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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47354
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Jones 07 September 2015 14:04 EST Dear Mr Jones, Matters

Resolved Question:

For Ben Jones
07 September 2015 14:04 EST
Dear Mr Jones,
Matters at work continue to be extremely stressful to the extent that my position in the trust is not untenable and I can't stay there any longer. I am being made to feel as if I am at fault and obviously I am not. I have reported all of this to the occupational health who has reasonably supportive but this is insufficient to support me continuing in my position.
Under the circumstance, do you believe there are grounds for requesting a compromised agreement and if so how and when do I go about doing it?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I think Ben is offline right now but I'll send him a message about this for you. I'm sure he will pick up tomorrow.
Customer: replied 1 year ago.
Thank you
Expert:  Ben Jones replied 1 year ago.
Hello again I will get my response ready and get back to you today. No need to reply in the meantime thank you
Expert:  Ben Jones replied 1 year ago.
Hi there, the issue with requesting a settlement agreement is that your only option of taking this further is to resign and claim constructive dismissal. However, to be able to do so you would need to have at least 2 years’ continuous service with the employer, which you do not have. So it means that if you were to leave as a result of this you would not be able to take the matter further by claiming constructive dismissal. Therefore, you do not have any bargaining power in terms of negotiating a settlement agreement. For example, if you could have made a claim against the employer then you could have used this to help you negotiate an agreement as they would not want you claiming against them. So they would be offering you a settlement agreement in return for you not claiming against them. However, as you cannot claim against them anyway, you do not have a strong negotiating position.
Saying that, you have nothing to lose by trying to ask for a settlement agreement – the worst that could happen is they say no. So you are entirely free to approach them over this and propose that you leave under the terms of a settlement agreement. You may wish to consider raising a grievance first so that there is an official complaint by you in existence and that you show you are taking this seriously and it is an issue for you. Once a dispute is in, then you could approach the employer to propose the settlement agreement option. This could be done by you requesting a meeting with them and just discussing it there, or you could ask in a letter. There is no official way to ask for one so it is in whichever way works best for you – you are basically just having a discussion with the employer so do it in whatever way feels best for you.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you for this very useful information.
I am still waiting no for the appeal hearing to be arranged. They are now telling me that I have to attend a meeting with the head of service and the clinical lead to resolve the clinical matter. To summarise, they wish to reinstate my original letter without telling the client as to what really happened ie that my supervisor impersonated me. I have agreed to attend this meeting on Monday although this is something I have appealed against as cannot allow my name to be used again this time to clear this mess created by my ex-supervisor.
Do you have any advice you can offer me regarding this?
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello again, it is somewhat difficult to advise on what exactly to do as I do not know exactly what the employer’s intentions are at the forthcoming meeting. I understand they want to reinstate the letter but if you have already raised a grievance then I suggest you ask for any related action to be placed on hold whilst the grievance (and subsequent appeal) are dealt with. So you may ask the employer for the meeting with the head of service to be postponed until the appeal hearing has been resolved. Also remind the employer that sending the letter, which you have not written, to the patient would be misleading and they owe a duty of care towards that person to ensure the contents in it are accurate so if they send it they could be breaching that duty.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47354
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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