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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:
    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.

    I do not believe this is correct. The discussions and the resulting offer made to you were presumably on a without prejudice basis (which is why you have been told that conversation was "protected"), meaning that neither you nor your employer can bring this up at any point in a tribunal, unless both parties agree to it. Thus, there is no way a tribunal will have an opportunity to say that the offer was fair and award you nothing. I don't know who gave you this advice (i.e. whether they were actually a legal professional specialising in employment law) but, from my own experience with the tribunal, they are not correct in saying this. If the union said this, then I think what they meant was that the fact that you have received an offer means that they are under no obligation to provide you with representation in the tribunal, which I think makes unions completely useless (mine was like that as well).

    Taking the matter to a tribunal would put your employer under a microscope in the public eye, which is what they deserve, but it will also take its toll on you. Also, initiating a trbunal case may prompt your employer to offer you a better settlement.

    Please do not accept the offer before really thinking about it. You have to add up how much you will have lost (2.5 years of salary plus how much pension you will lose for having to retire early, assuming to live to a certain age plus extra money for hurt feelings, etc.). Does that amount compare with how much you are being offered? If not, don't accept the offer.

    If you go to a tribunal, it will cost you nothing, because they have abolished the fees. Also. if you decide to stay in your job, they will have a difficult time getting rid of you. Please consider this, not just for yourself, but for those who will come after you.

Reply
  • Trainspotter said:
    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.

    I do not believe this is correct. The discussions and the resulting offer made to you were presumably on a without prejudice basis (which is why you have been told that conversation was "protected"), meaning that neither you nor your employer can bring this up at any point in a tribunal, unless both parties agree to it. Thus, there is no way a tribunal will have an opportunity to say that the offer was fair and award you nothing. I don't know who gave you this advice (i.e. whether they were actually a legal professional specialising in employment law) but, from my own experience with the tribunal, they are not correct in saying this. If the union said this, then I think what they meant was that the fact that you have received an offer means that they are under no obligation to provide you with representation in the tribunal, which I think makes unions completely useless (mine was like that as well).

    Taking the matter to a tribunal would put your employer under a microscope in the public eye, which is what they deserve, but it will also take its toll on you. Also, initiating a trbunal case may prompt your employer to offer you a better settlement.

    Please do not accept the offer before really thinking about it. You have to add up how much you will have lost (2.5 years of salary plus how much pension you will lose for having to retire early, assuming to live to a certain age plus extra money for hurt feelings, etc.). Does that amount compare with how much you are being offered? If not, don't accept the offer.

    If you go to a tribunal, it will cost you nothing, because they have abolished the fees. Also. if you decide to stay in your job, they will have a difficult time getting rid of you. Please consider this, not just for yourself, but for those who will come after you.

Children
  • in reply to DragonCat16

    I think the advice given to Trainspotter was likely that he could end up with nothing if the matter went to Tribunal, as this is always a risk in any case (that the Tribunal may not uphold your claims and therefore award you nothing).

    With regards to the offer being fair, this is a separate issue whereby the employer can end up with grounds to claim their costs against the Claimant if an offer is rejected and then the Claimant is awarded less by the Tribunal (as explained in my comment above). Without prejudice discussions can be disclosed to the Tribunal when a costs application is made, and this can be the decision of the party disclosing them. I know this through very recent personal experience.

    Going to Tribunal will only cost you nothing if you do not use legal representation and you do not get costs awarded against you, so all decisions about what to do with a settlement offer have to be weighed up in against what you may end up getting out of an actual hearing.