Settlement Agreement

[VespaItalia]

Hello Everyone, I have just found this site after a recomendation from a friend, I hope someone can assist as I am quite concerned about the situation my husband is in at work. He has worked at this company for the best part of 15 years and the job means a lot to him, he and his colleagues are ex-forces and share a lot of common ground. Over that time he has had a lot of problems with management, he was workforce rep for maybe half that time which has coloured their view of him. He was refused promotion after many attempts (last one 2024) and was evetually told the reason was due to him raising a safety concern several years ago even though the company is very safety conscious, and the fact he has to accompany me sometimes to scheduled medical appointments and a few other spurious grounds which none of them skills or performance related. He pursued this through the companys internal procedures to tribunal (still in wating). His union claims a good chance of a win or they would not have funded it.

There has been a few months of negotiations and he has agreed in principle to withdraw the claim and end his employment for a termination payment. Forms are waiting to be signed and due end of next week. He doesn't really want to leave and has drove a hard bargain with the payment, but is really apprehensive about the repercussions both from his employer and his legal council if he withdraws now and keeps his job while waiting for the tribunal. It;s a high safety job and they are quite heavily surveilled by managers, so they could probably ''find'' ways to get rid even though he is conscientious. At his age the job prospects where we live are not great and hen wouldn't get one with similar terms. Personally I am worried about the stress and health risk he could be under if he goes back, he laughs it off but is not as together as the impression he gives out. He has been off this week while the solicitors talk but they will want him outby the end of next week if he goes for it.
I can understand his solicitor's frustration with the to-ing and fro-ing but he feels he is being forced out but has no other option. The payment sounds ok but would burn itself out in the poor wages around here. If he manages to hold on he has another couple of years left as they kick them out at a certain age (they have a legal excemption), but can apply to be extended, most of the people who have requested extentions have been granted.
How critical is the situation? They will be mega annoyed with him if he gives backword at this stage. Really sorry for the long post! Thanks for any advice

[VespaItalia]

Anyone?

[ULA]

VespaItalia just to let you know we are a volunteer community and therefore not always online to respond quickly.

I have read your post several times and I am not sure what you are asking.

It would appear your husband has an ET claim against his current employer, however negotiations are currently ongoing regarding a settlement agreement to terminate his employment and withdraw his claim. However he is thinking to not sign the agreement, continue with his employment and remain in his job.

Am I correct?

[VespaItalia]

Hi Yes that's right except the negotiations are more or less finished as he has agreed in principle but not signed yet, and what repercussions could he be setting himself up for if he carries on working for them while the tribunal is approaching, given the work relationship is pretty bad to start with.

Please be assured I am really grateful for your time and will be making a donation, thanks again

[ULA]

Given he has a solicitor advising him who has the full knowledge of both the merits of the claim, the possible outcome of the hearing balanced against the settlement being offered, I am not sure what advice we can give.

What specifically does he want to know that he does not feel he can discuss with his solicitor?

[VespaItalia]

Yes, the above has been discussed. What they can't tell him is the possible repercussions of not signing at this stage after everything has been drawn up, and carrying on in the job until the tribunal, eg how his employer might react and what they could do legally or otherwise to force him out. I am not sure if this is within the solicitors remit or if they cant discuss because of professional reasons or protocol, so I asked on this site in case I could draw on anybody's experiences or that they might be able to comment on where his own solicitor can't. Personally I am more concerned about what they might have in store for him should he carry on there which the solicitor can't answer, and the possible effect on his health

[ULA]

In ET claims, the parties do have a joint responsibility to see if the matter can be settled, in order to avoid a final hearing.

For your husband I think the biggest question for him to answer is, after all he has been through with his employer, win or lose the ET claim does he really still want to work there and balance this against the settlement payment being offered. Remember for him if he does not settle and then goes on to lose or win the claim he still has to work there each day.

If you are concerned about reprisals by your husband's employer if he does not settle and continues to work there, then there is the usual protection against victimisation and harassment. Also, any procedure to termination his employment at a later date would need to follow a proper fair and reasonable process. However, I do not think anyone could know or answer as to what his employer may do if he does not settle and continues working there.

[Frank1]

Work stress can be a major issue causing poor health such as high blood pressure, anxiety, insomnia etc.
Declining the agreed financial offer which legal bods have taken a few months to negotiate and returning to work would be very stressful for most employees.
You stated you are concerned about your husband finding alternative employment. Does he feel the same? Will he get the full state pension when he is 67?
You also think he will miss his work colleagues. Isn't it better to socialise with colleagues outside of work hours? The first step could be a leaving drink at the pub at which time future arrangements could be made to meet up again

[VespaItalia]

Thank you both for your replies, it is much appreciated. It's reassuring to know there is a degree of protection from reprisals, work stress is definitely a worry though, yes it is him.more than me who is concerned about his next job, he will get work but it will likely be of a poorer quality due to where we live, his present job is quite specialized and wouldnt be available elsewhere. Many thanks for your support.