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Settlement agreement

Discussion in 'Workplace dilemmas' started by 5thfrets, Nov 6, 2019.

  1. 5thfrets

    5thfrets New commenter

    Hi I am about to leave my job after many years. I am going to engage with a settlement agreement and want to employ a solicitor to do all the negotiations as I don’t have the health to deal with it. Does anyone know if lawyers do this for a flat fee or do they take a percentage of the amount. I’m under no illusions, I know it will cost but want to get a rough idea that I can expect.
    I am talking about negotiations rather just having the agreement checked. thank you from a very tired and broken teacher.
     
  2. Corvuscorax

    Corvuscorax Star commenter

    :(

    no idea, sorry, but sending you lots of love xx
     
    DexterDexter, Jamvic and 5thfrets like this.
  3. tiredbutstrong

    tiredbutstrong New commenter

    Yes, you can. I am only sharing advice from my own personal experience.
    Have you filed a grievance? That would be the first step. Negotiations are done through ACAS, so you would need to contact them, they act as the intermediary body through negotiations.
    I took on a solicitor to deal with it, as it was making me quite ill, but frankly, it was a waste of money. He made the situation a whole worse, and I paid him for the privilege. I then ended up representing myself with some fantastic friends, and was able to get the settlement I had wanted.

    In terms of money, I paid a flat fee, and my solicitor had his paralegal do all of 30 mins of work.....so I would advise against it. What's worse is that he came recommended through a friend that used to work alongside him. Do you have home insurance? If so, you may be covered, check. That way you don't end up wasting money on a solicitor that could be a hinderance instead of help.

    All the best
     
    bethebestyoucanbe likes this.
  4. phatsals

    phatsals Senior commenter

    You can contact a solicitor and ask, many provide 30 mins initial consultation free of charge. If you are in a union they can negotiate for you, if you aren't but you haven't set anything in motion, join one now then start the process. You can also check your home insurance policy to see if you have legal protection included. Good luck with your future plans.
     
  5. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Presumably there's a reason why you are not using your union?

    I would expect them to charge an hourly/daily rate fee but it's something you need to agree with them before you instruct them. There's no rule that it has to be this way, but solicitor's professional conduct rules do require them to be clear with you up front on their charges and to give you an estimate of their total fee.
     
  6. lanokia

    lanokia Star commenter

    Was wondering the same thing...
    I think your best bet is to phone around and ask for a quote.
     
    Jamvic, 5thfrets and Lara mfl 05 like this.
  7. Weald56

    Weald56 Established commenter

    Union (if a member - they will use their solicitor) or if you need your on you need an employment law specialist, not a firm that mostly does conveyancing or divorce etc.
     
  8. Lara mfl 05

    Lara mfl 05 Star commenter

    Plus you really need someone who has some knowledge of the 'peculiarities' the way schools work, or the settlement may not work out the best for you.
     
    digoryvenn, Jamvic and 5thfrets like this.
  9. Bedlam3

    Bedlam3 Star commenter

    If you ring an employment solicitor they will let you know their list of charges. They have different fees depending on what you want them to do and also depending on how many ring binders of documents they have to read related to your case.
     
  10. catbefriender

    catbefriender Lead commenter

    As above, ask the union to step in and help, they are specialists at this. Using a solicitor could cost a bomb. Firstly the consultation, they will need to know the ins and outs of what has happened up to this point to come up with a fair figure, and then as mentioned above the uniqueness of the school situation. Solicitors sometimes may want to threatened legal action and the litigation can be costly also.

    Please, if you can, get the union to step in and help.

    Hope you get a good deal.
     
  11. MacGuyver

    MacGuyver Occasional commenter

    If you have home insurance, some policies offer legal assistance with workplace issues. It's worth checking, although I'd be using my union first (if you're a member of one).

    Good luck, and just remember, an agreed reference is just that: agreed. Don't sign up to it if you aren't happy with it.
     
    DexterDexter likes this.
  12. mothorchid

    mothorchid Star commenter

    Union? They have a legal team who would check the SA as part of the whole service.
    If you're not in a union, then obviously legal advice is a must. Would your house insurance cover it? Always worth checking - and if it does, they might have a preferred company you would need to use.
    I wish you well.
     
    Lara mfl 05 likes this.
  13. sbkrobson

    sbkrobson Star commenter

    Maybe not a quote. Legal support does not work that way.
    We had the following point on another thread the other day about some domestic building work for someone-
    The difference between a quote and an estimate is important here, and the OP would be highly unlikely to achieve a quote (unless it were hugely overinflated) because that would be based on fewer variables. It would be an estimate instead.
    This is not pedantry, it is a big difference. It is the sort of legal instruction which could spin out and therefore could end up incurring all sorts of possible costs. If OP finds legal representation on the basis of an actual quote there will also be a lot of small print saying "and anything else we need to charge you". And if they print it small, then why would you want a solicitor like that?
    Personally I would ask around for an estimate, and would be more inclined to trust a solicitor who says "I don't know what it will cost", because the small print there is actually quite big. Get a worst case scenario estimate, not a quote.
    I'm keeping this real for the OP, the fact that legal representation can be a money guzzler no matter how you try to plan.
     
    5thfrets, lanokia and mothorchid like this.
  14. CWadd

    CWadd Star commenter

    As others have said, legal representation can eat money. The best people to go to are your union.

    There is also no guarantee of a "big payout" for an SA - the school can choose to give you merely your salary in lieu. Be aware that if you go for an SA, you forfeit your right to an ET. This matters if you believe you have been discriminated against on any grounds, or unfairly dismissed to or told to leave.

    I'm sorry you've had such a bad time.
     
  15. caterpillartobutterfly

    caterpillartobutterfly Star commenter

  16. Summerhols6

    Summerhols6 Occasional commenter

    Are you working for MI5/OFSTED?! We surely take posts at face value. You seem to take pleasure in trying to catch people out (not the first time you have done this). People say things on here to protect their identities etc. Why are people liking your post?! Star Commenter, then behave and act like one.
     
  17. cornflake

    cornflake Senior commenter

    You can have an SA that excludes discrimination claims ....
     
  18. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Yes, but why would an employer agree to an SA which didn't include discrimination claims if you are alleging discrimination?
     
  19. 5thfrets

    5thfrets New commenter

    I appealed and was reinstated, it’s the same case but strange that you felt the need to check. Two years on and I’m exhausted so it’s time to go on my terms.
     
    banoffeepie11 likes this.
  20. Lara mfl 05

    Lara mfl 05 Star commenter

    Possibly because being that 'Star Commentator' ctob has been around these fora long enough to know that in the past we have indeed have had posters who have 'made claims about situations' which were just out to provoke.
     

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