Settlement / compromise agreements - would appreciate advice?

mountainbear

A simple question really - can an employee request a settlement agreement? All the posts and information that I can find suggests that is it just the employer that puts that offer on the table?

I feel frustrated by the actions of my employer (bullying, poor management and HR processes, and other specific actions towards me) that I no longer feel it is possible for me to work for my employer. I would prefer a quick resolution and do not wish to pursue an employment tribunal.

Any advice would be gratefully appreciated.

Undervalued

mountainbear wrote: »

A simple question really - can an employee request a settlement agreement? All the posts and information that I can find suggests that is it just the employer that puts that offer on the table?

I feel frustrated by the actions of my employer (bullying, poor management and HR processes, and other specific actions towards me) that I no longer feel it is possible for me to work for my employer. I would prefer a quick resolution and do not wish to pursue an employment tribunal.

Any advice would be gratefully appreciated.

Yes, you can certainly ask!

Basically, what you are saying is "it is quite clear you don't want me here, make it worth my while and I'll go quietly"!

Have you raised a formal grievance or, at the very least, have any real evidence to back up your complaints?

Generally any settlement / compromise agreement would be drafted by the employer's solicitor and it is normal (although not obligatory) for the employer to pay a few hundred pounds towards your legal costs. However, nothing stops you putting one on the table although this would be fairly uncommon!

Either way you have to be advised by a solicitor (or specially trained and certified union rep) who has to countersign the agreement for it to be valid.

mountainbear

Thanks for your reply.

I have indeed pursued the grievance route in the past - some parts upheld and other parts not.

But yes you are absolutely right that is really my intention - I love the job, but the environment is awful. Good advice, I will go ahead and find a solicitor.

Undervalued

OK, but before spending money try and put the employer's hat on and play their cards (to mix a metaphor)!

Are they likely to dismiss you? If not, then unless they take you up on your offer, your only option would be to resign and claim constructive dismissal. Less than 3% of such cases succeed and to have any chance you would have to have fully exhausted the firm's grievance procedure first.

To bring any sort of case would cost you c. £1200 in fees (which you almost certainly won't get back even if you win) plus, unless you DIY, significant legal fees. You MIGHT find a solicitor who would take this on a no win no fee basis but if so be VERY VERY careful to understand the small print. It is very easy to get into a situation where a small will will cost you significant money!

Keep in mind that most employment tribunal awards are FAR smaller than you may imagine. Yes, there is the odd headline grabbing award usually for serious cases of unlawful discrimination, but the AVERAGE is only around £6K.

If the employer settles they save most of their legal costs, significant time and can generally keep the matter confidential. You are in a better position than me to judge whether they would see that as important or if they are the type of employer who would rather stand their ground.

Note also that they don't have to engage with your solicitor. You have no legal right to have a solicitor present at any meetings, only a work colleague or union rep. That doesn't mean they will take that line, only that they might.

Presumably you are not in a union? Have you checked to see if your house insurance provides any legal cover / advice?

Takeaway_Addict

As undervalued states it really depends on a) how much they want to get rid of you and b) How much you want from them to what their answer will be.

Also, once you ask that hand is played and if they refuse they know that its highly likely you'll be gone in a few months anyway.

ohreally

Undervalued wrote: »

Less than 3% of such cases succeed

Can you link to supporting evidence?

terra_ferma

http://www.struckout.co.uk/et-statistics-2011-2012-and-the-shifting-balance-of-power-between-employers-and-workers/

not the latest but interesting