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Discrimination paid off with money to leave job

Trainspotter

After being harassed at work for several years, an incidenr tipped me over.

Like all employers mine has an anti-bullying policy which states that bullying and harassment will not be tolerated. There is a grievance policy which will lead to investigation and if upheld there are repercussions.

However it does not seem to apply to management.

Various iincidents occurred, culminating in me taking out a case with the support of my trade union. When the CEO of the charity I work for got the papers about the case, he said he was 'appalled at the way I have been treated'  However this was in a 'protected' conversation. He has now offered a considerable sum of money for me to leave as a 'Settlement Agreement' to leave my job.  This sort of thing has happened in the past to others with disabilities. They offer money to avoid the bad publicity, in other words to be able to continue to break the law by discriminating against disabled people and removing them from rheir employment.

I only have two and a half years before retirement, and naturally all finances were arranged with this in mind - pension, paying off mortgage, maintaining myself.  There is little chance of me getting further employment.

The sum, although very substantial, will not maintain me for this time.After paying the mortgage in full I will be left with a hundred pounds a week to live on using the money, and this will have to support not only me but my wife as well. Take from this the council tax, the service charge for the property, gas and electricity and I am  left with about twenty pounds a  week for food transport and other expenses. My pension is also greatly affected because  contributions will not be made.Even with the humilliation of signing on at the unemployment exchange I will be many times worse off  even considering the sum than I am presently.

I have had legal advice  to  accept the offer as otherwise I could end up with nothing if the tribunal thought the offer was fair, a chance I am not prepared to take.

My point about this post is that an employer can break laws regarding discrimination,  pay a sum of money in an out of court settlement, and then be free to do the same again. The employer keeps away from bad publicity, is free to do the same to others while the person who suffered the discrimination suffers for the rest of  their life.

This is the just and understanding society we live in!

Parents
  • Trainspotter said:
    My point about this post is that an employer can break laws regarding discrimination,  pay a sum of money in an out of court settlement, and then be free to do the same again. The employer keeps away from bad publicity, is free to do the same to others while the person who suffered the discrimination suffers for the rest of  their life.

    You are absolutely correct here Trainspotter, and that’s why I think the Employment Tribunal system favours employers - settlements are encouraged by the Employment Tribunal and if you are awarded less money by the Tribunal in a hearing than you have been offered in settlement then the employer can validly claim their costs against you on grounds that it was unreasonable of you to have not accepted their settlement offer. So unless you are very rich and can afford to pay your and your employer’s costs in order to go through with the hearing, you are in effect forced to settle your claim, which in turn means it is not ruled that the employer broke the law and the matter is kept private due to confidentiality clauses. Therefore, it’s simple for an employer to wriggle out of any claim - they just have to offer enough money (which often isn’t a problem for huge companies). 

    I think it’s totally wrong that the Employment Tribunal doesn’t consider that the Claimant may want something other than money, such as an apology, a hearing, or a ruling by the Tribunal, but that’s the way it is. This is all why you have been advised to accept the offer.

    In terms of the offer itself, the employer will always say it’s their final offer and they won’t go any higher, but invariably this isn’t true if you have a strong case against them and they want the matter kept private. How close is it to your hearing? - My employer suddenly offered another £10,000 in the week prior to my hearing, even though my counter offer had been on the table for a month prior, just because they didn’t want me going through with the hearing. I would suggest pushing them all the way to the hearing, so they are more desperate to settle, but remain mindful of whether they offer is reasonable in terms of what you would expect to be awarded for your claim and if they meet a counter offer from you then it will likely be considered unreasonable by the Tribunal if you don’t accept it. For now though, if you’re not happy with their offer then why not make a counter offer - even if you don’t think they will meet it, it goes to prove that you have engaged in settlement discussions (something else the Tribunal considers the Claimant must do in order to behave reasonably...)

Reply
  • Trainspotter said:
    My point about this post is that an employer can break laws regarding discrimination,  pay a sum of money in an out of court settlement, and then be free to do the same again. The employer keeps away from bad publicity, is free to do the same to others while the person who suffered the discrimination suffers for the rest of  their life.

    You are absolutely correct here Trainspotter, and that’s why I think the Employment Tribunal system favours employers - settlements are encouraged by the Employment Tribunal and if you are awarded less money by the Tribunal in a hearing than you have been offered in settlement then the employer can validly claim their costs against you on grounds that it was unreasonable of you to have not accepted their settlement offer. So unless you are very rich and can afford to pay your and your employer’s costs in order to go through with the hearing, you are in effect forced to settle your claim, which in turn means it is not ruled that the employer broke the law and the matter is kept private due to confidentiality clauses. Therefore, it’s simple for an employer to wriggle out of any claim - they just have to offer enough money (which often isn’t a problem for huge companies). 

    I think it’s totally wrong that the Employment Tribunal doesn’t consider that the Claimant may want something other than money, such as an apology, a hearing, or a ruling by the Tribunal, but that’s the way it is. This is all why you have been advised to accept the offer.

    In terms of the offer itself, the employer will always say it’s their final offer and they won’t go any higher, but invariably this isn’t true if you have a strong case against them and they want the matter kept private. How close is it to your hearing? - My employer suddenly offered another £10,000 in the week prior to my hearing, even though my counter offer had been on the table for a month prior, just because they didn’t want me going through with the hearing. I would suggest pushing them all the way to the hearing, so they are more desperate to settle, but remain mindful of whether they offer is reasonable in terms of what you would expect to be awarded for your claim and if they meet a counter offer from you then it will likely be considered unreasonable by the Tribunal if you don’t accept it. For now though, if you’re not happy with their offer then why not make a counter offer - even if you don’t think they will meet it, it goes to prove that you have engaged in settlement discussions (something else the Tribunal considers the Claimant must do in order to behave reasonably...)

Children
  • in reply to NAS36609

    Once your income drops below a certain amount you will be able to claim benefits. If you receive PIP you will get a disability top up too so things aren't as grim as they seem now. 

    If you haven't applied for PIP yet? it isn't means tested so you could work you way through the system now in preparation for when your income drops.