Compensation Offer following grievance at work

Compensation Offer following grievance at work

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lenny007

Original Poster:

1,338 posts

221 months

Tuesday 23rd April 2019
quotequote all
FocusRS3 said:
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
Without being too paranoid, there is a history of, shall we say, retrospective documentation appearing from said company to cover various "ahem" transgressions.

Will be interesting to see how they get a copy of my wife's signature though!

Once we've seen the findings (and appealed against them most likely), we'll notify ACAS of our intentions. Would imagine that will be next week at the earliest.

petemurphy

10,121 posts

183 months

Tuesday 23rd April 2019
quotequote all
dont forget the first 30k should be tax free i believe - not sure its been mentioned just scanning through

FocusRS3

3,411 posts

91 months

Tuesday 23rd April 2019
quotequote all
lenny007 said:
Without being too paranoid, there is a history of, shall we say, retrospective documentation appearing from said company to cover various "ahem" transgressions.

Will be interesting to see how they get a copy of my wife's signature though!

Once we've seen the findings (and appealed against them most likely), we'll notify ACAS of our intentions. Would imagine that will be next week at the earliest.
The process is slow dealing with ACAS so best to launch and then leave with solicitors .

Payment is severance and not refinancy so therefore taxed in the normal way

petemurphy

10,121 posts

183 months

Tuesday 23rd April 2019
quotequote all
FocusRS3 said:
The process is slow dealing with ACAS so best to launch and then leave with solicitors .

Payment is severance and not refinancy so therefore taxed in the normal way
isnt he after compensation hence tax free?

https://www.ms-solicitors.co.uk/employee/settlemen...

FocusRS3

3,411 posts

91 months

Tuesday 23rd April 2019
quotequote all
petemurphy said:
isnt he after compensation hence tax free?

https://www.ms-solicitors.co.uk/employee/settlemen...
I asked the same questions and for me it didn’t count and the firm I sued wasn’t prepared to class it as redundancy. No shocks they wasn’t prepared to do me any favours .

I guess there are variables so hopefully he qualifies

petemurphy

10,121 posts

183 months

Tuesday 23rd April 2019
quotequote all
FocusRS3 said:
I asked the same questions and for me it didn’t count and the firm I sued wasn’t prepared to class it as redundancy. No shocks they wasn’t prepared to do me any favours .

I guess there are variables so hopefully he qualifies
doesnt need to be redundancy i believe - its any settlement agreement - know as a chum has gone through something similar but am no lawyer - def worth asking the question in this case!

FocusRS3

3,411 posts

91 months

Tuesday 23rd April 2019
quotequote all
petemurphy said:
doesnt need to be redundancy i believe - its any settlement agreement - know as a chum has gone through something similar but am no lawyer - def worth asking the question in this case!
Mine was also a settlement agreement so I’ll go back and ask the question of HMRC although I did get an accountant to sort it out for me.

Maybe it’s wtill worth asking the question . Many Tks

lenny007

Original Poster:

1,338 posts

221 months

Tuesday 23rd April 2019
quotequote all
Evening all.

To be honest, it's part reparation of monies "owed" and part compensation.

Any payment of bonus' owed due to acts of omission by the company would, i believe, by their nature be taxable. So would loss of contractual benefits.

Compensation for WRS or sexual discrimination or loss of statutory rights would be non-taxable, as i understand it.

Anyway, moving on. The solicitor finally called my wife today. She cancelled the meeting last week as she was called into a phone call with a judge regarding a case - these things happen.

Today on the phone, she was, as my wife described it, next to useless. We learnt nothing new and were given no guidance other than "it's up to you". Helpful.

The feeling now is that the clock is being ran down so my wife has e-mailed the HR bod and asked for the findings asap, with a not so gentle reminder that we have been reasonable time wise thus far but that reasonableness has pretty much reached an end.

We'll see what the response is soon enough.

FocusRS3

3,411 posts

91 months

Tuesday 23rd April 2019
quotequote all
lenny007 said:
Evening all.

To be honest, it's part reparation of monies "owed" and part compensation.

Any payment of bonus' owed due to acts of omission by the company would, i believe, by their nature be taxable. So would loss of contractual benefits.

Compensation for WRS or sexual discrimination or loss of statutory rights would be non-taxable, as i understand it.

Anyway, moving on. The solicitor finally called my wife today. She cancelled the meeting last week as she was called into a phone call with a judge regarding a case - these things happen.

Today on the phone, she was, as my wife described it, next to useless. We learnt nothing new and were given no guidance other than "it's up to you". Helpful.

The feeling now is that the clock is being ran down so my wife has e-mailed the HR bod and asked for the findings asap, with a not so gentle reminder that we have been reasonable time wise thus far but that reasonableness has pretty much reached an end.

We'll see what the response is soon enough.
They will kick the can around , it's in their interest for you to get bored and go away .

