compromise agrrement

[snowie123]

my wife as worked for a private company for 10 years in admin, out of the blue thursday she was called into the office by managing director and told that she wants her out and to take a compromise agreement without any explanations and was told that if she did not except it , it would be a long drawn out situation where we would eventually be dismissed. she as spoken to the union and advised her to take the money and go, why should she be forced out of the company for not doing anything wrong, for please can some one advise her on what to do as the union can just see the pound signs, and what should she ask for in a compromise agreement if she agrees to it,, as it would be impossible for her to return to work.

[dan_1207]

Re: compromise agrrement

An employer will contribute legal costs to a compromise agreement - they need to evidence that independent legal advice has been taken. This contribution is usually £250.00, so ask what their contribution will be and then speak to an employment lawyer.

[wales01man]

Re: compromise agrrement

If they want her out and this appears to be the case best to get everything she can from them I would sa that after that conversation there is no point in anything else use their money for solicitors advice and get the Union to work for her shes probably paid them enough

[FlamingParrot]

Re: compromise agrrement

Without knowing the terms of the agreement it's difficult to comment.

When I worked in the financial sector it was customary for big banks to get rid of permanent support staff and replace them with "temps", who then went on to stay for years. As that broke all rules of redundancy, they made people 'redundant' offering them big payouts. :wof: That meant they were not dismissed so no need to find grounds for disciplinary action. They payouts were much larger than what one would expect to get either in statutory redundancy pay or as an award for unfair dismissal so when people went to get legal advice, they were basically told to take the money and run. :bolt:

Businesses can't be forced to employ people they don't want, if they want to get rid of them they have to pay one way or other. The alternative would be redundancy or dismissal. She would then have to make a claim and go through a lengthy process to achieve the same goal, i.e. get some money from them, either as a settlement also involving a compromise agreement or an award from the tribunal which could well be a year later. :decision:

[judgemental24]

Re: compromise agrrement

If the money is good enough as settlement and way in excess of normal contractual redundancy terms then as an ex rep i would take the money and run

The reason i say that is who will want to work in an atmosphere where you are constantly reminded everyday you are not wanted

No doubt trivial disciplinary matters will follow and your health will start to suffer

I am not saying it is right, just being practical.

just make sure any compromise agreement has a caveat that an excellent reference is provided

[snowie123]

Re: compromise agrrement

An employer will contribute legal costs to a compromise agreement - they need to evidence that independent legal advice has been taken. This contribution is usually £250.00, so ask what their contribution will be and then speak to an employment lawyer.

thank you for the reply is there a pacific time for a compromise agreement, its all to much of a shock to the wife, this happened thursday and they they want a answer monday morning

[judgemental24]

Re: compromise agrrement

Have they given you the terms yet on any proposed compromise agreement or are they asking for what you want??

Remember it is your employer who has to buy you out of your contract of employment so you are holding all the aces.

Be a hard ar%e

But be reasonable as well

[snowie123]

Re: compromise agrrement

they have not given any terms just the 15k offering, when spoken to hr manager he says you should approach us with what you want out of it, when the union spoke to the hr manager he says there is no
more money on the table. i have a meeting with the union monday to discuss what options are next

Have they given you the terms yet on any proposed compromise agreement or are they asking for what you want??

Remember it is your employer who has to buy you out of your contract of employment so you are holding all the aces.

Be a hard ar%e

But be reasonable as well

[judgemental24]

Re: compromise agrrement

15 k is an insult

how many hours do you do a week

sorry for sticking my nose in but roughly what is your take home pay a month/year

You mention union, what line of work are you in?

[Amethyst]

Re: compromise agrrement

I think the amount she is paid is very relevant here.

Why would she be unable to regain employment ? Is she near retirement age?

[judgemental24]

Re: compromise agrrement

That was my thinking, are protected characteristics and the equality act an issue??

I dd not want to pry to much at this moment

[snowie123]

Re: compromise agrrement

she worked 40 hours per week company administrator for private healthcare for 10 years take home pay approx 1500 per mouth

15 k is an insult

how many hours do you do a week

sorry for sticking my nose in but roughly what is you take home pay a month/year

You mention union, what line of work are you in?

[Amethyst]

Re: compromise agrrement

How old is she? ( approx)

[dan_1207]

Re: compromise agrrement

thank you for the reply is there a pacific time for a compromise agreement, its all to much of a shock to the wife, this happened thursday and they they want a answer monday morning

Not that I'm aware of, but the sooner you get their contribution figure, the sooner you can speak with a lawyer that's the best (and most important) first thing to do. This agreement waives nearly (if not all) rights to bring a claim, so it's very very important.

[judgemental24]

Re: compromise agrrement

Then it looks like they are going on a months wages for every year worked

15 k is quite an insult for a full time worker of 10 years

Does she suffer from any medical conditions

Sorry i have to ask but is she pregnant, have any health issues?