Shall I take them to a tribunal....

Wyndham

PM22 said:

Yes, that's true but why are they running scared of a tribunal?

I don't think they are running scared, I think they just want to be rid of you.

Once again I will ask:
Do you feel you were discriminated against (by which I mean on one of the protected characteristics)?
How long did you work there?

And, why do you think you will suceed at a tribunal? Most people don't, so why are you thinking you've got a strong case?

Undervalued

DE_612183 said:

Do you feel your performance has improved a lot or just a bit?

If you leave and they will give you the money and a reference I'd be inclined to take it.

Even if you did take I'm not sure whether they could stipulate that part of the agreement is not to go down the UD route.

The whole point of a formal settlement agreement is to prevent any future claims (with just one of two areas that can't legally be excluded)! That is why legal advice is required before signing so that the employee understands that it is the end of the matter.

Hoenir

PM22 said:

I left without giving notice 

Actions unfortunately speak a thousand words. As you left in the business in the lurch. Tribunals will take this into account. 

PM22

I didn't get legal advice....does that mean I can't sign it??

PM22

I'm glad I left them in the lurch. They let me down when I was being bullied.

Undervalued

PM22 said:

I didn't get legal advice....does that mean I can't sign it??

You can but it MAY not be binding on the employer. They are taking a risk that you MIGHT be able to reopen the claim.

TheSpectator

PM22 said:

I'm glad I left them in the lurch. They let me down when I was being bullied.

The Tribunal will love an attitude like that.

Undervalued

PM22 said:

I'm glad I left them in the lurch. They let me down when I was being bullied.

You won't be if they sue your for any losses they incurred (less your wages) if you left without notice!

Be careful!

PM22

They won't have incurred any losses because of my departure, don't worry.

MattMattMattUK

PM22 said:

Yes, that's true but why are they running scared of a tribunal?

A tribunal is a huge pain in the behind even if the employer is 100% in the right, it also costs them time and money. A no tribunal clause is pretty standard as part of a settlement. 

PM22 said:

They won't have incurred any losses because of my departure, don't worry.

If they had to employ agency staff to cover your work and that cost them more than you would have then that is a loss and you can be held responsible for those costs.