Compromise agreement issue
Discussion
I will try and keep this as short as possible
I worked as a security guard for a local authority and was assaulted whilst doing my job 5yrs ago. This made me ill and I was recently diagnosed with Post Traumatic Stress Disorder by my doctor and I have been sick from work since. This was one of many issues I had with my employer. Recently I invoked the grievance procedure which covered issues I had with Health and Safety, Occupational Negligence, Bullying and Harassment, Lone Working, and Disability Discrimination. The grievance itself was very complex because of this and stretched back to the assault that had happened 5yrs ago.
My employers appointed an investigating officer and the investigation took over 6 months to conclude. The outcome was that they did not support the grounds of the grievance.
I appealed the decision stating that my employers had not interviewed my witnesses and had only taken the word of my management to conclude the investigation.
Within 2 hours of sending my appeal I received an email calling me to a meeting the following week.
In this meeting I have been offered a compromise agreement in exchange for dropping the complaint. The alternative to this is too go back to work in a different role and face a stage 3 sickness procedure against me. They are not giving me much option and the compromise agreement is just basic redundancy money (9 weeks for 9 yrs employment, holiday money and lieu of notice) and a positive reference from them. The money they are offering is not a lot considering what I have been through.
I really do not know what to do. Any advice would be greatly received
I worked as a security guard for a local authority and was assaulted whilst doing my job 5yrs ago. This made me ill and I was recently diagnosed with Post Traumatic Stress Disorder by my doctor and I have been sick from work since. This was one of many issues I had with my employer. Recently I invoked the grievance procedure which covered issues I had with Health and Safety, Occupational Negligence, Bullying and Harassment, Lone Working, and Disability Discrimination. The grievance itself was very complex because of this and stretched back to the assault that had happened 5yrs ago.
My employers appointed an investigating officer and the investigation took over 6 months to conclude. The outcome was that they did not support the grounds of the grievance.
I appealed the decision stating that my employers had not interviewed my witnesses and had only taken the word of my management to conclude the investigation.
Within 2 hours of sending my appeal I received an email calling me to a meeting the following week.
In this meeting I have been offered a compromise agreement in exchange for dropping the complaint. The alternative to this is too go back to work in a different role and face a stage 3 sickness procedure against me. They are not giving me much option and the compromise agreement is just basic redundancy money (9 weeks for 9 yrs employment, holiday money and lieu of notice) and a positive reference from them. The money they are offering is not a lot considering what I have been through.
I really do not know what to do. Any advice would be greatly received
Very difficult area though to me the untrained eye it looks as though they are 'gunning' for you and want you out in the cheapest and most hassle free way they can get away with.
I would hope you have union representation as going through what you have without that support would have been horrendous.
One thing you haven't mentioned is what do you want out of this - compensation, a job with less stress and hassle without the disciplinary hanging over you or do you just want out with a bit of cash.
Doubtless more questions will follow but if I could give you any useful advice IF Breadvan adds to this thread then take his advice as professionally it would cost you a lot of money and it will be on the button!
Good Luck matey!
I would hope you have union representation as going through what you have without that support would have been horrendous.
One thing you haven't mentioned is what do you want out of this - compensation, a job with less stress and hassle without the disciplinary hanging over you or do you just want out with a bit of cash.
Doubtless more questions will follow but if I could give you any useful advice IF Breadvan adds to this thread then take his advice as professionally it would cost you a lot of money and it will be on the button!
Good Luck matey!
Thanks for replying Elanfan. 
It has been without doubt the worst experience of my life.
I have had union representation but they have not offered me much help or support, but they have advised I could face the sack if I return to my job.
I have asked for the following remedies
1. A safe and stress free environment to work in
2. An investigation of events without any bias (e.g. interviewing witnesses including staff that have left their employment)
3. Management that are aware and competent in dealing with any dangers that staff can encounter and are also trained in noticing and dealing with staff who have a mental disability
4. Suitable compensation for the damage to my health including payments for wages lost during the investigation
5. To setup an organisation or department that can understand and deal with bullying and harassment. Possibly one nominated person in every department to deal with these issues
6. A full and unbiased Risk Assessment with every point resolved to an acceptable level
7. A look at the grievance process in particular time scales and regular updates throughout.
It is so tempting just to accept their measly offer. I just feel that would be letting them get away with it too easy. I think if they offered me a bit more money I would cut my losses and take it though.
It has been without doubt the worst experience of my life.
I have had union representation but they have not offered me much help or support, but they have advised I could face the sack if I return to my job.
