Resign or take a Settlement Agreement?

happyandcontented

As has been said legally you cannot sign a settlement agreement without it being checked over by an expert. This costs around £400 give or take and the firm usually pays for that. Ask around and find your own expert. Check any insurances you have, often there is a legal helpline that comes along with them, they can often be very useful.

Mersey_2

annandale wrote: »

Im not sure what you mean by case, but if its constructive dismissal a very tiny percentage of those cases actually win..

I wouldn't say, "a tiny %" - but it depends how you read the stats, ie only a small proportion of any ET claims ever reach final hearing, but that's because eg around 30% are settled via ACAS involvement, 30% are withdrawn and so on.


But around 20% continue to be successful at final hearing for breach of contract, owed wages and so on. But yes, of the pure sex discrimination cases only around 3% succeed at final hearing.


Here's some of the successful claims from victims of workplace bullying in various orgs in recent years:


http://bullyonline.org/old/action/caselaw.htm

annandale

I've been through the tribunal process

I also used bully online as a resource. Kept me sane during the worst times. My story is on that site.

Its harder to prove constructive dismissal than it is unfair dismissal.

If it was a toss up between a settlement agreement and trying to prove constructive dismissal I'd take the agreement every time.

Going to tribunal is also horribly stressful. Much more so than you might think if you've not been through it yourself

annandale

The man who ran bully online died some years ago so there won't be any cases after 2000 or so.

Mersey_2

Yes, I can understand that.


Yes, sadly it stopped being updated in 2006 (so I guess that was when he was no longer 'with us.') I had heard that a law student had resurrected it, but I don't have the link to hand to add, sorry.

Bleached1

I have just sent an email to my lawyer to ask them to ask for better terms on the Settlement Agreement before i even consider taking it.

getmore4less

I am a stock broker

Small world, networking is king/queen.

I suspect anything other than taking the settlement agreement is the wrong thing to do, even resigning which will be seen as weak.

Does anyone ever resign that does not have a job to go to?

Word will get out you are available as well as you looking

Use your network.

All the other firms will know what the culture in yours so if what you say is well known it will not come as a surprise you are available.

getmore4less

Ask around for an experienced lawyer, there will be those that have done this for your company before and know their limits.

This sector probably runs on settlement agreements you don't want employment law interfering with making money.

steampowered

It is conventional for an employer to pay for the legal advice necessary for a settlement agreement.

However, employers usually only pay for the bare minimum, which is a signature from the lawyer confirming that they have explained the effect of the settlement agreement to you.

The employer would not usually pay for your lawyer for general advice on your dismissal or negotiation of the terms of the settlement.

Bleached1

getmore4less wrote: »

Ask around for an experienced lawyer, there will be those that have done this for your company before and know their limits.

This sector probably runs on settlement agreements you don't want employment law interfering with making money.

many thanks for your replies. I found a lawyer who is not very good and didnt even suggest that I could resign, he said that I wouldnt be able to ask for more money as I was in a weak negotaition position. Firm have upped the offer and agreed to wipe away my FCA exam fees!