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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I recently had to take a compromise agreement due to be accused

Customer Question

I recently had to take a compromise agreement due to be accused of bullying. There wasn't much evidence backing it up with the accuser but there were other people involved sticking the boot in about my behaviour who themselves had really bad attitude.at the time I had been going through an episode of depression which they knew and felt segregated and bullied myself. I felt I had to sign the agreement as it made me ill and caused me to have a breakdown. I can't get full representation from the union as I only joined when it happened. Do you think I have a case to take it further even though I took this agreement and would legal aid cover the mental health act as of yet I am still unemployed and finding the rejection and pressure of finding a job hard to deal with.
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

Did you take independent legal advice before signing the compromise agreement?
Customer: replied 4 years ago.

No only had a union rep

Expert:  Alice H replied 4 years ago.
Hi-

Thanks for clarifying.

Legal aid is not available for employment law cases.

The best you could hope for is a 'no win, no fee' arrangement.

You might be able to claim unfair or wrongful dismissal if the process which led to you leaving was conducted improperly or unreasonably.

Also the compromise agreement is unlikely to be binding because under s.203 Employment Rights Act 1996 you must be advised by a legal adviser before the agreement becomes binding.

Without detailed analysis of your circumstances its difficult to say what your chances are if you made a claim but a combination of your ill health and improper way in which the compromise agreement was executed suggests this is something that should be investigated further.

Hope this helps. Happy to discuss further.

Alex
Expert:  Nicola-mod replied 4 years ago.
Hello,

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Thank you,
Nicola