I have asked for the following remedies
1. A safe and stress free environment to work in
2. An investigation of events without any bias (e.g. interviewing witnesses including staff that have left their employment)
3. Management that are aware and competent in dealing with any dangers that staff can encounter and are also trained in noticing and dealing with staff who have a mental disability
4. Suitable compensation for the damage to my health including payments for wages lost during the investigation
5. To setup an organisation or department that can understand and deal with bullying and harassment. Possibly one nominated person in every department to deal with these issues
6. A full and unbiased Risk Assessment with every point resolved to an acceptable level
7. A look at the grievance process in particular time scales and regular updates throughout.
It is so tempting just to accept their measly offer. I just feel that would be letting them get away with it too easy. I think if they offered me a bit more money I would cut my losses and take it though.
edc said:
Does this comp agreement see you leaving the business?
The compromise agreement they have offered would mean me leaving the company and dropping the complaint in exchange for a positive reference and the redundancy package.
edc said:
What outcome do you want leaving aside the potential cash from the comp agreement?
I really wanted to hold them accountable for what has happened, but realistically after everything I have been through I am starting to believe a clean break from them may be in my best interest.LeeRx said:
Thanks for replying Elanfan.
It has been without doubt the worst experience of my life.
I have had union representation but they have not offered me much help or support, but they have advised I could face the sack if I return to my job.
I have asked for the following remedies
1. A safe and stress free environment to work in
2. An investigation of events without any bias (e.g. interviewing witnesses including staff that have left their employment)
3. Management that are aware and competent in dealing with any dangers that staff can encounter and are also trained in noticing and dealing with staff who have a mental disability
4. Suitable compensation for the damage to my health including payments for wages lost during the investigation
5. To setup an organisation or department that can understand and deal with bullying and harassment. Possibly one nominated person in every department to deal with these issues
6. A full and unbiased Risk Assessment with every point resolved to an acceptable level
7. A look at the grievance process in particular time scales and regular updates throughout.
It is so tempting just to accept their measly offer. I just feel that would be letting them get away with it too easy. I think if they offered me a bit more money I would cut my losses and take it though.
Not wishing to sound harsh, but if anyone gave those "remedies" to me, I would be on the phone to our employment lawyers asking for the cheapest and quickest way to get them gone. Unless the PTSD was directly caused by some negligence on our part then it might be different.It has been without doubt the worst experience of my life.
I have had union representation but they have not offered me much help or support, but they have advised I could face the sack if I return to my job.
I have asked for the following remedies
1. A safe and stress free environment to work in
2. An investigation of events without any bias (e.g. interviewing witnesses including staff that have left their employment)
3. Management that are aware and competent in dealing with any dangers that staff can encounter and are also trained in noticing and dealing with staff who have a mental disability
4. Suitable compensation for the damage to my health including payments for wages lost during the investigation
5. To setup an organisation or department that can understand and deal with bullying and harassment. Possibly one nominated person in every department to deal with these issues
6. A full and unbiased Risk Assessment with every point resolved to an acceptable level
7. A look at the grievance process in particular time scales and regular updates throughout.
It is so tempting just to accept their measly offer. I just feel that would be letting them get away with it too easy. I think if they offered me a bit more money I would cut my losses and take it though.
After "stress free environment to work in" there is no need to read on as no one in the right mind would consider agreeing to that, how is stress free defined, more to the point why on earth would I pay someone to have a stress free work environment? Is that not part of what going to work is about?
LeeRx said:
edc said:
Does this comp agreement see you leaving the business?
The compromise agreement they have offered would mean me leaving the company and dropping the complaint in exchange for a positive reference and the redundancy package.
edc said:
What outcome do you want leaving aside the potential cash from the comp agreement?
I really wanted to hold them accountable for what has happened, but realistically after everything I have been through I am starting to believe a clean break from them may be in my best interest.Look at your demands from a business perspective. What will it take and cost them to do all of that and what is the gain. Even doing all of that does not mitigate your claim. Ergo, the best business option is not what you want but something else.
You need to be able to move on or you will end up bitter and twisted and taint your future employment. Whether there is enough for a successful claim amongst your woes I won't comment on but that will influence your financial position on the compromise agreement piece. I have worked in your industry and some of these organisations are very adept at handling ER cases like this and some are completely clueless. Only you will have the insight into this dynamic and their risk aversion?
I assisted somebody to get very good terms largely because the employer (different industry) was always on the back foot and did not have much experience in this area despite being a very big national and international brand. Some employers will always pay out for fear of a PR disaster others I have worked for take a much more robust stance.
nikaiyo2 said:
LeeRx said:
Thanks for replying Elanfan.
