Right, been at loggerheads with my boss at work for several months. In April I started suffering from lower back pain. This was a recurrence of an issue I had 18 months earlier which resulted in me have an operation on my back.
I got signed off work during July and had a further operation on my back at the start of September. My boss visited me today for what I thought was a catch up to see how I was doing on the road to recovery.I’m now able to work from home standing up but able to drive for another 3 weeks.
Anyway he has offered a ‘Compromise Agreement’ for me to leave the company with immedaite effect. Basically its about 2.5 months of salary tax free.
Now I’m keen to persue them for a claim against my back injury.
I work from home a couple of days per week but they have refused to carry out a risk assesment on my work place and also refused my request for a special supportive chair following my previous operation. My physio has told me that this was a contributing factor.

On the plus side I have received a number of call this week already from recruitment agencies and potential employers.

Do I take the money and run, try for a claim against their failure under HS at Work act ?

Own them with some bombers or just piss in there shoes ?

Def speak to a lawyer for proper advice. Sorry!

I am told your employer often pays for this!

Did your original back injury originate at work or on work business?

Fix up somewhere to go and then get made redundant instead – it will look better on your cv and you will have the money…

If your original back injury originated outside work I’d feel abit aggrieved if I was the employer.

They can’t get rid of you (at least, not easily) while you are off sick and if your back injury is caused or exacerbated by their failure to do appropriate assessments etc. of your needs in this regard, then you might be in a position to claim against them.

Then again if you have elsewhere to go then maybe a clean start is better.

Ask for more and see how badly they want this to go away.

The original injury could be attributed to the time I spend in my car for work and also bad posture at work due to laptop etc.

Just looking up details for a loca employment lawyer. The agreement would have to be signed by a lawyer anyway and the company will cover up to £200 for this.

I am keen to get away but I can get out to interviews due to not being able to drive or indeed sit down.

Constructive dismissal? But I’m not sure that you can claim that if they offer to pay you 2.5 months salary. CAB would be my first port of call. I wouldn’t do anything until I had some proper advise with back-up, i.e. and no offense, not STW advise.

The Compromise Agreement will probably have a clause in it which means you will not be able to pursue any kind of claim against your company after you have taken agreed to it.

You need professional advice.

With luck, the professional will go through the case, examine the compromise agreement and tell you where you stand. (Edit – no pun intended, sorry)

You sem a bit confused as to where the responsibility lies in your own health and fitness e.g. if you knew you needed a better seat, and to not hunch over your laptop, but didn’t do anything about it.

Ho hum – you are correct that that the agreement has a clause about not being able to claim against them. Also has a non-solictation clause in it that I wouldn’t be happy about either.

Just going to phone a couple of local firms and see what they say on an initial free consultation.

The payoff money would go towards a nice shiney new bike for sure !

HS at Work? What have they done wrong other than not supply a suitable chair for you? Was the chair recommended by a health professional as required to aid recovery or just thrown in as a possible contributory factor after the pain came back?

I would accept the employer has a business to run and they can’t continue to support you indefinitely – I am sure there is something in your contract to this effect too.

Were you signed off on full pay or statutory sick pay by the way?

Bigjohn – after the initial problem I made the company aware of it but they refused to do anything. I also made them aware of their requirements to carry out assessments but again they refused. There is only so much effort you can put into these things before you say sod-it and just get on with life !
Unfortuntely people disappear in this company so you learn to keep your head down most of the time….

The payoff money would go towards a nice shiney new bike for sure !

Or a decent chair to sit in to protect your back 🙄

There was a very extensive thread just last week on the whole issue of compromise agreements.

They can’t sack you while you’re signed off sick but they can easily dismiss you for being off sick more than is reasonable (loose term really,) once you return. If they did that, you may well have a strong case against them for not having done the risk assessment etc but it’s by no means clear cut.

Yes the compromise agreement is specifically designed to stop you suing them for anything after you’ve left. That is entirely its purpose.

I would be negotiating more than 2.5 months though, assuming your notice period is one month. Start negotiating at 4 months and see what their counter offer is maybe?

They can’t sack you while you’re signed off sick but they can easily dismiss you for being off sick more than is reasonable

How does that work? If you never come back they can never fire you? Nonsense!

so you learn to keep your head down most of the time.

Bad posture.

And personally, I would buy my own chair if I knew that using the one provided would put me in hospital.

And personally, I would buy my own chair if I knew that using the one provided would put me in hospital.

Very good point.

