Redundancy - can a compromise agreement be added to this?

  1. #1
    Fizzysweets Fizzysweets is offline Junior Member
    Join Date
    Oct 2010
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default Redundancy - can a compromise agreement be added to this?

    Hello, I hope someone can help or advise, please? I learned today that my role is being made redundant, however, they are looking to create another role for me. I have not long before the deadline for the redundancies is to take place.

    I dont believe the VR are terms are adequate based on my employment history. I have also have a medical condition which was exasperated by bullying (brushed under the carpet) and caused a serious setback for me. There is medical evidence e.g. counselling, medication prescribed, hospital letters, consultant letters etc mentioning my discomfort at work/seriousness of my illness etc.. Most of the paperwork deals with findings of tests, but my conditions exasperation was as a direct result of what I went throough at work. If anyone has been bullied, they will know how bad you can be made feel about yourself, and simply at the time I was not able to stand up for myself - so nothing formal happened, although Hr were present for some meetings etc.. There were broken promises by management, which made me feel worse about myself and it took almost two years to get myself back the confident girl I used to be.

    I would obviously like a more healthier payout - but failing that, I do now feel strong enough to ensure my bully and those who swept things under the carpet are made known officially i.e. put it in writing etc.. I have no closure on the matter and although I am truly over the worst of it, it is difficult to watch these people daily and knowing the distress they caused me, and how much I disliked myself and also the medical implications which were very serious.

    Is it worth laying my cards on the table and saying what actually happened in the department officially if I am being terminated? Would I have a case to request extra money via a compromise agreement on the basis of the evidence I have?

    I am not a bitter person and do not wish to ruin my future employment if heading down this road will do so. I have only days to make my decision, and am hoping someone can give me a little feedback or opinion on this.

    Thank you

  2. #2
    Fizzysweets Fizzysweets is offline Junior Member
    Join Date
    Oct 2010
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    I should add, at the time, I did consult with a lawyer and they said I had a case to make a claim (I am still within the timeframe for this). It is just a route that I was not able for at the time, I was too shaken. I am also reluctant to do so now, because of the implications perhaps. That is why I am asking about a compromise agreement.

  3. #3
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,704
    Thanks
    4
    Thanked 732 Times in 693 Posts

    Default

    You have to separate the two issues. If you are being offered voluntary redundancy then you are being offered it. You can try to renegotiate the package if you wish, but it is unlikley that the employer will be keen to make any changes as these would need to be offered to everyone to ensure that they were safe from claims by other staff of things like potential discrimination.

    As for the alleged bullying, that is another matter. I would be cautious of a lawyer telling you you have a case - especially if there was a propect of them being paid by you. From what you say you have no evidence - feel free to correct me if I am wrong about this, but:

    (1) Medical evidence such as you suggest you have is worthless. It does not in any way prove that bullying or anything else work related happened. It proves only that you have had issues with mental health - and that you allege that this was as a result of bullying at work. It does not prove for one minute that what you said was true, and your medical practitioners cannot prove that it was either.

    (2) Having said that, you cannot prove either the extent to which this alleged bullying has impacted on your over and above any other possible influences and possible causes.

    (3) I am not sure what sort of claim you think you may still have. Tribunals have very strict limits on complaints - and they are the "friendliest" process. If you are talking personal injury claims it could take many years, it will almost certainly be costly - and as I said - the evidence that you appear to think is evidence isn't evidence.


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).


 
Please share us with friends or colleagues!


Similar Threads

  1. Sign Compromise Agreement...or else...
    in EMPLOYEES Ask redundancy questions
  2. Compromise Agreement
    in Employment help and advice for EMPLOYERS
  3. Compromise Agreement Info
    in EMPLOYEES Ask redundancy questions
  4. redundancy / compromise agreement
    in EMPLOYEES Ask redundancy questions

Tags for this Thread

 
Powered by vBulletin® Version 4.1.12
Copyright © 2012 vBulletin Solutions, Inc. All rights reserved.
Content Relevant URLs by vBSEO ©2011, Crawlability, Inc.
©2011 MC Buckingham Limited No Duplication Permitted! vBulletin 4.0 skin by CompletevB.com



vBulletin 4.0 skin by CompletevB