Settlement agreement 0- Urgent response required

[jo2079]

Hi all
I have been with my employer for 14 years but off on long term sick leave since February 2019 for mental health and also physical health reasons and intermittent sick leave June-December 2018 (Majority of which was sick leave for mental health).
Last year I advised my employer my GP had advised I was unable to return to my original role and on that basis, asked what the other options were. To which the reply was none.
I didn't want to resign as I would only receive one week's notice and I wanted them to dismiss me based on the grounds of medical capability. This has dragged on for a long time and we are finally at the point of negotiating settlement terms.
They have offered £5k and £7k but I want c£15k which is in line with statutory minimum entitlement and nothing more.
They are also threatening me with gross misconduct for not reporting my drink driving conviction which happened whilst I was off work but this isn't even listed in my contract as a gross misconduct and I was never required to use a car in my whole 14 years service.
Also, they are saying gross misconduct for failure to return company documents which was for a DBS check which I knew they wanted because they had gotten wind of my DDI and obviously wanteto use this against me. I never completed a DBS form when I joined and it is not mentioned in our contract as something which is required.
All I want is my statutory entitlement. I have no wish to take them to tribunal.
Please can someone help me with drafting a response to the letter (attached)?

[ULA]

Sorry I have a few questions before I can provide more assistance:

Having read the letter the offer was only open until 28 October it is now 5 Nov, has there been any contact from the company or their solicitors? What was the date of this letter?

How have you calculated what you believe to be your statutory entitlement?

If you have your original contract of employment from 14 years ago was a DBS check a requirement?

Is it correct you have not provided a fitness to work note since the date given in the letter?

Did the company offer to arrange for you to attend Occupational Health in regard to mental health issues?

[jo2079]

I have been in contact by email and an extension was agreed.
My figure is based on the statutory annual leave entitlement for last year and this year to date plus for the current tax year 5 days sick pay and then 12 weeks notice for the 14 years service. This is all on the HMRC website and also ACaS gave me the same information.
There is no mention of a DBS check in my contract and not reporting a DDI is not listed as a reason for gross misconduct. I never even used my car for my work in all the years I was employed.
I have provided them with a current sick note last week.
The reason for not returning the DBS form was because I knew that they had someone found out about the DDI which they wanted to use as a loophole.
Also, the reason I was late returning other sick notes etc was again sympomatic of my mental health issues and struggling with dates, deadlines etc.
The company has made no attempt to access any medical records or conduct any kind of assessment and there isn't an Occupational Health department.

[ULA]

What you need to do is acknowledge receipt of the letter and the email correspondence confirming an extension to the time.

You then need to go through each point that they have set out and defend your position eg. on the DBS check state that there was never any mention that your employment was subject to a DBS check according to your contract or offer of employment and if so it should have been done at the time of your employment 14 years ago. Ask for evidence as to which company policy requires you to inform the company of a drink driving conviction if driving a company vehicle is not part of your job etc. The issue of the sick notes can be covered with what you have posted in #3.

Then you need to set our the detailed calulcation of what you believe you are owed if the company wants to terminate your employment.

Happy to review any draft that you prepare before you send it off. What is the new deadline you have been given because I would suggest you really should adhere to this?

[jo2079]

Thank you for your help. It's just so difficult dealing with my anxiety issues as it is and then I my employer breathing down my neck like this. At the end of the day I'm on long term sick leave for mental health issues and they're making it far worse.

[ULA]

We will try and help. Just try having been given an extension of time to get a response back to them and as I said happy to review any draft that you prepare before sending to them.

[jo2079]

We will try and help. Just try having been given an extension of time to get a response back to them and as I said happy to review any draft that you prepare before sending to them.

I have an extension until close of business Monday 9th November. I am drafting my response now and will send it to you afterwards. How do I get a copy over to you?

[ULA]

You can eiher upload to a post on this thread or PM it to me but as part of the volunteer community here and doing a full time job not sure that I can get back to you before close of business today Will do my best!

[jo2079]

I was delayed myself as I've been at hospital for most of the day. I'll PM it to you. Am I OK to leave company names in etc?

[ULA]

If you PM it to me then yes that is ok but if you post it here you need to anonymise it.

[jo2079]

If you PM it to me then yes that is ok but if you post it here you need to anonymise it.

Hi, I was against the clock when I finally finished my letter so I didn't have time to send it to you. Your advice definitely helped though and i received an increased offer. I will PM the letter to you to gauge your thoughts if that's ok?
Thank you