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Constructive dismissal/Compromise agreement

Discussion in 'Personal' started by neli, Sep 15, 2011.

  1. neli

    neli Occasional commenter

    My HT is pushing me out and the Union have advised going for a
    compromise agreement. ACAS on the other hand, suggest I file a bullying
    charge and go for constructive dismisal. I have no clue who to listen to
    and wondered if anyone had any advice.

    Have also posted on Workplace Dilemas but I thought some of you lovely folk might be able to help x
    Thanks in advance
     
  2. neli

    neli Occasional commenter

    My HT is pushing me out and the Union have advised going for a
    compromise agreement. ACAS on the other hand, suggest I file a bullying
    charge and go for constructive dismisal. I have no clue who to listen to
    and wondered if anyone had any advice.

    Have also posted on Workplace Dilemas but I thought some of you lovely folk might be able to help x
    Thanks in advance
     
  3. doomzebra

    doomzebra Occasional commenter

    There is no advice anyone on here can give that will be worth the square-root of diddly squat without knowing the full details of your case.
    I went for compromise agreement and it was the right thing for me in the circumstances of my case but that is pretty meaningless for your case
     
  4. Sorry to hear this Neli.
    Think long and hard, the compromise agreement could be the better option financially, and in terms of future employment.
    Having said that the ACAS route would be mine, the b.stard would not be getting away with it if I could possibly help it. Could work out financially, would probaly impact negatively on future employment prospects.
    Have you the strength for what could be a long hard fight? Is your evidence sound?
    God luck whichever route you take.

     
  5. As Doom has said, every situation is different so advice is hard to give.
    ACAS did *** all with my OHs dismissal case from work.
     
  6. neli

    neli Occasional commenter

    Thanks to you both, I think I need to think a bit more.
    At least I know one thing, I am getting out of what have been the worst 5 years of my life and the relief is immense [​IMG]
     
  7. neli

    neli Occasional commenter

    Sorry Flipflop, didn't see you there.
    You all may not think you are giving advice but YOU are helping me to make my mind up x
     
  8. Torey

    Torey Occasional commenter

    Go see an employment solicitor. It depends on how much written evidence you have (not just diaries of what happened) to prove your case. Also can you manage financially if the worst happens and you lose?
     
  9. bombaysapphire

    bombaysapphire Star commenter

    The compromise agreement would involve less fighting but wouldn't allow you to stick to to the buggers to the same extent.
    If you just want to get out then go for the compromise agreement. The Union will negotiate you a reference as part of the process.
    If you are confident that you are in the right and want to go out having taught them a lesson then the constructive dismissal will suit better. I don't know if you will get a reference sorted out if you take that route.
     
  10. neli

    neli Occasional commenter

    If I do the comprmise bombay, I will get a reasonable ref from the HT. If I go for the constructive dismisal and win she will be disregarded and I will get an excellent ref from the previous HT. If I lose, I will get no reference from the current HTwhich will be taken into account but an excellent ref from the previous HT which may not.
    It's a tricky one!
     
  11. Andy_91

    Andy_91 New commenter

    Constructive dismissal is hard to establish sometimes. Depends entirely on your financial situation and mental toughness.
    If some vengeance is desirable or your self-esteem needs it, then a two day tribunal might satisfy you in that it is going to cost the Head c £25K in legal costs + anything paid to you, assuming you win.
    The tribunal chait though would want to ask whether a settlement is possible when you get there, and often the settlement will be after the first session on Day 1. In a sense the compromise offer, is probably the same as the first offer you'd be made pre-tribunal. Is it enough? Or can you bargain it up a bit based on the legal fees they'd be avoiding. Whatever they have offered there's at least £5K of legal costs they're saving by not having to instruct solicitors and barristers to step through the tribunal door.
     
  12. Andy_91

    Andy_91 New commenter

    Presumably the compromise agreement would come with a gagging clause. The freedom to bad-mouth the Head might be worth the risk.
     
  13. neli

    neli Occasional commenter

    Now, that's confused me again Andy!
    Just rang my previoos HT and she said to go with the constructive dismissal but then told me to hold back and see what they offer on the compromise. Think it will be down to that really.
    Neli
     
  14. Andy_91

    Andy_91 New commenter

    Extracting maximum money does show on the balance sheet and the Head will have to justify to the governors.
    I would ask for the equivalent of statutory redundancy + 3 months packaged as redundancy and therefore tax free. The Head should pay the costs of an employment lawyer to check the agreement as well.
     
  15. neli

    neli Occasional commenter

    Great addvice Andy, thanks!
    The union have said they will offer me 2 to 3 months pay, knowing my HT it will be the lessser of the 2 so it's good to know I can ask for more.
    Sorry for being dozy, never been through this before, what does statutory redundancy amount to roughly?
     
  16. Andy_91

    Andy_91 New commenter

  17. Richie Millions

    Richie Millions New commenter

    The truth is if it gets to this point there are no winners. It is as others rightly have advised just a case of weighing up the alternatives and judging what is the best for you at this time. I would however advise to lose any idea of vengeful thoughts. Once it is settled let it go and enjoy your life. Don't let it continue to mar the next few years. Good luck x
     
  18. moonpenny

    moonpenny New commenter

    Sorry to hear this - Richie is right. I think the best revenge is to move on and find something much better to do! (after you have got the money you are entitled to, of course)
    Good luck from me too..
     
  19. Two things, though. Firstly, if you get a CA, you only have one work place reference, while most jobs and agencies require two.
    Secondly, I was made redundant at Easter and I have not yet received all my last month's pay or my redundancy money. The NAS phoned me yesterday, saying that they could not do any more to get the school to pay up, as their letters were ignored. The suggested legal action was necessary, which they could arrange, but I would have to fund it myself. Do not expect much help from Unions.
     
  20. I went with a compromise agreement as I didn't have the strength in me to battle any more. Essentially I got what Andy suggested to you. Thankfully my union (UCU as I'm in FE) were brilliant. And I've had no problems getting other jobs.
     

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