Settlement Agreement

[Stillo]

Good Afternoon

can I please ask for some advice with regards to a settlement agreement.

My Employment is to be terminated today after 25 years on the grounds of ill health, I was last week offered a settlement agreement which I am extremely unhappy with,basically all I am to be offered is what I am contractually entitled to anyway so the only benefit is to my employers who have written in to the agreement that I will not pursue any Tribunal claims

I have not yet signed any agreement and will not be signing any agreement until I have had legal advise and it is at the moment being looked at by my union solicitors but still I have had my employment terminated.

Do I have any grounds for unfair dismissal or anything else related to being dismissed

Regards
stillo

[R0b]

Re: Settlement Agreement

Why have they dismissed you and then offered a settlement agreement, should be the other way around shouldn't it?

dismissal on grounds of ill health could be quite a lengthy process, for example they would need to request sick notes from you and also a medical test possibly to see if you are fit for work. the purpose of the settlement agreement would be to give you a payment and usually containing the clause that no further claims are made, but this is done usually prior to dismissal.

If they fail to go through the hoops they could endanger themselves in a claim for unfair dismissal or discrimination. As your solicitors are looking at it, might be best to wait and hear from them about it, but its common for a clause not to pursue a claim is put in the settlement agreement in favour of the employer.

[Openlaw15]

Re: Settlement Agreement

Why have they dismissed you and then offered a settlement agreement, should be the other way around shouldn't it?

dismissal on grounds of ill health could be quite a lengthy process, for example they would need to request sick notes from you and also a medical test possibly to see if you are fit for work. the purpose of the settlement agreement would be to give you a payment and usually containing the clause that no further claims are made, but this is done usually prior to dismissal.

If they fail to go through the hoops they could endanger themselves in a claim for unfair dismissal or discrimination. As your solicitors are looking at it, might be best to wait and hear from them about it, but its common for a clause not to pursue a claim is put in the settlement agreement in favour of the employer.

It seem the Op has been retired off and paid a lumpsum as well, ie a pension possibly. Is it unfair dismissal owing to his sickness, well the lump sum may cover for the 25 years service, ie some money for each year he worked there. Is it discrimination well if he is deemed to sick to work the employer may well have a genuine right (legitimate aim, ie genuine), and principle of proportionality (ie fair and justified): Equality Act 2010. It just depends on the facts, what the illness is and whether it's reasonable for the employer to discontinue (end) the employment contract.

Any clauses (gagging clauses) are likely unenforceable as they are discriminate especially what is likely against an aged gentleman or female: Equality Act 2010.

[Stillo]

Re: Settlement Agreement

Thanks for the replies

Just to make it perfectly clear my employers have the right to dismiss me and they have followed all the correct procedures, I am covered by Eqa 2010 but that makes no difference, my only concern is that I have had an offer by way of settlement agreement to accept a very insignificant amount of money for the last 25 years service and that money is what I would get regardless of any agreement, I have also been offered an ill health pension which ultimately will be decided by the pension trustees.

My concerns are that today my employment ceases and I have not yet signed any agreement but my employers they have no choice but to retire me due to failing eyesight and it looks like I either accept the money or not

[Openlaw15]

Re: Settlement Agreement

Thanks for the replies

Just to make it perfectly clear my employers have the right to dismiss me and they have followed all the correct procedures, I am covered by Eqa 2010 but that makes no difference, my only concern is that I have had an offer by way of settlement agreement to accept a very insignificant amount of money for the last 25 years service and that money is what I would get regardless of any agreement, I have also been offered an ill health pension which ultimately will be decided by the pension trustees.

My concerns are that today my employment ceases and I have not yet signed any agreement but my employers they have no choice but to retire me due to failing eyesight and it looks like I either accept the money or not

Did the Union tell you this?

[Stillo]

Re: Settlement Agreement

Openlaw 15

No one told me this, I understand that as long as my employers followed all the required steps and they can show they complied with the eqa then they can reasonably terminate my employment, I have to say after a very shaky start with regards to illegal deduction of earnings then Disability Discrimination my now ex employers did eventually start acting reasonably although I think I may have been set up for a fall in the last post they gave me.

