Compromise agreement
Discussion
Was called into the office today and was told that my employment was ending there and then!and i was being offered a no compromise agreement.
Brief bit of history was injured at work in September and its still ongoing(i am waiting for an operation on my knee that was injured)my manager has been a complete arse since this has happened even as far as getting a written warning for timekeeping and turning other staff against me by telling porkies behind my back,and refusing me time off for hospital appointments.
My manner has been abit abrupt to him at times recently but the way i have been treated lately he should not of been surprised!
My questions are on the agreement they have given me there is no comeback on them regarding the injury,i have an appointment with an employment lawyer on Monday as they have told me to which they will pay for,can this part of the agreement be re negotiated or can they be asked to give more in the settlement to take the knee into account as am not able to work fully until the op which i'm still waiting on a date for
Brief bit of history was injured at work in September and its still ongoing(i am waiting for an operation on my knee that was injured)my manager has been a complete arse since this has happened even as far as getting a written warning for timekeeping and turning other staff against me by telling porkies behind my back,and refusing me time off for hospital appointments.
My manner has been abit abrupt to him at times recently but the way i have been treated lately he should not of been surprised!
My questions are on the agreement they have given me there is no comeback on them regarding the injury,i have an appointment with an employment lawyer on Monday as they have told me to which they will pay for,can this part of the agreement be re negotiated or can they be asked to give more in the settlement to take the knee into account as am not able to work fully until the op which i'm still waiting on a date for
Is a "no compromise agreement" something exclusive to Northern Ireland and Palestine? You mean a Compromise Agreement, which is a statutory requirement for settling certain types of employment claims (not including personal injury claims, although any type of claim can be included in an agreement).
The lawyer should advise you, and is insured to do so, so rely on his or her advice, not what people say here. You don't have to agree anything, and can negotiate on any term offered, but you have to take a view on what's in your overall best interests.
If you wish to make a claim in respect of your injury, then it is for you to assert that. Was the injury caused by your employer's negligence?
If the story is really as you tell it, your employer is potentially acting unlawfully, and you should not sign away any rights unless well compensated for doing so. Talk to your lawyer.
The lawyer should advise you, and is insured to do so, so rely on his or her advice, not what people say here. You don't have to agree anything, and can negotiate on any term offered, but you have to take a view on what's in your overall best interests.
If you wish to make a claim in respect of your injury, then it is for you to assert that. Was the injury caused by your employer's negligence?
If the story is really as you tell it, your employer is potentially acting unlawfully, and you should not sign away any rights unless well compensated for doing so. Talk to your lawyer.
Edited by anonymous-user on Friday 4th January 22:08
You need to look at how much you could potentially win at Tribunal (bear in mind the litigation risk and the costs to trial as well i.e. how much would it cost to pay a lawyer for a meeting to write the ET just to lodge the claim, then a Case Management Hearing just to get the claim going properly, then a full hearing, medical evidence etc unless you are willing to run the case yourself) and always, always bear in mind the additional stress and hassle that you will have to go through. Not to mention the litigation risk, which is a nice way of saying that even if the law is in your favour judges sometimes just do something totally random, and as wrong as that may be, it is most difficult to correct on Appeal.
Then take such things as how much time off you will need and the loss of money to recover into consideration and see if the amount offered in the compromise agreement is enough for you (and bear in mind the realistic value of any claim).
Did you employer do something negligent to cause your injury?
Your lawyer will be able to advise after you've gone through the situation with them and they will need to sign the compromise agreement as well as you. They should be able to identify each claim you might have and a rough guide to the value.
Then take such things as how much time off you will need and the loss of money to recover into consideration and see if the amount offered in the compromise agreement is enough for you (and bear in mind the realistic value of any claim).
Did you employer do something negligent to cause your injury?
Your lawyer will be able to advise after you've gone through the situation with them and they will need to sign the compromise agreement as well as you. They should be able to identify each claim you might have and a rough guide to the value.
I agree. I add that it is quite commonplace for an employer to offer to fund legal advice for an employee (up to a modest limit, usually around £500) in connection with a compromise agreement. The lawyer's involvement may be simple rubber stamping if the agreement is a sensible one, but, in your situation, OP you will need to make full use of the lawyer time funded by the employer, and may have to be prepared to dig into your own pocket for additional advice. The lawyer may be paid by the employer, but he or she acts for you, and should advise you if the agreement offered is not a fair compromise.