It has been without doubt the worst experience of my life.
I have had union representation but they have not offered me much help or support, but they have advised I could face the sack if I return to my job.
I have asked for the following remedies
1. A safe and stress free environment to work in
2. An investigation of events without any bias (e.g. interviewing witnesses including staff that have left their employment)
3. Management that are aware and competent in dealing with any dangers that staff can encounter and are also trained in noticing and dealing with staff who have a mental disability
4. Suitable compensation for the damage to my health including payments for wages lost during the investigation
5. To setup an organisation or department that can understand and deal with bullying and harassment. Possibly one nominated person in every department to deal with these issues
6. A full and unbiased Risk Assessment with every point resolved to an acceptable level
7. A look at the grievance process in particular time scales and regular updates throughout.
It is so tempting just to accept their measly offer. I just feel that would be letting them get away with it too easy. I think if they offered me a bit more money I would cut my losses and take it though.
Not wishing to sound harsh, but if anyone gave those "remedies" to me, I would be on the phone to our employment lawyers asking for the cheapest and quickest way to get them gone. Unless the PTSD was directly caused by some negligence on our part then it might be different.It has been without doubt the worst experience of my life.
I have had union representation but they have not offered me much help or support, but they have advised I could face the sack if I return to my job.
I have asked for the following remedies
1. A safe and stress free environment to work in
2. An investigation of events without any bias (e.g. interviewing witnesses including staff that have left their employment)
3. Management that are aware and competent in dealing with any dangers that staff can encounter and are also trained in noticing and dealing with staff who have a mental disability
4. Suitable compensation for the damage to my health including payments for wages lost during the investigation
5. To setup an organisation or department that can understand and deal with bullying and harassment. Possibly one nominated person in every department to deal with these issues
6. A full and unbiased Risk Assessment with every point resolved to an acceptable level
7. A look at the grievance process in particular time scales and regular updates throughout.
It is so tempting just to accept their measly offer. I just feel that would be letting them get away with it too easy. I think if they offered me a bit more money I would cut my losses and take it though.
After "stress free environment to work in" there is no need to read on as no one in the right mind would consider agreeing to that, how is stress free defined, more to the point why on earth would I pay someone to have a stress free work environment? Is that not part of what going to work is about?
You said you were a Security Guard which by its suggestion is to provide some sort of security against danger to personnel or damage to property. Basically it you against someone with intent. Now being on the lookout for these sort of people during the whole time of your shift will cause some form of work based stress (if your doing it right) as you dont have the element of surprise. Now you can limit the stress in both conditions and how you are treated by the management. If its this you want then thats fine but what your asking for is a bit like a Bus Driver wanting to just drive around his route and asking to not pick up those noisy pesky passengers!
Im very careful how i word this reply as someone who suffered PTSD in my Army career in 1994 i know what can happen and there are different levels of incident that can cause it. Mine involved deaths of people who were with me at the time and i was seriously injured. And back then the Army were not very good at dealing with this but i didnt hold any grudges, i got back on track within months and since then been on 3 Afghanistan tours and more. Sometimes its better to cut your loses and move on, this can also aid the recovery process.
petop said:
Im afraid i have to agree there.
You said you were a Security Guard which by its suggestion is to provide some sort of security against danger to personnel or damage to property. Basically it you against someone with intent. Now being on the lookout for these sort of people during the whole time of your shift will cause some form of work based stress (if your doing it right) as you dont have the element of surprise. Now you can limit the stress in both conditions and how you are treated by the management. If its this you want then thats fine but what your asking for is a bit like a Bus Driver wanting to just drive around his route and asking to not pick up those noisy pesky passengers!
I understand what your saying and I also knew when I took the job that there would be a level of confrontation, but my complaint is more to do with being left on my own without support dealing with high risk situations. Also my management were aware of gangs and dangerous people on the site but refused to do anything about it. My argument was that government cuts of staff and funding had overlooked Health and Safety.You said you were a Security Guard which by its suggestion is to provide some sort of security against danger to personnel or damage to property. Basically it you against someone with intent. Now being on the lookout for these sort of people during the whole time of your shift will cause some form of work based stress (if your doing it right) as you dont have the element of surprise. Now you can limit the stress in both conditions and how you are treated by the management. If its this you want then thats fine but what your asking for is a bit like a Bus Driver wanting to just drive around his route and asking to not pick up those noisy pesky passengers!
nikaiyo2 said:
Not wishing to sound harsh, but if anyone gave those "remedies" to me, I would be on the phone to our employment lawyers asking for the cheapest and quickest way to get them gone. Unless the PTSD was directly caused by some negligence on our part then it might be different.
