How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47858
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have just received a settlement agreement .

Resolved Question:

I have just received a settlement agreement . I had raised a grievance against my employer it was against sexual harassment and discrimination, second no written term and condition which I asked for for year and half. After sending a grievance letter I was suspended without any particular reason. The HR professional who organised the hearing with me suppose to record everything and send me copy of the hearing , that's why I didn't ask anyone to attend the hearing because it suppose to be recorded . Unfortunately due to the error of computer nothing was recorded. In the settlement agreement they asked me how much compensation I want. How much usually this kind of cases getting compensation? Or shall I asked them how much the intend to pay me? Another question is if I can ask for another meeting with HR professional because I have already noticed that she twisted what I said and I don't really trust her what she put in the outcome . I wanted to make sure this time it will be recorded so I have a proper proof. Is it possible or it's too late ? I think the HR professional didn't record on purpose and blame the computer. This person was employed by my employer which I think means she act on my employer favour?

Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

One year and half

Ben Jones :

Hi, in terms of the potential compensation you may seek to recover it would depend on the nature and severity of the discrimination/harassment you have been exposed to.

If a claim for discrimination is made, the usual remedy would be to award compensation for injury to feelings. This is calculated by considering the level of discrimination that the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case with that name. The current compensation levels are as follows:



  • Lower band - for less serious cases, for example an isolated incident or event (£600 - £6,000)

  • Middle band - for serious cases which are not serious enough to fall within the highest band (£6,000 - £18,000)

  • Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£18,000 - £30,000)


For the failure to receive written terms and conditions you could recover between 2 and 4 weeks’ pay.

As to the recording of the meeting, you could record that yourself if you wanted to. Ideally you should get the employer’s permission to do so but you can also record it secretly and this could still be used as evidence in the future if it happens.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

I can change the fact that she didn't recorded the hearing on purpose or not . What I am trying to ask if I can demand another meeting which going to be recorded ?. I didn't take anyone to the hearing because she said in the email that everything will be recorded and that she will send a copy to me . During the hearing she didn't even take any notes so how she going to write her outcome ?.

Customer:

I caught her on twisted my worlds . She wrote email to me where she told me that I asked her if my employment ended , but I have not ask her that question. What I asked her if I wouldn't return to work when would be possible for me to return my staff. If she's already twisted my words how I suppose to trust her what she writes in the outcome especially she didn't take any notes because she presumed everything was recorded.

Customer:

Can I demand another hearing ??

Ben Jones :

you cannot really prove that this was done on purpose and in any event this has now happened. You can ask for another meeting but the employer does not have to allow that and you can instead ask them to provide notes of what they believe was said and you can do the same, then compare them and agree on any differences

Customer:

The discrimination was because my boss constantly was asking me question if I want to have a baby or not before and after wedding privately and in front of patients . As well bombarding my friend who was the patients of ours private questions about me and my injury which coursed me to stay away from work for two months.

Customer:

He admitted in a statement that he discussed this in front of patient and that he is not going to be able to pay me maternity leave . Now in age 37 my possibility to get pregnant is minimal because I will be jobless . Can I claim on that too?

Ben Jones :

you can claim for the maternity pay you are due under law

Ben Jones :

assuming you are now pregnant

Ben Jones :

but you cannot claim for delaying your pregnancy because the employer refused to pay you Mat pay - you would have been entitled to it regardless of what they said if you had become pregnant

Customer:

He changed my position at work without any discussion while I was off sick. He knew it I am not going to stay at the practice if he does that. I was suspended from work after a raised grievance without any proper reason.

Customer:

I asked as well if it possible to demand another hearing which should be recorded as I was promised the first time by the HR person?

Ben Jones :

Hi I dealt with the meeting issue above:




you cannot really prove that this was done on purpose and in any event this has now happened. You can ask for another meeting but the employer does not have to allow that and you can instead ask them to provide notes of what they believe was said and you can do the same, then compare them and agree on any differences



Customer:

I am so sorry I haven't noticed that.

Customer:

what shall I do to the email which was sent to me which completely twist what I said. Shall I send a clarification email to her ?

Customer:

is it legal to be suspended from work during grievance procedure without any particular reason? I was paid the salary though

Ben Jones :

if you disagree with what has been said in the email then yes, certainly reply and provide your own version of events so that you clarify what exactly you are unhappy with. It is possible to be suspended during a grievance as long as the employer has a valid reason for doing so, for example they could have other issues which are separate to the grievance which could justify your suspension and they could still suspend you even if you have an ongoing grievance at the time

Customer: About compensation . Shall I ask them how much they keen to pay or it is better to sit down with an adviser calculate how much I should get?.
Ben Jones :

you can always ask to see roughly where they stand and then use that to determine whether you want to negotiate further and to find out what their expectations are. In the meantime you can seek formal advice to see how much you can realistically push for

Customer: Could CAB help me to estimate the amount of compensation or it is better to get in contact with the lawyer ?
Ben Jones :

The CAB could help but it depends on their resources at the time - they are always very busy and may not be able to give you as much time or detail as you may require, but you can certainly try them - you have nothing to lose by doing so as they are free. You could approach them first and if you do not get what you need from them, you can then consider going to a lawyer

Customer: What if my boss won't agree with the amount I want and want be happy with the amount he propose ?
Customer: Sorry , I write again
Customer: what if my boss don't agree with the amount I want or I won't be happy with the amount he proposes?
Ben Jones :

this is a settlement agreement - you cannot be forced to accept it and you cannot force the employer to agree to it either - so if you cannot agree on an amount in the settlement then you will have to go to tribunal to pursue your case

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones and 3 other Employment Law Specialists are ready to help you