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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61077
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

9 years ago I signed a compromise agreement with my ex

This answer was rated:

9 years ago I signed a compromise agreement with my ex employer . I had a breakdown how can I overturn it
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I can't afford a solicitor as still unable to work
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: no job
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: its a very long story

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Please explain the circumstances in some more detail. Why did you sign a compromise agreement and how long had you worked there for?

Customer: replied 4 days ago.
I had worked there for 3 years as hosing support worker . I was off work due to having a hysterectomy, whilst I was off a shared office got broken into and vandalised. The lady who was standing in for me wrote a statement claiming it was me who had done it . Police came to my house and arrested me ( no rights read etc ) that day I had a breakdown . I was part of a union who told me to sign the agreement. I was in a bad way and it was ignored . I was then diagnosed 18 months later with bi polar , put on medication . I Just did as I was told .

Thank you. It is very unlikely that you can overturn the settlement agreement now – it is too far down the line to do so. Any claim would have had at most 6 years as a time limit to be pursued and as we are now 9 years after the event, you are still at least 3 years too late to do anything about it. You may have disagreed with the decision and it may still bother you, but this matter is best put to bed now as you will just waste further time and resources trying to pursue something which is not there and cannot be done.

 

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

 

 

Customer: replied 4 days ago.
I wasn't in sound mind to sign or deal with sooner though due to mental health .

9 years is a very long time to even claim that. The chances are pretty slim – it is up to you whether you pursue it or not but it certainly won’t be easy and you will likely need formal representation as it can get quite technical to raise such an argument

Customer: replied 4 days ago.
I just need to know if there is any chance even a slim one . And how I would go about it? I forgot to say that my physicist will provide medical evidence.

When you say you are trying to overturn the agreement, what are you trying to do exactly, what are you hoping to achieve as a result?

Customer: replied 4 days ago.
I signed that I wouldn't say anything to anyone, yet I've not been able to get another job in that sector. It ended my marriage because I wasn't well, I lost my mental health and was tipped over the edge yet I can't say anything and I got 2 months wages . They've done it to a few others too in different circumstances and nobody allowed to say anything .

So you just want to be able to say things to others about it?

Customer: replied 4 days ago.
Yes as I wasn't in sound mind to sign anything . They knew that and treated me badly . People thought and still think I broke into the office as I can't set them straight . It has also made it hard to get a job .

The way around this won’t be to go and make a claim to overturn the agreement. What you have to do is potentially breach it, by talking to people about it and then it is for the employer to decide if they want to pursue you under the original agreement and take you to court. If they do, that is where you would argue that the agreement should be overturned instead. Does this clarify things a bit more for you?

Customer: replied 4 days ago.
Thank you for your help I will

All the best

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