I think the PTSD was directly caused by negligence on their part and lack of support since the assault on meI don't think you are going to get a positive result here. Looking at your list, I am afraid there are things there no employer can guarantee.
I would make them a counter offer. Suggest that an enhanced redundancy package be agreed. You feel that you lost wages during the investigation.
Suggest them raising the offer to six months money, and then you will sign to drop all process.
I think for your own good, you need to move on and put this firmly behind you and focus on the future.
Good luck
Gargamel said:
I don't think you are going to get a positive result here. Looking at your list, I am afraid there are things there no employer can guarantee.
I would make them a counter offer. Suggest that an enhanced redundancy package be agreed. You feel that you lost wages during the investigation.
Suggest them raising the offer to six months money, and then you will sign to drop all process.
I think for your own good, you need to move on and put this firmly behind you and focus on the future.
Good luck
This. I would make them a counter offer. Suggest that an enhanced redundancy package be agreed. You feel that you lost wages during the investigation.
Suggest them raising the offer to six months money, and then you will sign to drop all process.
I think for your own good, you need to move on and put this firmly behind you and focus on the future.
Good luck
By it's nature, a security guard job will not be a 'stress free' environment.
I would also take a long hard look at your reasons for doing this. On the one hand you state that you want them to be held liable for what you see as their negligence.
A few lines later, you say you'll drop everything for a bit more money. Conflicting statements my friend.
Thank you all for taking time to read this. Your comments are apreciated.
Muzzer79 said:
On the one hand you state that you want them to be held liable for what you see as their negligence.
A few lines later, you say you'll drop everything for a bit more money. Conflicting statements my friend.
What I mean is I really have had enough of fighting this, and I think a slightly improved offer would be enough for me to move on.A few lines later, you say you'll drop everything for a bit more money. Conflicting statements my friend.
Gargamel said:
I would make them a counter offer. Suggest that an enhanced redundancy package be agreed. You feel that you lost wages during the investigation.
Suggest them raising the offer to six months money, and then you will sign to drop all process.
I think for your own good, you need to move on and put this firmly behind you and focus on the future.
I will definately try this cheersSuggest them raising the offer to six months money, and then you will sign to drop all process.
I think for your own good, you need to move on and put this firmly behind you and focus on the future.
OK this is probably going to sound really harsh but you should listen to it so here goes....
This has obviously been going on for 5 years with you having periods in work and off sick by the sounds of your first post. it is obviously not a happy place for you and they obviously want you out. To try and stay is pointless, take the hint, take the compromise with the best outcome possible and move in life.
When negotiating the compromise agreement on top of what you have been offered see if they will pay for outplacement support to help you find a new job, some training that you have always wanted to do etc.
The world is your oyster dont waste it on some crappy organisation that obviously doesnt want you.
I know thats probably a hard message to take but stop listening to your head for a minute that is simply screaming "must have a job" because it is in safety mode and follow your heart and intuition.
This has obviously been going on for 5 years with you having periods in work and off sick by the sounds of your first post. it is obviously not a happy place for you and they obviously want you out. To try and stay is pointless, take the hint, take the compromise with the best outcome possible and move in life.
When negotiating the compromise agreement on top of what you have been offered see if they will pay for outplacement support to help you find a new job, some training that you have always wanted to do etc.
The world is your oyster dont waste it on some crappy organisation that obviously doesnt want you.
I know thats probably a hard message to take but stop listening to your head for a minute that is simply screaming "must have a job" because it is in safety mode and follow your heart and intuition.
When you were assaulted 5 years ago it obviously affected you greatly and I would be amazed if you didn't realise this at the time.
Did you carry on in the same role afterwards? And does the grievance apply to before you were assaulted?
Nobody should be assaulted at work and you should be compensated for the injury but if you chose to carry on working in the same that was making you ill for 5 more years then I don't think that's the fault of your employer.
If you didn't carry on with the same role after being assaulted then fair enough.
Did you carry on in the same role afterwards? And does the grievance apply to before you were assaulted?
Nobody should be assaulted at work and you should be compensated for the injury but if you chose to carry on working in the same that was making you ill for 5 more years then I don't think that's the fault of your employer.
If you didn't carry on with the same role after being assaulted then fair enough.
LeeRx said:
I will try and keep this as short as possible
I worked as a security guard for a local authority and was assaulted whilst doing my job 5yrs ago. This made me ill and I was recently diagnosed with Post Traumatic Stress Disorder by my doctor and I have been sick from work since. This was one of many issues I had with my employer. Recently I invoked the grievance procedure which covered issues I had with Health and Safety, Occupational Negligence, Bullying and Harassment, Lone Working, and Disability Discrimination. The grievance itself was very complex because of this and stretched back to the assault that had happened 5yrs ago.
