WHAT IS A COMPROMISE AGREEMENT?
A compromise Agreement is a perfect solution where both the employee
and employer want to ‘settle a dispute amicably’ and
avoid the stress and risk of a lengthy and costly legal wrangle.
A ‘Without Prejudice
Compromise Agreement’ is the legally drawn up Agreement
that both employer and employee ‘sign and enter into’
in order to part company amicably – as part of an exit strategy.
We have the expertise to help you through
such a process so call us now on 0845 22 55 787
if this interests you.
By stating that it is a ‘Without
Prejudice’ Compromise that you are entering into, you are
stating that what follows cannot normally be used against you
in court as you do not admit liability for the purposes of any
subsequent legal proceedings (See below). The entire approach
tends to be used where an employer and employer (mutually) want
to part company quickly ad with no fuss – under mutually
agreed terms and/or where the parties acknowledge that the working
relationship has come to an end but neither party wants to go
through a risky, costly, lengthy and/or formal process. It is
a solution !
Simply, it's a ‘shaking
of hands and an amicable, prompt, parting’ of ways.
WHAT IS WITHOUT PREJUDICE
(Legal Definition). Without Prejudice is a law phrase
meaning ‘without abandonment of a claim, privilege or right’
and ‘without implying an admission of liability’.
It is often used when a document or letter is labelled ‘without
prejudice’ meaning that what follows cannot be used as evidence
in a court case, cannot be taken as the signatory’s last
word on the subject matter and cannot be used as a precedent.
Contents of such documents normally cannot be disclosed to the
courts but, when a party proposes to settle a dispute ‘out
of Court’ it is the genuineness of the effort that determines
whether the proposal can be disclosed or not and not whether the
words without prejudice were used. When a court case is dismissed,
or a court order is issued ‘without prejudice’ it
means that a new case may be brought or a new order issued on
the same basis as the dismissed case or the original order.
STRESSED? OFF SICK?
PTED : POST TRAUMATIC
EMBITTERMENT DISORDER. Are you feeling distressed? Do
you have PTED? Are you suffering with anxiety and is it workplace
anxiety? Is your distress turning to stress? Are you suffering
with work related stress? Is all this due to abuse at work? Has
your doctor signed you off work? Do you believe your employer
is treating you unfairly? Is someone at work bullying or harassing
you? Are you being subjected to an unfair disciplinary or dismissal
process? Have you been suspended? Is the cost of it all impacting
on your home life and your general welfare?
There is a new disorder being
diagnosed in relation to workplace harassment and bullying: Post
Traumatic Embitterment Disorder. With PTED the victim can no longer
trust anyone around him/her and the trauma in essence consumes
the victim with profound “bitterness” making the victim
incapable of moving on from the incident. We believe quite a few
people are entrapped in their trauma and have been for years.
Does this sound familiar?
WHAT IS PTED.
PTED is a proposed disorder modeled after Post Traumatic Stress
Disorder (PTSD). Some psychiatrists are proposing this as a mental
disorder because they believe there are people who have become
so bitter they can barely function. PTED patients might not fit
the formal criteria for PTSD and can be clinically distinguished
from it, prompting the description of a new and separate disorder.
A German psychiatrist, Michael Linden, has done some groundbreaking
research into this condition and describes its effect on people:
“They feel the world has treated them unfairly. It’s
one step more complex than anger. They’re angry plus helpless.”
He says that people with the disorder are almost treatment resistant
and that; These people usually don’t come to treatment,
or do not respond well to treatment and/or mediation because they
believe the world has to change, not them. This may be one reason
(of many perhaps) why mediation is not always successful in conflict
cases. He believes that 1% to 2% of people
are affected at any given time, and explains that, although sufferers
of the disorder tend to have a desire for vengeance, “…Revenge
is not a treatment. At HR & Diversity Management we believe
the statistics are far higher.
This behavior is so common —
and so deeply destructive – that some psychiatrists are
urging it be more widely identified and acknowledged as a mental
illness under the name post-traumatic embitterment disorder. Embittered
people are typically good people who have worked hard at something
important, such as a job, relationship or activity. When something
unexpectedly awful happens — they don’t get the promotion,
their spouse files for divorce or they fail to make the Olympic
team — a profound sense of injustice overtakes them. Instead
of dealing with the loss with the help of family and friends,
they cannot let go of the feeling of being victimized. Almost
immediately after the traumatic event, they become angry, pessimistic,
aggressive, hopeless haters. This very severe emotional reaction
can become ‘all consuming’ and negative. The degree
of reaction varies.
If any of these sound familiar,
please read on. We may be able to help you. Contact us on 01793
338888 for confidential support and advice.
Alternatively, email us at firstname.lastname@example.org
and ask about our services – or simply read on.
