Comprise agreement that didn't take into consideration my sickness

MoonDragon

Hi all,

In 2007, after a year of hard work but unfortunately accompanied by harassment, I have signed a compromise agreement but this contract didn't take into consideration a sickness i start having at that period (chronic severe headache). Until today I still have this illness and presently I cannot work due to this last.

At that time, I was under medical investigation by the company's doctor (and my own GP) who asked me to come back to see him in a month but I have been made redundant before next scheduled date of the medical assessment.

Since the compromise agreement had just offered 6 months salary (6 years later i still sick...) there is a way to reconsider this contract?

Thanks in advance for your help,

MoonDragon

zzzLazyDaisy

A compromise agreement cannot bar out a personal injury claim. So the CA would not stop you making a claim for any injury (physical or psychological) that you suffered as a result of the way you were treated. However, the limitation period for PI claims is normally three years, although there are exceptions to this rule. You should see a solicitor immediately if you wish to pursue this.

MoonDragon

zzzLazyDaisy wrote: »

A compromise agreement cannot bar out a personal injury claim. So the CA would not stop you making a claim for any injury (physical or psychological) that you suffered as a result of the way you were treated. However, the limitation period for PI claims is normally three years, although there are exceptions to this rule. You should see a solicitor immediately if you wish to pursue this.

I have just read again the compromise agreement.
It says this:
"Nothing in this clause shall operate to prevent any claim that you might have in respect of accrued pension rights or latent industrial or personal injury and you warrant that as at the date hereof that you are not aware of any latent industrial or personal injury nor of any circumstances that might give rise to such a claim".

Now the challenge is to find a good solicitor that accept Legal aid.

antrobus

MoonDragon wrote: »

...
It says this:
"Nothing in this clause shall operate to prevent any claim that you might have in respect of accrued pension rights or latent industrial or personal injury and you warrant that as at the date hereof that you are not aware of any latent industrial or personal injury nor of any circumstances that might give rise to such a claim".

....

Given that "at that time" you were "under medical investigation by the company's doctor" and your own GP, I'd have though the real challenge would be explaining how it was you were "not aware" of the potential PI claim. (This kind of clause is worded the way it is for a reason.)

And, of course, you are also now way past the three year deadline for PI claims, so you would asking a court to exercise its discretion to allow your claim to proceed. You would need to produce some very specific evidence to support that kind of claim.

(Not trying to knock you back, you understand. Just saying, don't get your hopes up.)

Uncertain

MoonDragon wrote: »

I have just read again the compromise agreement.
It says this:
"Nothing in this clause shall operate to prevent any claim that you might have in respect of accrued pension rights or latent industrial or personal injury and you warrant that as at the date hereof that you are not aware of any latent industrial or personal injury nor of any circumstances that might give rise to such a claim".

That is just a standard clause.

Personal injury and pension rights are just about the only two types of claim that cannot be excluded by a compromise agreement.

You seed to see a personal injury specialist ASAP.

ILW

Has a medical pro said what the cause of the headache is?
Seems unlikely it is work related after all this time, unless you worked with dangerous chemicals or similar.

MoonDragon

antrobus wrote: »

Given that "at that time" you were "under medical investigation by the company's doctor" and your own GP, I'd have though the real challenge would be explaining how it was you were "not aware" of the potential PI claim. (This kind of clause is worded the way it is for a reason.)

And, of course, you are also now way past the three year deadline for PI claims, so you would asking a court to exercise its discretion to allow your claim to proceed. You would need to produce some very specific evidence to support that kind of claim.

(Not trying to knock you back, you understand. Just saying, don't get your hopes up.)

Until last year any doctor knew what I had. During the first two years some doctors thought that was an eyesight illness (I had then make ortoptist session without success), other said that it could be depression, and a third said that may be neck/muscular problem that cause these severe headache. In 2011, I have i have made a last investigation since some GP were even thinking of brain tumour : I have made a Magnetic Resonance Imaging (MRI) in Paris and thankfully they concluded that was not a tumour. They then conclude that it is definitively a severe chronic headache but they were not able to provide any remedy. Back in London end of 2011 I tried to work despite of this severe headache which occurs on the daily basis but it too much painful.

Since a month, i have been given a sicknote by my GP and it is really last friday when I was filling a form for my ESA claim [a legal aid advisor was asking me details about when this illness happened (first sicknote due to this severe headache was given in 2007) and the circumstances in which it happened, etc...] that i realized that this illness (intense burning eyes, severe headache, back pains, joint pains) started while I was working for my previous employer.

MoonDragon

ILW wrote: »

Has a medical pro said what the cause of the headache is?
Seems unlikely it is work related after all this time, unless you worked with dangerous chemicals or similar.

This is the problem I have since 2007 : it is difficult to find a true chronic severe headache specialist.

Some GPs even told me that it is not recognized as an illness.

ILW

MoonDragon wrote: »

This is the problem I have since 2007 : it is difficult to find a true chronic severe headache specialist.

Some GPs even told me that it is not recognized as an illness.

What makes you think the "illness" is your employers fault?

MoonDragon

ILW wrote: »

What makes you think the "illness" is your employers fault?

In the post #1 I said:

MoonDragon wrote: »

In 2007, after a year of hard work but unfortunately accompanied by harassment, I have signed a compromise agreement but this contract didn't take into consideration a sickness i start having at that period (chronic severe headache). Until today I still have this illness and presently I cannot work due to this last.

and in post #7:

MoonDragon wrote: »

Since a month, i have been given a sicknote by my GP and it is really last friday when I was filling a form for my ESA claim [a legal aid advisor was asking me details about when this illness happened (first sicknote due to this severe headache was given in 2007) and the circumstances in which it happened, etc...] that i realized that this illness (intense burning eyes, severe headache, back pains, joint pains) started while I was working for my previous employer.

Ps : In 2007 I wrote a gievance letter regarding the harassment and that led me to the compromise agreement.

Sambucus_Nigra

We can see that - but what evidence have you got to say that your headache was CAUSED by the employer [not that it started at the same time]?