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Nice People Thread No. 14, all Nice and Proper

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  • hjd
    hjd Posts: 1,221 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    My pear trees are desperate to burst into blossom.
    Our pear tree is an absolute mass of blossom now.
  • lemonjelly
    lemonjelly Posts: 8,014 Forumite
    1,000 Posts Combo Breaker Mortgage-free Glee!
    Question. If you'd had a boss like sadistic boss how much would you price your silence on your relationship with him for?

    Spirit & silvercar have given great answers. FIR should definitely obtain independent legal advice. The employer should fund this too.

    I may not be as aware as others of the full details, however I have a CA from a previous employer. I wasn't employed for too long, but went through an experience that changed a lot about who I am as a person. For 13 months, work was the worst experience ever, & I was there 5 days a week. The impact on me was huge - lost weight, stress, and physically impacted on me to the extent that the closer to work I got, the more nauseous I felt.

    There is actually a formula to calculate the requisite compensation. It's the same formula used by Employment Tribunals to calculate an award for unfair dismissal. It will depend on the employees age, length of service, salary & what the tribunal would have found the employer to have done unlawfully.

    I got over 4 months salary. I was just shy of getting five figures. Their initial offer was 2 weeks salary.

    To be honest, the relief when it was over was worth more. That said, it appears these scenarios are different.
    It's getting harder & harder to keep the government in the manner to which they have become accustomed.
  • lostinrates
    lostinrates Posts: 55,283 Forumite
    I've been Money Tipped!
    Lemonjelly, huge hugs. Thanks.

    No one is really aware of the situation, so you are not more out of the loop than you think you are, don't worry.

    Thinking aloud really. :). Its not my decision to make either. :)
  • lemonjelly
    lemonjelly Posts: 8,014 Forumite
    1,000 Posts Combo Breaker Mortgage-free Glee!
    No worries LIR.
    Happy to go into further detail via pm, or better still email if you still have my address if you need further information?
    It's getting harder & harder to keep the government in the manner to which they have become accustomed.
  • HAMISH_MCTAVISH
    HAMISH_MCTAVISH Posts: 28,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 April 2015 at 8:02PM
    Mrs McT once accepted a CA after dealing with an exceptionally 'difficult' boss for a year.

    Structured as a voluntary redundancy, confidentiality clause and limited no-compete and no-recruiting staff clauses, 12 months salary, 6 months benefits, 3 months company car use. She negotiated it, independent solicitors sourced by us but paid for by employer to review the paperwork. Company capped the legal fees at 2K, which was adequate for a simple CA review. They also offered an outplacement service but we declined, no need, and they're usually more hassle than they're worth.

    We insisted that accurate written references from both HR and the line manager, detailing the length of service, scope of work, financial responsibilities and exceptional performance/results, etc, were included as part of the package. To be fair to them, they didn't argue the point at all, and the references were positively glowing.

    It's an important principle though, no point in accepting VR to get sabotaged through subsequent references or lack thereof...
    “The great enemy of the truth is very often not the lie – deliberate, contrived, and dishonest – but the myth, persistent, persuasive, and unrealistic.

    Belief in myths allows the comfort of opinion without the discomfort of thought.”

    -- President John F. Kennedy”
  • lemonjelly
    lemonjelly Posts: 8,014 Forumite
    1,000 Posts Combo Breaker Mortgage-free Glee!
    I wrote my own reference!
    It's getting harder & harder to keep the government in the manner to which they have become accustomed.
  • lostinrates
    lostinrates Posts: 55,283 Forumite
    I've been Money Tipped!
    Great points hamish, all considered and covered. Thank you for reiterating their importance, :)
  • LydiaJ
    LydiaJ Posts: 8,083 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    edited 13 April 2015 at 8:10PM
    silvercar wrote: »
    I would only accept entering such a discussion if it was going to be paid out officially and above board using phrases like "compromise agreement", "voluntary redundancy" etc and i would want someone other than sadistic boss to be aware of it and ideally conduct the negotiations.

    You are basing the amount on loss of earnings primarily, bad treatment etc secondary.

    If fir is not going to be working to take time out to recover for bad treatment then you are calculating that length of time on full salary plus . If he is taking a lower paid job and/or less hours then you multiply up that for a few years before he could reasonably expect to get back where he would be if he hadn't been subjected to the situation.

    If you start the negotiations, double what you think is reasonable. If they make an initial offer they must be seriously worried, your response is to laugh and ask them to think again.

    Oh, OK, that's different. I read the original question as being about an offer from SB personally, to hush up how he behaved, primarily from the firm with whom he might otherwise get into trouble. That's why my initial response asked who would be paying it and with what resources. If you'd said it would be officially paid by the firm, I would never have described it as blackmail. Sorry.

    The only experience I have that's remotely relevant is negotiating compensation for LNE's death etc. Based on that experience, I strongly advocate going with what others are saying about getting somebody who does these things a lot to negotiate on your behalf. There are people who know how to translate what fir has been through into an amount of money. He shouldn't have to do that himself unless he's seen plenty of these things before. I wouldn't have had the first idea how to translate LNE's death into an amount of money, but my amazing barrister knew all about it and did a great job for me. :)
    Do you know anyone who's bereaved? Point them to https://www.AtaLoss.org which does for bereavement support what MSE does for financial services, providing links to support organisations relevant to the circumstances of the loss & the local area. (Link permitted by forum team)
    Tyre performance in the wet deteriorates rapidly below about 3mm tread - change yours when they get dangerous, not just when they are nearly illegal (1.6mm).
    Oh, and wear your seatbelt. My kids are only alive because they were wearing theirs when somebody else was driving in wet weather with worn tyres.
    :)
  • HAMISH_MCTAVISH
    HAMISH_MCTAVISH Posts: 28,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    lemonjelly wrote: »
    I wrote my own reference!

    LOL, I've done that before, but only because the boss was too lazy!

    I feel left out, almost everyone I know has had a juicy VR or CA package at some point, and I can't seem to get one....

    The best I've been able to manage is a single poxy 3 months gardening leave after handing in notice at the last employer, as they didn't want me to have current financial data when I moved.

    Clearly I'm either too nice or work too hard. :o
    “The great enemy of the truth is very often not the lie – deliberate, contrived, and dishonest – but the myth, persistent, persuasive, and unrealistic.

    Belief in myths allows the comfort of opinion without the discomfort of thought.”

    -- President John F. Kennedy”
  • LydiaJ
    LydiaJ Posts: 8,083 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    LOL, I've done that before, but only because the boss was too lazy!

    I feel left out, almost everyone I know has had a juicy VR or CA package at some point, and I can't seem to get one....

    The best I've been able to manage is a single poxy 3 months gardening leave after handing in notice at the last employer, as they didn't want me to have current financial data when I moved.

    Clearly I'm either too nice or work too hard. :o

    I've never had such a thing. Or gardening leave either. The best I've had was maternity pay for a maternity leave that began the day after my contract finished anyway. But that's a statutory entitlement given that I was working for that school on the "qualifying date" in my pregnancy.
    Do you know anyone who's bereaved? Point them to https://www.AtaLoss.org which does for bereavement support what MSE does for financial services, providing links to support organisations relevant to the circumstances of the loss & the local area. (Link permitted by forum team)
    Tyre performance in the wet deteriorates rapidly below about 3mm tread - change yours when they get dangerous, not just when they are nearly illegal (1.6mm).
    Oh, and wear your seatbelt. My kids are only alive because they were wearing theirs when somebody else was driving in wet weather with worn tyres.
    :)
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