Negotiation for settlement to leave

LinLui

Not sure,I’ve had three years of this and also missed out on a promotion - most experienced and qualified (which was a requirement for the job) and it went to someone with a lot less services and unqualified because management didn’t want any problems. 

Do you know that the median award for tribunals is less than £8k? And (in legal terms) you did not miss out on promotion - you didn't get a promotion which wasn't yours to have. I do realise that this is hard to grasp when you are stuck in the middle of it, but you have to wipe emotion out of the equation. 

And with the best will in the world "It’s hard to get a job in my grade and salary so I can’t just walk out of one job and into another due to financial commitments." is something that a lawyer will make mincemeat out of you with. If you don't "just leave" then you cannot claim unfair constructive dismissal (which is a case nobody would recommend as they are nigh on impossible to win, and which you should not do unless advised to). They will point to your refusal to discuss mediation, to you tolerating this for years, and your ability to to tolerate it for the money. 

You can suggest a settlement - I seriously doubt they will cough up the amount of money that must be in your head though. You say you are not sure - but you expect to struggle to find a job and at the same salary, so you have something there even if you don't realise it. And I am not seeing you getting it - and definitely not then going on to work for another part of the group. I'd love to be wrong but I think that is cloud cuckoo land. If you want to go down this route though you MUST get your union on board - you simply cannot afford a lawyer otherwise. And this is a case that could potentially generate a large bill and more than wipe out anything you win - IF you win. 

And if that isn't a prospect or risk that you can face, then you have only two choices. You walk away / look for another job. Or you find a way of reconciling with the employer a way forward where you continue to work, perhaps being redeployed. Unless, of course, they are willing to let him go. But that doesn't seem to be on the cards from what you said - and I would have to urge you to consider, if it is this bad now, what will it be like if that happens? I'd like to be able to tell you that the police would intervene and help you, but I work on the VAWG agenda, and it really doesn't happen. 

k12479

nedwina2020 said:

If I leave and go for a settlement,can I then go and work for a subsidiary company?

As already mentioned, no one can definitively answer this.

However, it is normally quite easy for people to communicate with others in organisations and ask about internal applicants and things like grievances, mediation, off sick, etc. etc. raise red flags - regardless of fault - that hiring the applicant will be a risk.

Simon11

I would have personally left ages ago in your position, if only for my mental health.

Take the opportunity to 'quiet quit' and look/ apply for your next job while getting paid.