Resign or take a Settlement Agreement?

Bleached1

steampowered wrote: »

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.

thank you for clarifying this and it is true they have paid the bare minimum but I am a very resourceful person and have explored literally every scenario and met with the firm to discuss answer any questions about each scenario.

eamon

My tuppence worth. Take as much money as you can get. Book and go on holday I suggest some place warm, blue sky and yellow thing in the sky.

Bleached1

i wouldnt want to live in fear knowing that my next employer may find out and the safer option would be to not settle and resign as a normal employee would...

annandale

In fear of? People do get maltreated in the workplace. Your reference is the most important thing and if they are going to provide one as part of said agreement I don't see there being an issue.

People do get other work after settlement agreements, it's not going to be the end of your career. In the same way people get employment after tribunals.

I've had experience of both. It hasn't stopped me working.

annandale

Why have HR gone down this route rather than try and sort out your working conditions?

Bleached1

annandale wrote: »

In fear of? People do get maltreated in the workplace. Your reference is the most important thing and if they are going to provide one as part of said agreement I don't see there being an issue.

People do get other work after settlement agreements, it's not going to be the end of your career. In the same way people get employment after tribunals.

I've had experience of both. It hasn't stopped me working.

Thanks Anna. I will get a standard reference if i take the offer or if i resign. forgetting the money, if all else is equal would you sign or not sigh? everything is the same but you can have some papers saying you settled and the psycological cost is too great... what did they offer in your settlement agreement?

Bleached1

annandale wrote: »

Why have HR gone down this route rather than try and sort out your working conditions?

HR are useless, only there to explain process. Once they want you out, there is nothing you can do to change their mind...

annandale

They just offered me a sum of money which I was happy to accept. Not a great deal but enough. It's a fairly long story but the jist of it was that I was told I was being made redundant. They didn't go through any kind of selection process and there was someone else who started after me who was doing an almost identical job so I got advice from acas and when it was pointed out to them that their selection process wasn't fair they basically deskilled me, other stuff happened as well, not pleasant and I struggled on for a bit but my health was being affected so I went back to them and said that I'd take the redundancy. I don't even know what that would have been, just a weeks pay for every year of service I think, but the money wasn't important, I just wanted out. If I had resigned it could have affected a claim for benefits but this didn't.

They said they couldn't do that as a period of time had passed but they could offer me a compromise agreement.

I accepted. I didn't negotiate a reference as I didn't want one from them. But it didn't stop me working elsewhere.

You think it will and it's a natural fear, completely understand that. But lots of people go through crap in the workplace and it's not always of their own making.

I hope things work out OK for you.

buyaodanxin

Come 1st April its a new tax year, new P45 etc...

If you say you dont have P45/60 it isnt a problem - you just pay emergency tax for a few months...

So take as much as you can get - it will drop from the record very quickly...

getmore4less

Bleached1 wrote: »

i wouldnt want to live in fear knowing that my next employer may find out and the safer option would be to not settle and resign as a normal employee would...

Is this your first job?

I was under the impression this was normal for the sector(from IT people that work in the banks) if your face don't fit settlement and off you go.