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Tulips
Beginner May 2005

Grievance at work (+ comp agreement)

Tulips, 9 April, 2008 at 12:25 Posted on Off Topic Posts 0 10

I have been presented with a compromise agreement which I will need to take to an employment solicitor shortly. At present I have a grievance outstanding, see my previous post
Old post here

HR interviewed my colleague (witness) who supported me 100% and HR will be asking me shortly what I want... according to my colleague.

I would like an apology at the very least, however, I'm angry with how I've been generally treated upon return from maternity leave three weeks ago and feel tempted to threaten with constructive dismissal & harassment... The settlement in the comp agreement isn't great (2 months). I feel greedy for thinking this... but do you think it would be worth asking for three months pay? Can I ask to speak to an employment solicitor first before deciding on how to bring things forward?

10 replies

Latest activity by clairegwen, 9 April, 2008 at 18:35
  • L
    Beginner
    louisejane ·
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    I've sent you some details Tulip of an employment advisor you can speak with.

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  • Tulips
    Beginner May 2005
    Tulips ·
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    quote:Originally posted by louisejane
    I've sent you some details Tulip of an employment advisor you can speak with.
    id="quote">

    Many thanks Louise Jane - will wait for your email to come through. Have checked my orange account, but lately emails seem to take forever to make an appearance (!).
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  • NickJ
    Beginner
    NickJ ·
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    I d ask for 6 and settle at 3.

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  • DiamondGirl
    DiamondGirl ·
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    I'm in no way an expert in employment law but it sounds like you have been very unfairly treated and possibly discriminated against because you have had a child. If it were me, I would certainly refuse to accept or sign anything without some legal advice first, it's not like you owe this organisation anything after all.

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  • Roobarb
    Beginner January 2007
    Roobarb ·
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    If it supposedly a genuine redundancy why are they wanting you to sign a compromise agreement?

    You will require to get legal advice before you sign it anyway as that will be a condition of the compromise agreement, just make sure you tell your advisor the full story to enable them to advise you on whether to sign it or not in the current format.

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  • jelly baby
    jelly baby ·
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    H signed a compromise agreement with his previous employer, he received 6 months salary tax free and he only had 3 months service at this point. I personally think you should definitely be looking at more.

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  • bettyb
    Beginner July 2006
    bettyb ·
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    quote:Originally posted by Roobarb
    If it supposedly a genuine redundancy why are they wanting you to sign a compromise agreement?
    id="quote">

    I thought it was standard to get a compromise agreement with all redundancies nowadays ? I know i got one at my last place, I had only been there 6 months and received 3 months pay which I was pleasantly surprised at.
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  • cherry_bomb
    Beginner
    cherry_bomb ·
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    Comp agreements are standard for almost all redundancies these days.

    If you feel that you've been unfairly treated then I would definitely ask for more or threaten them with further legal action. Tribunals are phenomenally expensive for employers regardless of whether they win or lose and most will want to avoid it getting to that stage if at all possible.

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  • Roobarb
    Beginner January 2007
    Roobarb ·
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    quote:Originally posted by bettyb
    quote:Originally posted by Roobarb
    If it supposedly a genuine redundancy why are they wanting you to sign a compromise agreement?
    id="quote">

    I thought it was standard to get a compromise agreement with all redundancies nowadays ? I know i got one at my last place, I had only been there 6 months and received 3 months pay which I was pleasantly surprised at.
    id="quote">



    Not as far as I know. If I was advising an employer on a redundancy as long as they followed a fair process I wouldn't think they'd need a CA, as redundancy is a potentially fair reason for dismissal so provided the selection process is fair and they follow the statutory dismissal procedures they should be OK. CAs can cost the employer quite a bit of additional money at what is often a time they could do without spending extra so I'd only think they'd maybe need it if they'd cocked up somehow ?
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  • bettyb
    Beginner July 2006
    bettyb ·
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    quote:Originally posted by Roobarb
    quote:Originally posted by bettyb
    quote:Originally posted by Roobarb
    If it supposedly a genuine redundancy why are they wanting you to sign a compromise agreement?
    id="quote">

    I thought it was standard to get a compromise agreement with all redundancies nowadays ? I know i got one at my last place, I had only been there 6 months and received 3 months pay which I was pleasantly surprised at.
    id="quote">



    Not as far as I know. If I was advising an employer on a redundancy as long as they followed a fair process I wouldn't think they'd need a CA, as redundancy is a potentially fair reason for dismissal so provided the selection process is fair and they follow the statutory dismissal procedures they should be OK. CAs can cost the employer quite a bit of additional money at what is often a time they could do without spending extra so I'd only think they'd maybe need it if they'd cocked up somehow ?
    id="quote">


    Hmm, I think my employer may of done it just to cover their own back then. I had only been employed for 6 months and my role was being relocated so there was no question that I had to leave, so they hadn't really cocked up as the relocation thing was due to a customer moving office so outside of their control.
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  • clairegwen
    clairegwen ·
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    You really need to obtain some legal advice before accepting any compromised agreement.

    I accepted one last year which came as a result of raising a grievance against the Headteacher. At the time I was off work with stress and prescribed anti-depressants (I am still on them). I had a Union negotating for me, but unfortunately I don't think they were particularly on my side.

    Because I was so stressed and in such a state and things had dragged on too long, I agreed a 6 month tax free payment (although in hindsight I don't think the Union were giving me much choice to decline it had I been in a state to) but do really regret it now. As it happens the Headteacher whom I had raised the grievance about has now been suspended (as a result of an Ofsted inspection - nothing to do with me).

    I really wish I had just hung on a bit longer, but as it happens I didn't and now there is nothing I can do. I am bound over by terms and conditions.

    You need to get independent advice and don't accept anything in haste.

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