Compensation Offer following grievance at work

Compensation Offer following grievance at work

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lenny007

Original Poster:

1,338 posts

221 months

Friday 5th April 2019
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FocusRS3 said:
Lenny i have sent you a PM
FocusRS3 - could you send the DM again please? I've had my e-mail address updated so should receive it this time. Cheers!

Edited by lenny007 on Monday 8th April 16:46

lenny007

Original Poster:

1,338 posts

221 months

Thursday 11th April 2019
quotequote all
Update - my Wife sent an e-mail on Monday to the HR person notifying them that she wouldn't accept their settlement offer as it didn't represent a proportionate answer to the grievances in question.

Today they raised the offer a small amount which i suspect will also be rejected.

Jasandjules

69,869 posts

229 months

Thursday 11th April 2019
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Keep time limits firmly in mind.

edc

9,234 posts

251 months

Thursday 11th April 2019
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Are you putting a number back on the table or just tabling a 'no'?

lenny007

Original Poster:

1,338 posts

221 months

Thursday 11th April 2019
quotequote all
Jasandjules - most definitely. We're at week 6 since the grievance went in and we're monitoring how long this goes on for. If they bounce it round for another week or two, then we'll present them with a timescale and inform them if it doesn't progress, then we're off to ACAS.

Incidentally, they presented the original settlement offer and stated we had 10 days to consider it. 3 days later we receive an email asking if we've made up our mind! Then today with the next offer, we were presented with a deadline of 10am on Monday! Not sure how they stand with respect to pressurising my wife into making a "quick" decision...

Edc - we've just reiterated our previous comments - not accepted as it's not proportionate to the grievances raised. As we haven't seen a solicitor (and won't until next Wednesday), we don't feel we can add any more as we need certainty what we are saying is correct legally. Best to be be firm on what we're sure about and circumspect on what we aren't.


edc

9,234 posts

251 months

Thursday 11th April 2019
quotequote all
What would be proportionate then? If it's a number you want then at least engage. They don't have to offer any agreement and can change their mind. Otherwise you are fast into Tribunal time and potentially no deal and more stress. If you do want to settle then you need to find a way to talk.

lenny007

Original Poster:

1,338 posts

221 months

Friday 12th April 2019
quotequote all
edc said:
What would be proportionate then? If it's a number you want then at least engage. They don't have to offer any agreement and can change their mind. Otherwise you are fast into Tribunal time and potentially no deal and more stress. If you do want to settle then you need to find a way to talk.
Well without getting too far into this, the offer is about half of the amount owing on one of the breaches of contract. If we are advised by the solicitor to make counter offers, then we'll do that.

The mails we are receiving are pretty much cut and paste - there is no way to engage with "here's the offer, do you accept it? If so, reply by X".

We do want them to engage but it's very apparent they are doing the bare minimum to make this go away. If they change their mind that's their prerogative - but it would mean they have to complete the grievance procedure at a minimum and the person involved is rather thin skinned and won't want to have their reputation called into question in public.



FocusRS3

3,411 posts

91 months

Friday 12th April 2019
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lenny007 said:
Well without getting too far into this, the offer is about half of the amount owing on one of the breaches of contract. If we are advised by the solicitor to make counter offers, then we'll do that.

The mails we are receiving are pretty much cut and paste - there is no way to engage with "here's the offer, do you accept it? If so, reply by X".

We do want them to engage but it's very apparent they are doing the bare minimum to make this go away. If they change their mind that's their prerogative - but it would mean they have to complete the grievance procedure at a minimum and the person involved is rather thin skinned and won't want to have their reputation called into question in public.
Hi Lenny , good news you have got a solicitor on this as they will know how far to push it and the company will now know you are serious.

A counter offer is the way forward and the solicitor wir give them a date by which they will need to reply .

Good luck

lenny007

Original Poster:

1,338 posts

221 months

Friday 12th April 2019
quotequote all
FocusRS3 said:
Hi Lenny , good news you have got a solicitor on this as they will know how far to push it and the company will now know you are serious.

A counter offer is the way forward and the solicitor wir give them a date by which they will need to reply .

Good luck
Thanks for that - incidentally, i never did get that DM you sent a few days ago.

Jasandjules

69,869 posts

229 months

Friday 12th April 2019
quotequote all
It may be that engaging a lawyer who puts your position for you (on their headed paper) will get a faster response than your undertaking this yourself.

Of course, it is a tactical matter as some firms will get more aggressive upon receipt of a letter from a lawyer, others will be keener to resolve it knowing you are legally backed.

Just make sure they are not a muppet!

lenny007

Original Poster:

1,338 posts

221 months

Friday 12th April 2019
quotequote all
Jasandjules said:
It may be that engaging a lawyer who puts your position for you (on their headed paper) will get a faster response than your undertaking this yourself.