If you have already lost faith in your solicitor then that speaks volumes . My solicitor tide them in knots so you need to get a Rottweiler on the case.

I've said it before about sending me a PM and still happy to speak in person .

The balls in your court

WhatHappenedThere

268 posts

61 months

Tuesday 23rd April 2019
quotequote all
FocusRS3 said:
They will kick the can around , it's in their interest for you to get bored and go away .

If you have already lost faith in your solicitor then that speaks volumes . My solicitor tide them in knots so you need to get a Rottweiler on the case.

I've said it before about sending me a PM and still happy to speak in person .

The balls in your court
Agree and offer the same.
Bumped in to an old pal on the high Street today - going through an ousting exercise and getting all knotted up and now putting in stress sick in perpetuality - a mistake in my opinion.

Be the bigger guy, take the passion out of it- this is whether one likes it or not, simply business. The game for want of a better word, is to think ahead. lay some trapdoors. WRITE EVERYTHING DOWN. They need this to go away. Don't have the detail and attention you do.

Are you in a rush to make it go away ?

As I said erlier - fire in a SAR, stating they have 30 days to answer.
day 29 of silence throw in the point that you intend to report them to the ICO.

Ball is in your court. They are now panicing to answer etc.

They'll take it all the way as they'll likely have legal on a retainer. Youve got to be prepared to to.

It'll be settled on the court steps, or in a judicial mediation.

I am not a lawyer either - but learnt a lot. And better for it.

petemurphy

10,121 posts

183 months

Wednesday 24th April 2019
quotequote all
FocusRS3 said:
They will kick the can around , it's in their interest for you to get bored and go away .

If you have already lost faith in your solicitor then that speaks volumes . My solicitor tide them in knots so you need to get a Rottweiler on the case.

I've said it before about sending me a PM and still happy to speak in person .

The balls in your court
this - my chum went through a few solicitors before finding one that actually attacked

Edited by petemurphy on Wednesday 24th April 07:26

petemurphy

10,121 posts

183 months

Wednesday 24th April 2019
quotequote all
and do this theres no reason not to and at the very least you can piss them off and cause them some st:

"As I said erlier - fire in a SAR, stating they have 30 days to answer.
day 29 of silence throw in the point that you intend to report them to the ICO. "

petemurphy

10,121 posts

183 months

Wednesday 24th April 2019
quotequote all
oh and if you go to any meetings use the app "otter" to record them could be invaluable. also "tape my call" app for when you ring them

FocusRS3

3,411 posts

91 months

Wednesday 24th April 2019
quotequote all
petemurphy said:
oh and if you go to any meetings use the app "otter" to record them could be invaluable. also "tape my call" app for when you ring them
I did exactly this too

petemurphy

10,121 posts

183 months

Wednesday 24th April 2019
quotequote all
FocusRS3 said:
I did exactly this too
otter is awesome!

Sa Calobra

37,125 posts

211 months

Wednesday 24th April 2019
quotequote all
Taking this back to basics.

The time scale that they gave for a decision speaks volumes; pressurising.

Pretty poor. Take your time. Any timescale that they offer is rubbish. With you in control they'll go from their current attitude to accepting and willing to do a deal.

Sa Calobra

37,125 posts

211 months

Wednesday 24th April 2019
quotequote all
Taking this back to basics.

The time scale that they gave for a decision speaks volumes; pressurising.

Pretty poor. Take your time. Any timescale that they offer is rubbish. With you in control they'll go from their current attitude to accepting and willing to do a deal.


Edit- my wife worked for (sounds like) Flora flashley head office and her and her boss were heaved out even though my wife was doing very well in her role. She was devasted and it effected her confidence for over two years after. She held out and pushed and the pay out was four times higher. The initial offer was little more than a months salary

WhatHappenedThere

268 posts

61 months

Wednesday 24th April 2019
quotequote all
petemurphy said:
FocusRS3 said:
I did exactly this too
otter is awesome!
<goes off to download and try>

IanA2

2,763 posts

162 months

Wednesday 24th April 2019
quotequote all
petemurphy said:
and do this theres no reason not to and at the very least you can piss them off and cause them some st:

"As I said erlier - fire in a SAR, stating they have 30 days to answer.
day 29 of silence throw in the point that you intend to report them to the ICO. "
Obviously my knowledge of the situation superficial, but it's worth bearing in mind that a legal dispute can muddy the waters in respect of information obtainable by SAR. If proceedings are not yet in train, but are likely to be, then the SAR, if critical, needs timely attention.

IANAL

Jasandjules

69,885 posts

229 months

Wednesday 24th April 2019
quotequote all
1. You MUST use ACAS before lodging an ET claim
2. You SHOULD always appeal the decision even when you all know it is not going to change anything
3. Your lawyer should be as tough or contrite as you instruct them to be
4. There are limited ways in which settlements are tax free and HMRC is continually looking at them. Some careful wording in any agreement should reduce the risk of tax.
5. Have you checked your house insurance for LEI?