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Flowmojo
Beginner

A strange turn of events..work related!

Flowmojo, 3 September, 2013 at 14:19 Posted on Off Topic Posts 0 28

So as we know, my current place of work have been utter ***** at me returning to work part time, givign me false hope then basically giving me the finger. I am due to return back after mat Leave 7th October, and had started to get the horrid feeling my tummy. Part Time job hunting has been going ok, except the interviews and feedback I e have received is that I am overqualified and will get easily bored (il be the judge of that!! grr!!)

ANYWAY..the HR finance guy calls me yesterday as hes leaving the office asking to speak to me today..i say yes fine assuming its about me coming in to do my 'back to work' days here and there before i come back proper. He calls today and tells me that this is off the record and confidential but they have been re thinking and understand how hard it is for working mums and childcare and so on so they would like to make me an offer. He tells me that i can come back full time and my job is still there OR they can offer me a 'get out clause' for me to leave. Basically offering me 3 months full pay tax free, plus my benefits and holiday i would have accrued. He goes on to explain they'd get their solicitor to draw up something if i agreed and id need my solicitor to go over it blah blah (guess so i cant come back with a discrimination case and so on)

As I am on basic maternity pay, this would mean I wouldn't have to go back to work for a good few more months, well into next year (although i would go back soon as, just part time in the right job). Initially i was over the moon !! But then i thought about it and was a bit offended! trying to pay me off on the quiet!?!?! Dressing it up as thinking of me and childcare?!?!

he said hes send me a breakdown of figures and details so I can think about it and go back to him..its a no brainer isnt it?!?!

28 replies

Latest activity by Flowmojo, 6 September, 2013 at 08:58
  • *Bea*
    Beginner October 2011
    *Bea* ·
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    Wtf? That doesn't sound right flow and can not be tax free unless it is part of a redundancy package or compensation. How do you feel about it? Do we have any employment law types on here? I would get some advice. I'm not saying don't take it but make sure you know what your taking. Sounds like they are paying you off to me.

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  • Flowmojo
    Beginner
    Flowmojo ·
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    i think thats what theyll call it in the company

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  • OB
    Beginner January 2011
    OB ·
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    Yeah was going to say it sounds like they are offering you redundancy.

    If it suits you and it’s actually what you want, then go for it!

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  • Mrs C
    Beginner March 2011
    Mrs C ·
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    They can't make you redundant as the job still exists, sounds more like a compromise agreement to me. You would need a solicitor, I would also make sure that you get them to pay the solicitor fees. We have a lot of these, tends to be for senior management.

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  • *Bea*
    Beginner October 2011
    *Bea* ·
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    Hmmm it sounds dodgy.

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  • *Bea*
    Beginner October 2011
    *Bea* ·
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    Yes agree with MrsC definitely get it checked out. But if it works got you go for it. How long will you have to think? What happens of you don't agree?

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  • kharv
    Beginner March 2012
    kharv ·
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    I don't think it's necessarily dodgy - I think it's a compromise agreement.

    They should be paying your solicitors fees.

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  • Flowmojo
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    Flowmojo ·
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    good point!

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  • Mrs C
    Beginner March 2011
    Mrs C ·
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    It's their way of covering their backs against discrimination - if you sign it you agree to the ending of the contract. You would not be able to make any claims against them.

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  • Vikster79
    Beginner July 2011
    Vikster79 ·
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    If they want to play that game, id try and squeeze them for all i could. Counter offer with a 6 month pay off. (p.s. in reality im assuming you cant do this? or can you? haa). They seem to be messing you around so would you really want to go back and work for them?

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  • Flowmojo
    Beginner
    Flowmojo ·
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    no, ive been dreading it, esp after they cocked up my working part time request. Its a good thing i think, i just neeed to go through the details and lay out a few things, like them to pay for my solicitor to check over their offer etc

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  • *Bea*
    Beginner October 2011
    *Bea* ·
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    I meant it sounds dodgy in the sense that they are constructing this rather than fulfilling the part time request. I personally think you should get everything you can out of them and don't look back.

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  • kharv
    Beginner March 2012
    kharv ·
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    Ahh. I think they're frightened she's going to sue! Ha.

    I agree - I'd not go back.

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  • Soybean
    Beginner March 2011
    Soybean ·
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    There is a trend in the current market for employers to reduce the number of part time workers and consolidate their full time workers as it is a cost saving them for them due to NI and holiday arrangements but they still need to follow the flexible working regulations and ensure a fair process is conducted for those requests.

    Are you satisfied they followed this correctly? If not it sounds like an arse covering exercise to me.

