Been made redundant
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Discussion

thegman

Original Poster:

1,928 posts

233 months

Wednesday 17th October 2012
quotequote all
Just wanted some advice on whether to accept a compromise agreement. They have offered me notice + statutory. Is this right? They are not offering me pension or health care benefits is I take the compromise though. The only benefit I can see of accepting vs gardening is the tax benefit if I accept it lump sum.

Also I was expecting a small bonus at the end of the month - although this was discretionary. We usually receive a quarterly bonus. Are there any grounds that I can use to argue I should receive this in addition?

Any advice very welcome

slow_poke

1,855 posts

263 months

Wednesday 17th October 2012
quotequote all
Where's the compromise? What are you giving up and what are you gaining, what are your employers giving up and what are they gaining?

Magic919

14,458 posts

230 months

Wednesday 17th October 2012
quotequote all
Why are they offering a compromise agreement? Would be good to understand.

northandy

3,539 posts

250 months

Wednesday 17th October 2012
quotequote all
Have they offered you paid for legal advice?, thats always happened with compromise agreements ive heard of.

I have heard of just contractual notice and statutory redundancy being offered, but its the norm to offer an incentive, as the compromise forfeits some of your rights, if they just made you redundant they would end up paying you the same.

wiggy001

7,329 posts

300 months

Wednesday 17th October 2012
quotequote all
I and a number of colleagues were offered CMs a few years back. My first offer was 5 months' take home. Settled on 6.5 months' take home as I got a new job within a week.

One colleague had insurance against redundancy to called their bluff. Left with 11 months' take home.

Don't accept 1st offer.

eta Redundancy <> compromise agreement.

GadgeS3C

4,727 posts

193 months

Wednesday 17th October 2012
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Well worth speaking to a good employment law solicitor for advice. First 30 mins to an hour usually free.

rog007

5,828 posts

253 months

Wednesday 17th October 2012
quotequote all
In general terms, advice above seems logical. Re your 'bonus'; if it's a true bonus that is based upon some agreed output and thus is not expected by you nor guaranteed by the employer, then I cannot see this being any more than if you've earned it, then you should get it. But if you havent earned it, then you should not expect it by right. If however, as is intimated in your post, that you get a 'bonus' every quarter, then that could be viewed as a regular payment and as such, you may have a case for it to be paid regardless of outputs. Tricky one, and unless the bonus was substantial, possibly not one to turn in to a deal breaker. Good luck!