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I had a settlement agreement unexpectedly thrust before my eyes under a 'protected conversation' on 1st December. I had until last night to agree, and the 'hot shot' solicitor I have been using has in ONE day managed to clock up a £1300 bill for me, with only two replies form my employers solicitor being evident.
I've emailed my employers this morning asking if i'm to return to work and no reply.
I'm about to bypass my super expensive solicitor and go direct to theirs and tell them how it is. Is that wise?
Re the fees, isn't there something in the settlement agreement stating that your employer will pick up your legal fees associated with the agreement?
£1,300 is only a few hours work if he's vaguely senior at a big firm.
Usually in the contract it will state that the company will pay your solicitor fees upto a certain amount. You probably want the company to agree a prewritten reference as well.
Plus you have probably already broken that agreement by disclosing what has happened online and if someone links it back, they could legally get the money back! So you may want to get this deleted.
No.
Much legal work is like an iceberg, you don't see all of it.
But you do get to pay for it. 🙂
£1300 = ~5 hours at standardish rates - if you're in London then you can probably halve that. You do know what rate you're paying?
Oh and as above, you're probably not supposed to discuss it online - if your ID is traceable I'd get this thread deleted (personally if I wanted to discuss something like this on here I'd be setting up a temp account with a disposable e-mail address and going through proxies, but then I'm paranoid like that).
Much legal work is like an iceberg, you don't see all of it.
I'm sure cleverer folks than me can come up with the Titanic-esque analogies!
geoffj - Member
I'm sure cleverer folks than me can come up with the Titanic-esque analogies!
So long as you've paid the fare it doesn't matter if the ship sinks... 🙂
£1300, unless you are very senior with a very complex agree you've been stiched up. When I've been through this it's been £300 paid for by my ex employer for about an hour's meeting.
If the agreement is reasonable and not just statutory sign it and move on. If there's nothing beyond a basic settlement (notice) and you've more than 2 years service tell em to sharpen their pencil. No idea what a protected conversation is but until you sign away your employment rights you still have them. If they try to bounce you into agreeing it will look bad later.
Make sure it's tax free as well. As above though if this thread surfaces you're probably screwed.
No idea what a protected conversation
I may be wrong,but it used to be that any discussion about a 'compromise agreement' (the old name for this process) was 'off the record'.
Because they are trying to get rid of you, when there's no legal reason, any discussion of this is an admission on the employers part that they want to get rid of you.
I may be wrong.
Richmars
That's what I thought. However calling it protected doesn't make it any more protected than if they announced it in the middle of the office.
Yes, I've often wondered what would happen if you said 'No, everything is on the record'
Can't you just do the "terrorists did it not me" when the body bags are carried out from the office? 😆
Much legal work is like an iceberg, you don't see all of it.
I'm sure cleverer folks than me can come up with the Titanic-esque analogies!
Like an iceberg theres probably a lot more below the surface we are not seeing as yet, till the ship hits the berg
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Drafting a settlement deed is like making love to a beautiful woman: there's a lot of promises, a lot of wriggling and no matter how many times you do it, one person always seems to be unsatisfied at the end.
hahah konabunny 🙂
I was waiting to go to arbitration with a US bank when we finally (and unexpectedly) reached agreement. They were pissed because they still thought they had a worse deal than they could have got (as did we) and I made the comment that many satisfactory negotiations end with both parties leaving with a bitter taste in their mouth.
One of their guys responded with "No, the satisfactory ones are when I leave with the taste of fresh prey in my mouth".
I almost died from embarrassment on his behalf.
Also, his name was something like John P. MacGyver III
many satisfactory negotiations end with both parties leaving with a bitter taste in their mouth.One of their guys responded with "No, the satisfactory ones are when I leave with the taste of fresh prey in my mouth".
Brilliant 🙂
@ OP
You don't really need a lawyer to tell you if the deal on the table is worth taking. Everyone has a shelf life - just make sure you leave with the right sized charity cheque....
You do need a lawyer to make sure you're not being stiffed in any other way. Your employer should be up front about how much of this they're paying.
You don't have to pay the fees presented to you by your lawyer until you're happy with what they've been doing. Make them explain detail what they've been up to and at what rate.
The "protected conversation" bit is really code for: take this deal or we'll find a way of getting rid of you without paying a penny".
Take the money + reference and walk away head held high. You'll find another job and, before too long, this will feel like a bump in the road. Good luck
OP you want your employer to know you're taking legal advice, you need to use a few key phrases to support your negotiating position. You don't want your employer to think you are wincing at the cost of solicitor after day 1
£1,300 isn't that much for a decent London based employment lawyer, £300-£400 an hour plus VAT. A top solicitor will be £500+
Good luck