1 in 4 people allege they
are being bullied at work
and 1 in 8 people are
affected by bullying at work
We provide a Case Assessment Service.
We are professional investigators and we mediate where an employment
relationship has broken down. We are able to provide a level of
free support and certainly steer you in the right direction procedurally.
There is a small fee for this but acquiring expert support at
this stage could make the difference between you losing your job
and/or resolving matters.
Call 01793 338888
and ask about our Case Assessment Service.
Note: We are not a Charity and
nor are we a legal firm. However, we have a wealth of employment
law expertise and we are UK leading experts in dispute resolution.
1. Ask about our Mediation Services.
This is a consultancy service provided under the terms of a client
agreement. Your employer may pay for this service.
2. Ask about our our Independent
Investigation Services. This is a consultancy service provided
under the terms of a client agreement. Your employer may pay for
3. Ask about our Case Assessment
Service – this is where we look at your documents and advise
you of your options and then help you through the process.
4. Ask about our Compromise Agreement
Service – this is where we help you to obtain a financial
settlement and part company with your employer amicably.
If you are facing a disciplinary
at the moment, it can be a worrying time. If you have recently
been suspended or even dismissed and you beleive your employer
has not followed the correct procedure, you may be able to do
something about it.
You need to act quickly as, the
general ‘rule of thumb’ requires employees to do something
about it within a three month time-frame. We are unlikely to be
able to help you if you are distressed due to something that happened
two or three years ago. Only therapy or counselling is likely
to help in this situation.
If you have recently, quite suddenly,
lost your job - with no satisfactory written explanation, you
may have been subjected to an unlawful process or even wrongful
dismissal. Does any of this sound familiar? If it does, call us
and ask to speak to an HR adviser.
If you have been made Redundant
and you do not believe your employer has treated you fairly, seek
advice immediately. You only have a small time-frame of 3 months
to take action.
Have any of the above circumstances
(disciplinary, suspension, dismissal, redundancy) occurred because,
in your view, you raised concerns or submitted a formal complaint?
We may be able to help you understand your legal rights and/or
identify a way forward. We also provide Case Assessments and can
help you draw up formal letters.
ARE YOU BEING BULLIED.
If you believe you are being subjected to bullying in the workplace,
harassment, discrimination or any form of ‘less favourable’
treatment – do something about it today.
Are you a victim of Cyberbullying?
Are you being Cyber Stalked?
Do you believe you are being treated
‘less favourably’ at work.
Contact us on 01793 338888 for
confidential support and advice.
DO NOT RESIGN
ASK ABOUT OUR CASE ASSESSMENT SERVICE
Have you been made Redundant
or dismissed unfairly? Worried about your income? We may be able
to help. UK Statistics produced this year by the ILO (International
Labour Organisation) show that 49,000 people lost their jobs in
the three months to November 2010. The total number of people
out of work came in at 2.498m. Whilst this was down from the previous
month, it was higher than the period June to August 2010.
If you are facing redundancy or
dismissal or you are worried about money (such as outgoing costs
and living costs), we may be able to help.
If you have been recently released
(made redundant, dismissed, “let go”), and your employer
did not consult with you, inform you of your right to be accompanied
at the dismissal meeting, inform you of your statutory rights
and put the business case in writing – or fail to inform
you of your right to appeal – then you may have been dismissed
You really should call us, within
3 months of the dismissal, and we will advise you of your rights
and your options from hereon.
HELP WITH WRITING YOUR GRIEVANCE
If you are going through a difficult time at work and it is impacting
on your health, or causing you unnecessary stress, you may need
advice and assistance right now. Everyone has a right to be treated
with dignity and respect. If you beleive you are being treated
unfairly, or if you would like to raise matters with your employer
formally, we can help. We would be pleased to assist you with
writing your Grievance or Appeal Letter and/or we will advise
you on the merit of your case and the options open to you.
Please call us on 01793 338888
or email email@example.com Doing nothing is not an option!
DO NOT RESIGN
Several employees have resigned from their organisation and then
called us. Contact us before you take action.
We have over 12 years of successfully
resolving conflict in the workplace. We understand current (and
past) Employment Law and we provide a complete solution to all
forms of workplace conflict.
Our initial advice and observations
We will not divulge your name
to your employer without your permission.
We will want to help you resolve
the position with your employer and endeavour to avoid expensive
litigation for both you and your employer.
We have a wealth of experience
in dealing with Bullying and Harassment cases and our track record
shows that we have been involved in very few cases that have ended
at an Employment Tribunal hearing.
Please call us on 01793 338888
or email: firstname.lastname@example.org
Are you worried about your job
and your future income? If you are facing
redundancy or dismissal or you are worried about money (such as
outgoing costs and living costs), we may be able to help. There
is a whole host of practical support and advice on this website.
Additionally, on the home page you will find a list of dispute
resolution service providers that may be able to help you.