Settlement, should I accept.

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Discussion

croyde

Original Poster:

24,768 posts

245 months

Yesterday (10:35)
quotequote all
I did talk about this on a separate thread where I stupidly, due to mental pressures, resigned from my job and changed my mind the next day.

My boss, and his boss, plus the whole department wanted me back but I had played into HRs hands, as they are looking for ways to lower the head count without spending money.

So the most experienced member, who was always punctual and was rarely sick, was let go whilst keeping all the useless idiots laugh

HR were truly nasty to me so I contacted ACAS who told me to lodge a grievance with the managing director.

Another employee was tasked with the investigation and many emails were written between us. Mainly asking for evidence of my mental health which my doctor submitted.

Today she has called to say that the company will offer a settlement but no talk of getting my job back.

I see that, currently, as a win as after all this time I wasn't sure that I wanted to be reinstated, although I need the wages.

It's equivalent to 2 months wages, tax free, so in real money terms, 3 months more of being able to pay bills, rent etc.

So do I accept, or should I get a solicitor?

Thanks for any info and if anyone knows a reasonable employment law solicitor in SW London, that would be helpful, if one is needed.

Nezquick

1,624 posts

141 months

Yesterday (10:49)
quotequote all
I'm not an employment lawyer but surely their offer means that:

a) they perhaps agree they have some culpability in the whole scenario;
b) they accept you might have a case, and are trying to "buy it off" now without incurring additional expense.

If that's the case, and you really want to see an end to it all, why not counter offer and say you'll walk away for 6 months pay?

croyde

Original Poster:

24,768 posts

245 months

Yesterday (10:52)
quotequote all
Thanks for your reply.

My thoughts exactly, so it may be worth throwing a bit of money to a solicitor for advice.

randlemarcus

13,623 posts

246 months

Yesterday (11:01)
quotequote all
As part of the settlement, they are obliged to pay for a solicitor for you. There are some cracking employment lawyers on here, including one Jason Frater who acted for me, but I am buggered if I can remember his username.

croyde

Original Poster:

24,768 posts

245 months

Yesterday (11:09)
quotequote all
Yes, it seems that they have allocated a sum on top to pay for a lawyer to go through the agreement and settlement once drawn up, but not for me to seek advice.

Which is understandable.

A couple of locals that I've looked at are asking a grand just for an initial chat.

Could well be shooting myself in the foot. Maybe just be happy with the offer as after all I wasn't expecting it.

CloudStuff

3,983 posts

119 months

Yesterday (11:17)
quotequote all
randlemarcus said:
As part of the settlement, they are obliged to pay for a solicitor for you. There are some cracking employment lawyers on here, including one Jason Frater who acted for me, but I am buggered if I can remember his username.
Jasandjules ??

Ussrcossack

784 posts

57 months

Yesterday (12:18)
quotequote all
How much redundancy would you have been entitled to?

Are they buying you off cheap

Jasandjules

71,043 posts

244 months

Yesterday (12:23)
quotequote all
As set out above you will need a lawyer to review and sign off on a formal settlement agreement. The cost for this is paid by the company (well, they tend to make a contribution which in a simple matter ought to be sufficient).

Also, I am a big fan of never accepting the first offer. So no harm in saying (assuming you are content to call it quits and don't want a day in Tribunal etc) "to save my mental health I am willing to settle but the amount offered is insufficient. If you offer me X amount ex gratia then I will accept"


Muzzer79

12,059 posts

202 months

Yesterday (12:27)
quotequote all
Nezquick said:
I'm not an employment lawyer but surely their offer means that:

a) they perhaps agree they have some culpability in the whole scenario;
b) they accept you might have a case, and are trying to "buy it off" now without incurring additional expense.

If that's the case, and you really want to see an end to it all, why not counter offer and say you'll walk away for 6 months pay?
More likely is that the OP doesn’t have a case, but they just want him to go away quietly without any hassle, hence bunging him a few quid to do so.

An employment solicitor will, IME, check your offer for legality but not advise you on whether you got a good deal.

As with all things, this is a negotiation. Stand up for yourself but be realistic.

If they’ve offered you two months, I would ask for 6 and be prepared to accept the equivalent of 3.

croyde

Original Poster:

24,768 posts

245 months

Yesterday (12:38)
quotequote all
It's better than minimum redundancy. I was there 6 years so 6 weeks wages I believe.

As the previous posters have suggested, a sensible counter offer and be willing to accept less would seem sufficient.

The weather has been great and it's been far nicer not having to go into work. Shame about the company health insurance though.

I think that they are looking to radically downsize and accept automation. The atmosphere there isn't great so it's for the best, and better than leaving in the winter.

Jasandjules

71,043 posts

244 months

Yesterday (12:46)
quotequote all
croyde said:
Shame about the company health insurance though.
.
Then part of your counter offer is a sum to reflect the health insurance costs for the next 3-6 months too........ Separately noted...

croyde

Original Poster:

24,768 posts

245 months

Yesterday (13:00)
quotequote all
Thanks to everyone on this thread, and to you Jasandjules, especially as I believe you may be in the business smile

soad

33,930 posts

191 months

Yesterday (13:08)
quotequote all
Obviously, they don’t want you back. Using savings to pay bills is not great, been there in the past myself.

Milk them for what you can, so long as solicitor isn’t taking half.

lizardbrain

2,830 posts

52 months

Yesterday (13:14)
quotequote all
Redundancy is 1.5 weeks for every year service for anyone 'mature'

Which sounds like roughly what they've offered you.

I don't see what you have to lose by offering a counter, I would ask for 4 months and make some vague noises about dragging it on...


Mark83

1,282 posts

216 months

Yesterday (13:16)
quotequote all
I completed my work settlement last week, which included an NDA section so cannot discuss it any further.

https://www.doyleclayton.co.uk/ Handled it all for me. My wife's school friend is a partner there. My former employer picked up the legal fees. I can share contacts via DM.

HR do what they're told to do to protect the company. If senior management want you to stay, HR will be instructed accordingly.

audikarma

44 posts

112 months

Yesterday (14:09)
quotequote all
After remembering all your threads about your ex wife situation, and housing, I’ve got to say you really don’t have much luck do you old chap?

Sorry to hear about this.

croyde

Original Poster:

24,768 posts

245 months

Yesterday (20:28)
quotequote all
audikarma said:
After remembering all your threads about your ex wife situation, and housing, I ve got to say you really don t have much luck do you old chap?

Sorry to hear about this.
C'est la vie laugh

Yes, I do wonder who I must have pi55ed off biggrin