Of course, it is a tactical matter as some firms will get more aggressive upon receipt of a letter from a lawyer, others will be keener to resolve it knowing you are legally backed.

Just make sure they are not a muppet!
Yes, well at the moment it's just a consultation with the solicitor to basically get their opinion and to see if we are correct in what we are asserting.

I don't anticipate there being any correspondence between the company and the solicitor (at this time) as i agree, it could inflame things more. However, i also don't want to be making claims and having unrealistic expectation of our case if they are not correct.

I suppose legal advice at this point is more for our benefit than anything else.

WhatHappenedThere

268 posts

61 months

Friday 12th April 2019
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For good measure through in a SAR request.

You can google the best choice of wording and inform of the time lines. And keep a good log of all of this and times

If they ignore or withhold then a further black mark should it go all the way. Over and above that you can also report them to the ICC should they fail to comply (IN FULL)

Ask me how I know.....

As per the 'warranty' claim thread, don't be bullied or hurried. Sounds like they want to half arse brush it under the table. Equally so, agree a number between you and OH, and thats when you call it quits - don't make it a personal quest. Its now just 'business' that needs managing unfortunately.

Jasandjules

69,869 posts

229 months

Saturday 13th April 2019
quotequote all
lenny007 said:
I suppose legal advice at this point is more for our benefit than anything else.
Sounds like you have it in hand, at least as much as can be at this stage.

WhatHappenedThere

268 posts

61 months

Saturday 13th April 2019
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And it is worth ringing the house insurance to check on the cover / legal advice.

Until (If?) the tribunal is logged, you will only get support.

After that, they will cover the legal bills. You should also be able to pick and choose who you use for that.
I was pointed towards a Barrister that works without instruction, and the bills were all covered.

FTW

lenny007

Original Poster:

1,338 posts

221 months

Saturday 13th April 2019
quotequote all
WhatHappenedThere said:
And it is worth ringing the house insurance to check on the cover / legal advice.

Until (If?) the tribunal is logged, you will only get support.

After that, they will cover the legal bills. You should also be able to pick and choose who you use for that.
I was pointed towards a Barrister that works without instruction, and the bills were all covered.

FTW
I'll be honest, we checked all our insurances - home, car and bank account - before getting too far into this. Whilst we hope to goodness to avoid needing legal representation, it's nice to know we've got some element of cover should it need to go that far.

WhatHappenedThere

268 posts

61 months

Sunday 14th April 2019
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It’s also useful for the firm to know that ‘spending money pursuing this is not a problem as it’s all covered by insurance’
aka - not looking to be bullied or blink first.

Taylor James

3,111 posts

61 months

Sunday 14th April 2019
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OP I would advise you to have a good think about whether you and your wife want to go through all the hassle and stress involved in continuing with this matter, with no guarantee you will get the outcome you want.

Any mistakes are history, you are where you are and in the same way the employer wants this to go away I would encourage you to adopt the same mind set. Fix on an acceptable financial range that you will settle in and go from there. Deciding you want £X and not a penny less is unlikely to work.

lenny007

Original Poster:

1,338 posts

221 months

Sunday 14th April 2019
quotequote all
Taylor James said:
OP I would advise you to have a good think about whether you and your wife want to go through all the hassle and stress involved in continuing with this matter, with no guarantee you will get the outcome you want.

Any mistakes are history, you are where you are and in the same way the employer wants this to go away I would encourage you to adopt the same mind set. Fix on an acceptable financial range that you will settle in and go from there. Deciding you want £X and not a penny less is unlikely to work.
I'll be honest with you, it would be a completely different situation if she was still working for them. As it stands, it's just a process now and there is no stress on our part. No doubt it will be moving closer to a potential tribunal but we'll cross that bridge when we get to it.

We're also not sitting her thinking "it's £X or nothing". We're realistic about this and have thought about a) what we could get IF it went to tribunal b) what it could cost TO go to tribunal and c) what would we accept as a reasonable offer. I hope we get an offer to satisfy c) but what will be will be.

lenny007

Original Poster:

1,338 posts

221 months

Tuesday 23rd April 2019
quotequote all
Small update - we received a mail from the HR person on Thursday to state that we'd have the findings of the grievance this week sometime.

Small steps forward - but i bet that the investigation will find no evidence of any of our grievances being upheld...

FocusRS3

3,411 posts

91 months

Tuesday 23rd April 2019
quotequote all
lenny007 said:
Small update - we received a mail from the HR person on Thursday to state that we'd have the findings of the grievance this week sometime.

Small steps forward - but i bet that the investigation will find no evidence of any of our grievances being upheld...
Of course not they will have looked to find excuses for their actions. They are never going to admit anything or they'd might as well write you the cheque now.

Get ready to launch the ET hearing