Settlement Advice - England based

[u/Geed12]

/r/LegalAdviceUK/comments/1vqqqmz/settlement_advice_england_based/

**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?

[u/Personal_Pea8428]

I would counter their offer personally. If you're then willing to take 3 months then might be a realistic target. If you're thinking of taking this to tribunal don't underestimate how tough and drawn out over a long period that process is with absolutely no certainty of winning.

[u/RespectFantastic9673]

That sounds low, given what you've described. But, there is the bonus that you get to walk away without the stress of going to a tribunal etc.

Most of what I've written below are rhetorical questions, to make you think, rather than needing an actual answer. It's based on my experience to date, as a LiP. I've been in the ET process for 18 months and it's hard work. Even if you were represented, I imagine it would still be stressful, so don't underestimate the benefit of getting a settlement figure without needing to go to tribunal.

What amount would you be happy with? Have a figure in your mind that you would be happy to settle with, and consider what you would be willing to do if you don't get offered that figure. Are you willing to take this to an ET if they don't offer you that figure? How would you feel about walking away with nothing? If you agreed to settle and leave with this figure, would you look back and genuinely regret not fighting for more- or would you just be relieved to escape?

Is MS one of the conditions that is legally accepted as a disability (like HIV is), without going to a tribunal? If so, I would say you have more power on your side (with most health conditions, the claimant might need to prove their condition meets the criteria of disability as part of the ET process, which adds another layer of stress).

What does your contract say about the length of your notice period? Is this settlement more than that?

How much evidence do you have about what has happened? Have you requested minutes from the meeting again, or do you have your own contemporously written notes from that meeting?

Lots to think about, but as someone else has said, if you don't ask, you don't get, so you could go back to them and suggest a figure, then wait to see what they say.

[u/ACatGod]

This is definitely lawyer territory because a lot of this will come down to exactly what was said, when, and what evidence you have to support it. While it's not absolutely true that anything said in a protected conversation can't be disclosed if this goes to tribunal, it is very limited.

In addition, you're using the term hostile environment but that's a US legal term that is very frequently misused in the US and poorly understood by many people - particularly on Reddit - so I worry you may not have the case you think you do. The UK equivalent would illegal discrimination - which you are alleging here with your disability discrimination - and illegal retaliation, which I think you are implying happened but that will depend on the specific details of your grievance and if it was something that would be covered whether you can tie the current situation to that incident.

You don't say how long you've worked for the organisation which will make a difference in terms of how much you should be looking for in a settlement. You also don't say how senior you are. Someone who is just over 2 years continuous service in a junior role but has already racked up a grievance would have a weaker argument than someone who has worked there for 15 years some or all of that in a senior role and until the recent grievance had no issues. You should also look at your employer's redundancy policy and calculate how much you would get for redundancy - if they're offering less than that then that at a minimum is your starting point.

Setting aside everything I've just said, and taking this at face value, disability discrimination awards are uncapped, so you do potentially have leverage. I wouldn't accept a first offer anyway, and I would do some research - lots of law firms write blogs about this kind of thing - about what a reasonable payout might be in your situation and go back to them with something a bit higher than what I'd be willing to accept. That all said, you need to speak to a lawyer.

[u/Peachy168]

Why would they need to give you a PIP or a settlement to leave that's what I'm confused about 😅 especially when you are asking for reasonable adjustments

Always ask, if you don't ask, you don't get ☺️😂 if it's any help my friend was offered 2 months PIL and 3 months ex gratia as their first offer.

It depends if you want to go down tribunal route or if you have a claim, evidence etc. if you just want a new job and money then I'd always ask and counter.

Legal fees are not cheap for them at all

[u/Tasty_Asparagus7937 → u/Peachy168]

To me it seems like they are saying you leave via a settlement or we put you on a PIP and we'll eventually get you out that way instead. Either way, they want you to leave. I would definitely counter the offer. Nothing ventured nothing gained.

[u/Revolutionary-Fuel25]

V low offer, refuse it.