My employers appointed an investigating officer and the investigation took over 6 months to conclude. The outcome was that they did not support the grounds of the grievance.
I appealed the decision stating that my employers had not interviewed my witnesses and had only taken the word of my management to conclude the investigation.
Within 2 hours of sending my appeal I received an email calling me to a meeting the following week.
In this meeting I have been offered a compromise agreement in exchange for dropping the complaint. The alternative to this is too go back to work in a different role and face a stage 3 sickness procedure against me. They are not giving me much option and the compromise agreement is just basic redundancy money (9 weeks for 9 yrs employment, holiday money and lieu of notice) and a positive reference from them. The money they are offering is not a lot considering what I have been through.
I really do not know what to do. Any advice would be greatly received
Have they offered you free legal advice regarding the compromise agreement?.I worked as a security guard for a local authority and was assaulted whilst doing my job 5yrs ago. This made me ill and I was recently diagnosed with Post Traumatic Stress Disorder by my doctor and I have been sick from work since. This was one of many issues I had with my employer. Recently I invoked the grievance procedure which covered issues I had with Health and Safety, Occupational Negligence, Bullying and Harassment, Lone Working, and Disability Discrimination. The grievance itself was very complex because of this and stretched back to the assault that had happened 5yrs ago.
My employers appointed an investigating officer and the investigation took over 6 months to conclude. The outcome was that they did not support the grounds of the grievance.
I appealed the decision stating that my employers had not interviewed my witnesses and had only taken the word of my management to conclude the investigation.
Within 2 hours of sending my appeal I received an email calling me to a meeting the following week.
In this meeting I have been offered a compromise agreement in exchange for dropping the complaint. The alternative to this is too go back to work in a different role and face a stage 3 sickness procedure against me. They are not giving me much option and the compromise agreement is just basic redundancy money (9 weeks for 9 yrs employment, holiday money and lieu of notice) and a positive reference from them. The money they are offering is not a lot considering what I have been through.
I really do not know what to do. Any advice would be greatly received
In my opinion you should get proper unbiased advice, that way you will know you are getting a fair deal and not waiving your right based on the issues mentioned to proper redress.
It does sound like you need to move on from there, just make sure you have enough in the compromise agreement to ease the stress as you look fir something else.
Best of luck!
If they've offered you an exit under a compromise agreement, they need to pay your legal fees up to £500 to ensure it's reviewed by a qualified solicitor. For a little extra you can get a lot of help to negotiate. I went through this recently, and achieved a package significantly better than originally offered.
As to whether you should take it or not, I'd agree that you should be asking for an enhanced package. As my solicitor put it, you're signing away your right to take them to a tribunal in return for money. That's worth more than a standard package.
In the end though, they want you out by the look of it, and you're not happy there - even what they offered is better than if you just quit.
As to whether you should take it or not, I'd agree that you should be asking for an enhanced package. As my solicitor put it, you're signing away your right to take them to a tribunal in return for money. That's worth more than a standard package.
In the end though, they want you out by the look of it, and you're not happy there - even what they offered is better than if you just quit.
mr_spock said:
If they've offered you an exit under a compromise agreement, they need to pay your legal fees up to £500 to ensure it's reviewed by a qualified solicitor. For a little extra you can get a lot of help to negotiate. I went through this recently, and achieved a package significantly better than originally offered.
As to whether you should take it or not, I'd agree that you should be asking for an enhanced package. As my solicitor put it, you're signing away your right to take them to a tribunal in return for money. That's worth more than a standard package.
In the end though, they want you out by the look of it, and you're not happy there - even what they offered is better than if you just quit.
Exactly this. Ignore most of the rest of the advice on this thread. This is a question of employment law rather than an ethical or moral one for you now.As to whether you should take it or not, I'd agree that you should be asking for an enhanced package. As my solicitor put it, you're signing away your right to take them to a tribunal in return for money. That's worth more than a standard package.
In the end though, they want you out by the look of it, and you're not happy there - even what they offered is better than if you just quit.
You need to see a solicitor experienced in employment law. The first offer of your employer is just that - a first offer. You will find that a solicitor will cause them to raise that offer, perhaps substantially.
Compromise agreements are not valid unless you have taken legal advice, therefore your employer will probably pay for this, usually up to £500 as stated.
Don't worry - the fact they have offered this is a good thing, and you are moving towards a resolution.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff