Settlement offer

[barty9]

I have verbally agreed to a settlement offer through ACAS with my previous employer subject to seeing the paperwork which has now since changed to include a significant new clause - is this now the time to increase the settlement offer from my side due to the new terms they wish to impose?

What I don’t want to do is have the settlement offer completely withdrawn but equally can’t have the goal posts change to effectively buy my silence.

[atticus]

If the new term is confidentiality, then say it will cost more. I have tried that a few times, sometimes it works.

[barty9]

It is complete confidentiality surrounding the mess they have created :-)

[ULA]

I presume this is a COT3 you are been asked to agree to?

In my experience when these are drawn up, particularly of the respondent is represented then a confidentiality clause restriciting the claimant from discussing the matter publicly and even a derogatory statement clause preventing the claimant from making negative remarks about the respondent are pretty standard and ones that should be expected.

Was there no mention made in regard to confidentiality in the negotiations?

In the grand scheme of things how much of an issue for you is it?

[barty9]

Correct to the COT3 - the confidentiality surrounds another employee case which I suspect has a greater financial implication in terms of a settlement if it reaches employment tribunal. I have checked and I wouldn’t be classed as whistleblower so they are attempting to silence my potential witness statement. The thing I don’t like as it has just recently been mentioned and it wasn’t part of the original agreement.

[ULA]

Yes, if there is any possibilty you could be called as witness by the other employee in their claim if it gets a hearing, then the company is looking after its interests in including this this clause.

THis is about your interests in settling the claim. If the offer you have been made is fair an reasonable for the claim you are making and taking into account the avoidance of any further stress, delay in proceedings and a potential decision against you, then as I said in the grand scheme how much does it matter to you if that clasuse is in there, other than you were not expecting it.

[barty9]

Thanks ULA. It’s likely that I will be called up as a witness and I also like the freedom to provide my side of the situation should the need arise. However, I will agree on the extra condition after they up the offer on the settlement.