Settlement, should I accept.
Discussion
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
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.
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
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.
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?
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?
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.
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.
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"
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"
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.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?
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.
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.
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.
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.
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.
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