ChatterBank1 min ago
Anybody Well Versed With Employment Law/redundancy Here?
6 Answers
I was made redundant in October under dubious circumstances... After some legal advice I signed a compromise agreement.
I have now found that my job position has been filled...
Am I barred from taking legal action due to the compromise agreement or is this a tortious step by the employer ??
I see more legal expenses coming my way ...
Merry Christmas !
I have now found that my job position has been filled...
Am I barred from taking legal action due to the compromise agreement or is this a tortious step by the employer ??
I see more legal expenses coming my way ...
Merry Christmas !
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Perhaps you need to look at the fine detail of your compromise agreement first. Does it include a 'no comebacks' paragraph?
I bet you find that it does.
Bottom line, have you got the payout? And are you confident that taking legal action will lead to you gaining or losing - don't forget to broker in the personal stress it will undoubtedly entail.
I bet you find that it does.
Bottom line, have you got the payout? And are you confident that taking legal action will lead to you gaining or losing - don't forget to broker in the personal stress it will undoubtedly entail.
But what are you after? - your job back?
Compromise Agreements (under which the employer usually stumps up the cost of providing independent legal advice for the employee - that's an ACAS requirement, to ensure your options were properly explained to you) are intended to create a clean break on both sides, for which you will have received some dosh.
Compromise Agreements (under which the employer usually stumps up the cost of providing independent legal advice for the employee - that's an ACAS requirement, to ensure your options were properly explained to you) are intended to create a clean break on both sides, for which you will have received some dosh.
You are not yet outside the 90 day period under under which a claim would have to be lodged at an Employment Tribunal for unfair dismissal, but with very few exceptions a Compromise Agreement is set so that you will have waived your rights to any comeback at ET.
You can ask your legal chappy if you are an exception.
You can ask your legal chappy if you are an exception.
I think you will have done well to get a Compromise Agreement rather than the standard redundancy. If there was something dubious about it not being "true" redundancy then in a sense the employer has admitted that already and offered you the settlement you have.
That leaves you both free to move on, you to have a good reference and them to replace you. I'm guessing the relationship wasn't a good one but you have the maximum that was due to you I'm afraid.
That leaves you both free to move on, you to have a good reference and them to replace you. I'm guessing the relationship wasn't a good one but you have the maximum that was due to you I'm afraid.
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