I was given a post in February without any personal or physical risk assessment and I could not undertake that role and It caused me stress for which my GP signed me off sick, and consequently lead to my dismissal although I must admit there was no other role I could have undertaken as I am losing my sight

Stillo

- - - Updated - - -

Sorry forgot to mention I was told by my Union I run the risk of losing any settlement if I refuse to sign the agreement and possibly no getting my ill health pension,

Stillo

[Openlaw15]

Re: Settlement Agreement

Openlaw 15

No one told me this, I understand that as long as my employers followed all the required steps and they can show they complied with the eqa then they can reasonably terminate my employment, I have to say after a very shaky start with regards to illegal deduction of earnings then Disability Discrimination my now ex employers did eventually start acting reasonably although I think I may have been set up for a fall in the last post they gave me.

I was given a post in February without any personal or physical risk assessment and I could not undertake that role and It caused me stress for which my GP signed me off sick, and consequently lead to my dismissal although I must admit there was no other role I could have undertaken as I am losing my sight

Stillo

- - - Updated - - -

Sorry forgot to mention I was told by my Union I run the risk of losing any settlement if I refuse to sign the agreement and possibly no getting my ill health pension,

Stillo

Hmm, that seems so unfair

[Stillo]

Re: Settlement Agreement

Hi


I am going to seek expert advise before I sign anything but I have to be careful as my pension is riding on it, I am only 53 years old and I have no chance of earning an income so I will rely on my ill health pension.

I am a little suspicious of the way I have been represented by my Union there has been absolutely no negotiation whatsoever and he has completely rolled over at the very first offer, I have not really gained anything from this compromise agreement but I am to sign away my rights to take it to a tribunal in the future, I'm not very happy about this and it seems that my ex Employers have got away with getting rid of a disabled person without a fight

Stillo

[charitynjw]

Re: Settlement Agreement

Hi


I am going to seek expert advise before I sign anything but I have to be careful as my pension is riding on it, I am only 53 years old and I have no chance of earning an income so I will rely on my ill health pension.

I am a little suspicious of the way I have been represented by my Union there has been absolutely no negotiation whatsoever and he has completely rolled over at the very first offer, I have not really gained anything from this compromise agreement but I am to sign away my rights to take it to a tribunal in the future, I'm not very happy about this and it seems that my ex Employers have got away with getting rid of a disabled person without a fight

Stillo

Hi Stillo

IMHO

From what I've read, although you can waive your statutory employment rights, there are very strict rules in place as to the wording of the settlement agreement & the steps taken preceding it.

If I was in your position, I'd contact ACAS & maybe EHRC.

This may help
https://www.slatergordon.co.uk/media...agreements.pdf

[Stillo]

Re: Settlement Agreement

Good Morning all

Thank you very much for your replies they are extremely welcome and I am eternally grateful,but I have another question I would like to ask, and yes I will take proper legal advise but I'm just starting to stress out right now

As of Today I am officially ill health retired awaiting the outcome of any pension, my question is in the settlement agreement my ex employers state that I will become eligible for an ill health retirement pension on the termination of my employment, now as my employment is terminated and I haven't signed the agreement does that mean that I could not potentially receive my pension, I'm sorry for asking so many questions but I have now become unemployed with no chance of ever becoming employed again and consequently I have lost a very good salary

Regards
Stillo

[Stillo]

Re: Settlement Agreement

Sorry its me again and I have a further question please

I have looked at this settlement agreement again and all it is offering me is what I am contractually entitled to 3 months notice plus outstanding leave and a continuation payment that is part of my terms and conditions, now there is absolutely no ex gratia payment being offered for me to sign away my rights to bring any form of claim against my ex employer, my Union are not much use and the Unions Solicitor has had 3 days to resolve this smatter and I cannot get hold of her to find out what is going on

Do you think it may be wise to take this matter to another solicitor who may offer me better service, I know my Union Solicitors are free but in 30 Days i have no money, which brings me on to my next question

Can my ex employer refuse to pay me what I am contractually entitled to if I don't sign this agreement as at this point I will not sign it

Cheers
Stillo