Compromise agreement

[UnluckyT]

Hi Guys,
This is my first post, so greetings to all the members here.
I’m going jump straight in with a plea for advice.
1 Ive been racially abused at work.
I was signed off sick,for stress at work for 2 weeks
2 on my return, I attempted to have the matter resolved informally at branch level.
3The abuse continued so I put in an official grievance.
4 Grievance Outcome. They admitted the abuse carried out by the assistant manager. However they suggested I transfer to another branch.
4 grievance appeal. Went immediately to discussing a settlement, this caught me on the hop because I’ve no idea what to ask for, that is my question to anyone who may know. I realise there are several variables.

i hope I haven’t broken any forum etiquette by jumping straight in with a heavy question.

please note I made a claim via ACAS At the same time I put in an official grievance.

thanks in advance for any thoughts
T

[ULA]

Welcome to the forum and sorry it is under such circumstances.

What the company seems to be offering you is a Settlement Agreement (SA) which is a document that set out the terms of what the company is going to pay you as “compensation” for you giving up any rights you have to make a subsequent claim against your employer. In this case, given what you have said, I would anticipate it being to stop you bringing a claim at an Employment Tribunal for discrimination/racial abuse.

If so, then part of the process of signing a SA is that you will be required to take independent legal advice from an employment law specialist. Part of their job is to ensure that the "compensation" being offered is at the correct level given the circumstances and the rights that you are giving up to bring any further claims. If they go not feel you are being offered enough "compensation" then they would have to negotiate with your employer to increase the sum being offered.

Most employment advisers have a standard payment for providing this advice which is between £250 and £500 and is generally the rate that the employer offers to pay. This is usually enough to cover the costs if the SA is straight forward and there is not much back and forth negotiating terms on your behalf.

In your case if your employer is asking for you to sign a Settlement Agreement, I would suggest engaging an employment law advisor and explain the situation, they should also ask for a copy of your contract of employment. They can then best advise as to what you should reasonable expect to receive and negotiate accordingly.

Hope that helps answer you question/s but if there is anything else please just come back to this thread.

[UnluckyT]

Hi ULA, Many thanks for your reply,
Yes my employer has mentioned they will pay £350 for me to get legal advice re signing the agreement.
I had assumed this advice would be restricted/limited to; making me aware of my obligations eg confidentiality and other conditions.
From what you say, I'm wondering if I'd have the option to 'top up' the £350 at my own expense to get advice on whether the amount was fair/appropriate.

To add some details
They are offering 6 months pay, my salary is 21,000
They've admitted the racial abuse by the management and 3 further counts of gross misconduct (at the more serious end of the gross misconduct scale).

I attended a meeting on Tuesday 15/09/20 and a director of the company made frank admissions (on the record, it was pre- agreed I could audio record the meeting) , that the company was 20 years behind the times in terms of the culture of racial banter. He went on to say that he'd dealt with similar complaints from black people, eastern Europeans, and I was the first Irish. He stated the management team were financially successful therefore they would not be dismissed and I'd be paid off.

I'm attending a meeting tomorrow morning (18/09/20) I want to achieve a fair outcome. I've been through a lot of stress with this and it's had a negative impact on my home life. With the covid situation I'm worrying about my employment prospects, being in my mid fifties doesn't help.

Thanks for taking the time to read this.
T

[ULA]

My experience is that a good solicitor will look through the SA, normally they will ask for a copy of your contract of employment and ask you about the background of events to understand what has gone on. From this they will consider whether what is being offered is adequate compensation for the rights you are giving up and if they do not believe that is the case they will try and negotiate the figure on your behalf.

If your solicitor thinks that the £350 will not cover the cost for example there needs to be a lot of back and forth, again they will try and get your employer to contribute a higher sum but if not then be prepared that you may have to pay the difference.

Clearly the director has admitted there is an issue and it would be worth letting the solicitor know that.