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Settlement agreement due to ill health - any advice??

Discussion in 'Workplace dilemmas' started by Slcoombes2309, Sep 28, 2015.

  1. Slcoombes2309

    Slcoombes2309 New commenter

    Looking at a settlement agreement due to ill health and not feeling able to go back to school, preferably before the school looks at capability. Not sure how much of a financial package should be expected or how to go about it. Been at same school for 24 years, aged 47. Any advice would be gratefully received

  2. GLsghost

    GLsghost Star commenter

    I am sorry that you find yourself in that situation.

    It is difficult for any of us to 'advise', since none of us is party to the full facts of your situation. Additionally, the only people authorised to advise on a settlement agreement are those with indemnity insurance: specialist employment lawyers; authorised union officials; authorised employment advisers with CAB, and the like. Indeed, you should only act on advice from a suitably-qualified person and a settlement agreement is not enforceable unless you have received such advice. A sum should be built-in to any settlement agreement to facilitate this.

    The general rule of thumb in negotiating settlements is the test of how badly the employer wants to keep you out of a Tribunal. Length of service is not typically a determining factor.

    Theo recounts the anedote of offering £10, which was accepted. I know of others who have received £30,000. Three or four months' salary seems to be the average.
    monicabilongame likes this.
  3. Middlemarch

    Middlemarch Star commenter

    GLsGhost is correct. I will add that settlement agreements often include no financial package other than the statutory notice period (i.e. they pay you until the end of that term + holiday), so please don't get your hopes up for a big wodge of cash - you're negotiating to be let go rather than be sacked, unfortunately.
    monicabilongame likes this.
  4. stmha

    stmha Established commenter

    If you are unwell then take advantage of sick leave, there is no disgrace if that allows you time to get your thoughts together.

    Do you mean ill health capability. I have not heard of any school offering more than 3 months salary but that depends upon your circumstances. If you are willing to elaborate it may help. You could also send a personal message to me.

    As for £10 if someone offers you that phone emergency services as clearly there is a lunatic on the loose.
  5. DaisysLot

    DaisysLot Senior commenter

    If school is the cause and agitational factor to your ill health, then my sincere advice, if you have exhausted sick leave, is to resign.
  6. butterfly0047

    butterfly0047 New commenter

  7. butterfly0047

    butterfly0047 New commenter

    Absolutely not! If you have the energy fight it. I've been through the same process and it has taken a long time but if you are ill due to circumstances at school then you are entitled to some compensation. I found the Union were useless and I've gone it alone in the end. I basically pointed out that if I left without a decent settlement agreement then I would take recourse through extra the courts quoting all the Acts that applied to me. I think you will find that you will at least get an sum that is roughly equivalent to your 3 months pay (but without deductions). Being careful what I say because of my SA. Speak to a personal injury solicitor (free for 30 mins advice) and see if they will take you on as 'no win no fee'

    Good Luck and keep fighting
    stmha likes this.
  8. butterfly0047

    butterfly0047 New commenter

    Sorry just read that back and the word'extra' has moved. It should read "you will get an extra sum equiv to 3 mths pay
  9. GLsghost

    GLsghost Star commenter

    There's no general rule that applies to the amount payable under a settlement, @butterfly0047. It really depends on the circumstances.

    We also do not know whether the OP's ill-health is employment-related or not. A PI claim may not be applicable.
  10. stmha

    stmha Established commenter

    After 24 years you deserve to have some care and patience by your school. Dont act rashly
    FolkFan likes this.
  11. Morninglover

    Morninglover Star commenter

    I would add that, after your long service at your school, they 'owe' you more than you 'owe' them...morally, if not legally. Therefore be selfish, think of yourself and your family, not the school - and if anyone says 'think of the children' make them pay an extra few grand for such nonsense! Remember you may be unemployed for a time, and are likely to find getting another job at the same pay quite difficult...

    So hold out for the best deal you can get, don't necessarily accept the first offer, make sure that your Union (not the school rep, someone higher & more experienced) and don't rush into a decision to get it over....
    stmha likes this.
  12. stmha

    stmha Established commenter

    Yes folkfan is right. With the right advice get every penny you can. If the school has been neglectful towards your health then they have to pay for that privilege.
    You are entitled to 6 months leave on full pay and 6 months on half pay. See your doctor and get signed off.

    When your school sees what is ahead of them they often feel much more like negotiating a decent settlement.
    FolkFan likes this.

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