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  • ATB
    Beginner August 2014
    ATB ·
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    Yep definately covering their own arse! They realise you may sue because do they not HAVE to offer you part time hours unless there is a damn good reason not to and in the case of your job there really isn't?

    I think it could work out well for you if you are happy with it, you wanted out anyway!

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  • Flowmojo
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    Flowmojo ·
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    no, legally they dont HAVE to offer me part time, they legally have to listen to my business case for part time, which they did. And then they came back with a very through letter (3 A4 apges!!) explaining each point as to why it wouldnt work. I got a legal friend to go over it, they covered their backs..it was so well written it must have been done by a legal expert, no way anyone there would know that stuff!!!

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  • ATB
    Beginner August 2014
    ATB ·
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    Ah right, I thought they'd just said no, not justified it like that and covered themselves! Sounds like your company is very much stuck in the dark ages like mine. I'd not believe they were 'thinking of working mothers' at all. You were wanting to leave anyway, so this could just be a bonus for you even though you are being paid off effectively. In your case I'd take the offer (not sure I'd be brave enough to negotiate) and you'll get a part time job that suits you. Try not to feel crap they are treating you like this, sometimes we've just got to let things go. You're too good for a company who treats you like this.

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  • Soybean
    Beginner March 2011
    Soybean ·
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    Then they are simply offering you a compromise agreement. In which case the first £30k is free from deductions but ensure the amount is written into the agreement and that your pensions rights are not restricted etc. If you are mindful to, you can even get your solicitor to negotiate for more but usually there has to be a well reasoned argument entered as to why. You should also insist a reference is attached.

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  • HatTrick
    Beginner September 2010
    HatTrick ·
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    How strange that would do this, did you appeal? I'd take the money and run!

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  • ~Peanut~
    Beginner December 2012
    ~Peanut~ ·
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    I remember you saying at the time they gave a very thorough explanation of why they were refusing your part time working request.

    I think that this is purely because they just want to get rid of you, they don't want a mum with a baby working for them who may have childcare emergencies and need time off. Which of course is completely inappropriate, so they are dressing it up like they're doing it for your benefit.

    Either way, I would take the money and run.

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  • Flowmojo
    Beginner
    Flowmojo ·
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    This and the fact they know I want more children. The more I have thought about it the more angry i am with them however my trusted solicitor friend has advised me it really is the best option, unless i want months and months of trubunals and what nots and where then it could mean me paying out.

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  • L
    Beginner December 2012
    LEN11212 ·
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    It would also be "tax free" for you if they gross it up. I've had this with relocation payments before.

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  • far2calm
    Beginner May 2012
    far2calm ·
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    It all sounds to good to be true, so certainly check it all out, and don't take there first offer... try and get as much out of them as possible!!! Because is you did take it further they would be paying you out a hell of a lot more....

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  • Mrs C
    Beginner March 2011
    Mrs C ·
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    Only certain elements of a compromise agreement are tax free, I *think* that you still have to pay tax on holiday pay and pay for actual days worked, compensation payments would be like redundancy pay. Get a good employment lawyer!

    And negotiate!!

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  • loadsagifts
    Beginner January 2012
    loadsagifts ·
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    Flo, I did a compromise agreement after maternity.....cannot say too much but feel free to email me if you need to...personal email is best ********@*******.**.**

    The firm have to pay your solicitor costs btw

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  • T
    Beginner
    TGD ·
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    IF it is what you want then firstly negotiate. If they are offering you three months they are willing to pay for at least five. Secondly insist on legal cousel at their expense (they will have to do this to clear themselves from a tribunal perspective). Depending on how many years you have been there I would be inclined to start negotiations at 9 months. I have a lot of experience (not nice) in laying off staff so know how it is from the other side (ignore spelling mistakes am a few pints up and taken my lenses out)....

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  • T
    Beginner
    TGD ·
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    Me again....they will do anything to cover theselves from a tribunal perspective with an employee on mat leave. It may not feel like it and it is not a nice situation to be in but your deck is looking pretty good from a negotiation perspective....please DM me if you need more help, I appreciate I am a newbee so no offensive if you don't.....

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  • Flowmojo
    Beginner
    Flowmojo ·
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    Thanks everybody for wise words!! I was saying to clairenumbers yesterday i didnt even know this kind of thing was common and existed in companys!!!! I have a solicitor on the case now, who was recommended to me by a solicitor friend (who cannot deal with my company as she already does work for them, conflict of interest etc)

    I am off on my holibobs next week which is when the donkey work will be done so i just have to wait to come back to a final offer and go from there!

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