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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50209
Experience:  Qualified Solicitor
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I think it best if I resign from my job as my employer has

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I think it best if I resign from my job as my employer has notified me of gross misconduct (drinking alcohol) which I do not dispute but arose because of work pressure from them. We have agreed to part ways and I have asked for an agreed reference and a reasonable payment. How much should I ask for? I am on one month's notice, started with them on 10/09/12 and have approx. 10 days holiday pay. Can this be done exgratia without tax.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How much would you ideally walk away with?
Customer: replied 2 years ago.
not sure - as much as possible is the obvious answer - maybe 3 months?. It has to be reasonable as a decent reference is important. In principle, they have agreed to giving a reference that would be acceptable.
have they agreed to pay you something as well or have they just agreed on a reference?
Customer: replied 2 years ago.
implied they would pay something as well but it's a lot of dancing around the handbags and they have not mentioned a figure yet
The main issue here is that you do not have much of a leg to stand on to be demanding a payment from them as your negotiating position is rather weak. You have admitted you are guilty of an offence which could lead to your dismissal and regardless of what led you to it, the employer could still take disciplinary action and potentially dismiss you. So if they wanted to they could go down the formal route, follow the rules and end up dismissing you without having to pay you anything, apart from your holidays. So the people who can negotiate reasonable settlements are those who have a potential valid claim against the employer and are ‘paid off’ not to claim. You, however, do not have this luxury as you are in the wrong and you are only doing the employer a favour by making them not have to spend their time going through a disciplinary process.
Anyway, this is the legal position. From a legal perspective you cannot ask or anything apart from your notice period and the holidays due. Even the notice period may come at a push because if they dismissed you for gross misconduct then no notice would be payable. The employer could still agree t ay you something on top of that but that is now at their discretion. So to tell you what you could ask for is impossible – there is no set fee you can work from, it would what the employer is willing to pay and what you are willing to accept. So t start with you may wish to ask for your notice period, the holidays and then a month or two pay on top of that but be realistic because they can easily refuse to pay you anything extra and legally you cannot force them to.
As to getting it tax free that would not be possible if it is a contractual benefit. So the notice and the holidays will be taxed. Anything on top of that could potentially be made tax free but it would be for the employer to try and disguise it as a payment that does not attract tax, for example an ex-gratia payment for loss of office or a redundancy payment.
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
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Customer: replied 2 years ago.
We have received a compromise agreement the terms of which are acceptable. There is an advisers certificate to be executed saying that you have given advice. How much would it cost for you to execute? Thanks Susan
Hello Susan I'm afraid I can't do that for you as I have not actually given formal advice on the agreement and you need to go and see a solicitor in person. Any local employment solicitor can do that for you