Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Was a formal settlement agreement actually agreed, one were you used a solicitor to advise you on it?
No there was no solicitor involved in this.
Hi, it would appear that this was not a formal settlement agreement, rather it was just an internal agreement between you and the employer. It does not mean that it would not be binding but it will not be the same as a formal agreement which can be challenged as a breach of contract in the courts. It would still be binding between you and the employer though and if the employer had breached it then you could take the matter further internally. This can be done through raising a formal grievance with them and complaining about the employer’s failure to adhere to what was officially agreed in the past. As part of the grievance you could also ask that the appeal is now allowed to proceed because you did not pursue it at the time on the basis of the agreement, which has now been breached. You can also appeal the outcome of the grievance if you are not satisfied with it.
If the appeal fails too then your only options are to either consider making a claim for discrimination in the tribunal or if you believe that this now means you can no longer continue working for the company, it can force you to resign and submit a claim for constructive dismissal.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks
Yes, it more than clarifies my position. I was not expecting such a detailed answer and I appreciate the advice you have given. I now feel more confident about lodging a grievance complaint with my company.