You need an employer that is proficient in the law and practice relating to unfair dismissal and to work related personal injuries. I would be wary of any lawyer advertising as a specialist in compromise agreements, as such a lawyer may be intent on offering a minimal effort rubber stamping exercise. Any competent employment lawyer can advise you on a compromise agreement, but before you settle you need, as pointed out above, an appraisal of the nature and strength of any claims you might have, and an assessment of the costs, risks and hassle involved in pursuing them.
I can possibly recommend a solicitor if you indicate whereabouts you are located.
I can possibly recommend a solicitor if you indicate whereabouts you are located.
The employer is not legally obliged to fund legal advice for the employee, but the employer often does so. A compromise agreement is only valid if the employee has obtained legal advice on it (there are various other requirements, but I summarise) . This is why employers often offer a limited sum for advice. The going rate used to be £500, but £750 is not uncommon nowadays. £300 is a bit stingy. It will buy anything from thirty minutes to about three hours of work depending on which lawyer you choose.
I didn't mention that. I am not altogether convinced of the value of agreed references, because they tend to have "agreed reference" written all over them in that special invisible ink which any prospective employer can read. There may be no harm in asking for one, but I wouldn't make refusal a deal breaker.
I went through a similar process of receiving a CA 4 years ago. A couple of quick points:
- My employer offered £300+vat legal expenses. My lawyer negotiated this up to (iirc) £600ish which covered her time and expenses.
- My lawyer specifically asked for the clause to be removed that stated I had no claim for personal injury after leaving. Mine was an office job the advice I got was that medical expenses can be huge if something work-related develops at a later date.
- I simply googled for Employement Lawyer and called the company that appears second in the current list of results (Thomas Mansfield) and was more than happy with their service.
- My CM was originally for an amount that would have been similar to a redundancy payment for me at the time. We negotiated and got it increased at the first request by 25%. I settled on this as I was lucky enough to secure another job within 3 days.
- A colleague of mine in the same position but with insurance against redundancy held out and settled on (iirc) 90% of a year's salary.
Worst thing for me was literally being escorted from the building with no chance to say goodbye to colleagues (many of who were/are good friends. I was also the first of around a dozen to go that day, so had no idea if it was personal or not!
Good luck with it.
- My employer offered £300+vat legal expenses. My lawyer negotiated this up to (iirc) £600ish which covered her time and expenses.
- My lawyer specifically asked for the clause to be removed that stated I had no claim for personal injury after leaving. Mine was an office job the advice I got was that medical expenses can be huge if something work-related develops at a later date.
- I simply googled for Employement Lawyer and called the company that appears second in the current list of results (Thomas Mansfield) and was more than happy with their service.
- My CM was originally for an amount that would have been similar to a redundancy payment for me at the time. We negotiated and got it increased at the first request by 25%. I settled on this as I was lucky enough to secure another job within 3 days.
- A colleague of mine in the same position but with insurance against redundancy held out and settled on (iirc) 90% of a year's salary.
Worst thing for me was literally being escorted from the building with no chance to say goodbye to colleagues (many of who were/are good friends. I was also the first of around a dozen to go that day, so had no idea if it was personal or not!
Good luck with it.
Breadvan72 said:
I didn't mention that. I am not altogether convinced of the value of agreed references, because they tend to have "agreed reference" written all over them in that special invisible ink which any prospective employer can read. There may be no harm in asking for one, but I wouldn't make refusal a deal breaker.
From my point of view, knowing exactly what my former employer is going to say about me makes it a lot easier to explain the end of employment at interviews.davepoth said:
Breadvan72 said:
I didn't mention that. I am not altogether convinced of the value of agreed references, because they tend to have "agreed reference" written all over them in that special invisible ink which any prospective employer can read. There may be no harm in asking for one, but I wouldn't make refusal a deal breaker.
From my point of view, knowing exactly what my former employer is going to say about me makes it a lot easier to explain the end of employment at interviews.From my point of view, the agreed reference was simply the one HR would send ("Wiggy001 worked here between xx/xx/xxxx and xx/xx/xxxx in a position of xxxxx..."), so it's not much use in explaining your competence anyway. So much better to have that in writing before leaving imho.
Saying that, I found work within a few days through someone I used to work with and didn't have an interview as such so the reference was never required.
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