reasonable efforts to stop anyone in the company speaking ill of you. It will almost certainly require you to do the same and keep the details confidential.

Normally it will also try to prevent personal injury claims unless it is an injury or illness you could not reasonably have known about when signing the agreement. To what extent such an exclusion is lawful is complex hence it would be interesting to have the lawyers' opinions.

If you have a serious possibility of making a personal injury claim then I would strongly suggest you get legal advice as soon as possible. This is separate from the advice you must have to make the compromise agreement binding. Normally the firm pay a sum of money towards this. However, this will be an absolute minimum and will not pay for the lawyer to argue your case. A specially trained union official can also sign off the CA but would not be qualified to offer you proper advice about any injury claim.

CKhalvashi

somethingcorporate wrote: »

Good luck.

It is a bit if perverse world where 3rd party can actually be more expensive that fully comp!

It's always been more expensive, especially in the case of newer vehicles etc.

CK

SarEl

I would preface this by saying that I do not do personal injury in employment - but I have a partner (as in legal partner, not the other kind!) who does. Have you a full and complete record of grievances against this person? Can your doctors attest to the fact that their conduct and their conduct alone has made you ill? Have you any record at all of previous mental illness (I know you have - it's just the form used)? I am guessing the anwers are no, no and yes? You seriously do not want to go here if they are - the stress of such a case over several years will make you into a basket case if you are perfectly sane when you start out.

Make sure the agreed reference is a great one - then draw a line under it and get better and get a new job.

LittleVoice

CKhalvashi wrote: »

It's always been more expensive, especially in the case of newer vehicles etc.

CK

Always? Though not now, I've certainly had 3rd Party Only as the cheapest option in the past for old cars which weren't worth much.

CKhalvashi

LittleVoice wrote: »

Always? Though not now, I've certainly had 3rd Party Only as the cheapest option in the past for old cars which weren't worth much.

I meant newer cars, and should have worded as such.

It worked out about £600 cheaper for the year to insure my car (3 months old luxury car) as fully comp, but I've just bought a 'P' reg Honda Civic for something, and it was half price to insure as third party.

CK