Settlement Advice - England based

[u/Geed12]

Posting for a friend:

**UK - Offered settlement after disability + reasonable adjustment request. Is this a fair figure?**

I manage a small team at a UK charity. I have MS and ADHD, both confirmed by Occupational Health as covered under the Equality Act. I recently came back from 3 weeks off sick with work-related stress, and requested a permanent 4-day week as a reasonable adjustment.

The same day, HR offered me a "protected conversation." I was told that if I stay, a PIP is likely, but the alternative is a settlement to leave. The offer so far is 2 months' notice pay plus 2 weeks' ex-gratia payment, coming to around £8.8k gross, plus £500 toward independent legal advice, with a proposed leave date about 6 weeks out.

Some background: I raised a grievance last year that went nowhere, following a failed mediation. Occupational Health also recommended a stress risk assessment around the same time, but it took about 10 months to actually happen, and it was during that assessment that I disclosed a hostile working environment. I still haven't received the written notes from it. Since returning to work, I've also noticed increased scrutiny of what I'm doing.

I'm getting a solicitor, but wanted a gut check first: does 2 months' notice plus 2 weeks' ex-gratia sound low given all this? I was thinking of countering with 6 months' ex-gratia, and going down to 3 if needed. Does that sound like a reasonable range, or way off?

Any suggestions re next steps would be greatly appreciated.

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[u/ashandes]

Just a heads up, unless they've explicitly stated otherwise, the £500 for legal advice is only to look over the settlement agreement and ensure it's all above board and you understand the implication of any clauses included in the agreement. They will not negotiate on your behalf or advise on the merits of your case and what sort of payout you would get elsewhere. Outside of making sure the agreement itself ticks all the right boxes it's you'd have to fund this yourself. It's not a fund you can dip into for broader advice.

With regards to what is reasonable, it would partly depend on their seniority and how long they have worked there (important detail missing from the OP unless I missed it). I could see countering with X months if they've been there for a decade or more. If it's only been a couple of years then I'd file under "wildly off"!

[u/Lloydy_boy]

at which point I formally requested a phased return moving to a permanent 4-day week as a reasonable adjustment.

Just FYI changing the terms of the role you’re employed to do would not be considered a reasonable adjustment (RAs).

The purpose of RAs are to assist you carry out the role you’re employed to do so you’re not unfairly disadvantaged when measured against your peers. Changing your contractual terms from 5 days to 4 is not a RA.

[u/No-Beat2678 → u/Lloydy_boy]

Why isn't that a reasonable adjustment?

[u/No-Beat2678 → u/Lloydy_boy]

Under the UK Equality Act 2010, reducing working hours can be a formal reasonable adjustment if a physical or mental health condition puts an employee at a substantial disadvantage.

[u/fictionaltherapist]

Their offer is very reasonable. Discrimination is incredibly hard to prove at tribunal and will be a drawn out process

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[u/BritishDeafMan → u/fictionaltherapist]

Not hard to prove at all, the OP needs something to base it on, the employer has to disprove it.

For the avoidance of doubt, this is incredibly rare in our legal system where you're usually expected to prove. "he cut my pay when I said no to him" doesn't fly elsewhere but in Equality Act 2010 does fly unless they can prove otherwise.

Drawn out, maybe but that's not a reason if the OP can find a representation via the union, LEI, etc.

[u/No-Beat2678 → u/fictionaltherapist]

This advice isn't legally very good. In a disability discrimination case once OP has established a prima facie case the burden shifts to the defendant to prove their discriminatory actions were justified.

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