How does that work? If you never come back they can never fire you? Nonsense

We had to do this with someone in my previous company with someone who was consistently off sick and a burden to the business (a small business I might add). We sent a Solicitor-approved letter informing of termination of contract.

TBH we should have never taken her on (**** walter mitty type).

In my limited experience people on long term sick leave are eventually managed out of organisations, usually starting with removal of sick pay, as opposed to sacking, and if really lucky medical ill health retirement, depending on age etc.

Well waiting to hear back from a couple of solicitors now. The MD has just emailed me to say there is no need for me to continue working so I’m assuming I’m back on full pay.

Time to start the negotiations. My current terms are I have to give one month but they have to give me 3 months…..so there offer of 2.5 months isn’t extactly generous.
Guess I won’t get my 100% attendance certificate and £10 bonus this year like I did last year !

geetee – I’ll look the thread up. I’m in a grey area I guess in that I’ve been signed back to limited work by the doctor but not allowed full duties until middle of next month.

Is the 2.5 months on top of the 3 month notice term though?

I think you sound quite stressed, too.

Nope – the offer is of 2.5 months tax free plus payment for outstanding holiday, ie less than my 3 months notice. Seems a strange offer to make but I’m not a legal eagle….

Stressed – just a little bit, it won’t help with my depression either 😉

!

Call me callous, but how can an employer provide a service and keep all their other employees in gainful employment when one staff member has long-term sick, stressed and depressed? Then get a legal case thrown at them if they so much as slip up over the tiniest thing?

(Of course, if the back problems, stress and depression are brought about directly due to unfair working conditions then it would be different).

Well, solicitors booked for the morning 🙂

2.5 months after tax is better than 3 months notice, surely?
in any case, they are trying to get rid, so i reckon there is room manoeuvre in your favour over and above that.
good luck for the future.

Mate, You’re coming across as taking the piss.

The original injury could be attributed to the time I spend in my car for work and also bad posture at work due to laptop etc.

The payoff money would go towards a nice shiney new bike for sure !

3 months…..so there offer of 2.5 months isn’t extactly generous.

Stressed – just a little bit, it won’t help with my depression either 😉

From what I’ve read you’ve had plenty of paid time off sick, which many people don’t get, from an injury that, again from what I’ve read, sounds like it’s zip all to do with work. Now you’re trying to yank their chain for a bit more.

I don’t really see why an employer can be held liable for someone who can’t sit down properly.

😉

Mate, You’re coming across as taking the piss.

The original injury could be attributed to the time I spend in my car for work and also bad posture at work due to laptop etc.

The payoff money would go towards a nice shiney new bike for sure !

3 months…..so there offer of 2.5 months isn’t extactly generous.

Stressed – just a little bit, it won’t help with my depression either

From what I’ve read you’ve had plenty of paid time off sick, which many people don’t get, from an injury that, again from what I’ve read, sounds like it’s zip all to do with work. Now you’re trying to yank their chain for a bit more.

I’m sorry if I come across with a sense of humour ! Just the way I am but I guess when you spend up to 14 hours a day in a car as your place of work it drives you to things like that !

Al – its much harder to fairly dismiss someone while they are off sick – possible but tricky

As I said on the compromise agreements thread treat this as a starting point. If thats their opening offer they must want rid of you badly and know its an expensive pain to get rid of you legally.

How long have you been with the company?

If you are dues 3 months notice tehn 2,5 month compromise agreement payoff is not much.

Negotiate for more. Threaten reporting to HSE for the lack of correct chair / keyboard, ergonomic assessment etc and to tribunal for unfair dismissal. Play hardball.

I bet the offer gets increased.

proving the injury was exacerbated by work will be very difficult and wining a tribunal wont pay much

Get real professional advice tho

Unfortuntely people disappear in this company so you learn to keep your head down most of the time…

Are you off sick from Al Quaeda?

TJ – I will have been with the company for 3 years at the end of October.

One of the other big issues for me is a 6 month non-solication clause in the agreement but certainly nothing in my existing contract.

Well appointment bokked tomorrow morning to see the solicitor so hopefully the ball will be rolling in one direction or another shortly.

Just a pain I can’t get to interviews for another 3 weeks and have had to turn one down already 🙁

johnners – Member

Unfortuntely people disappear in this company so you learn to keep your head down most of the time…

Are you off sick from Al Quaeda?

Erm it certainly feels like it at times. Can’t say I’ll be sorry to leave….

14 hr driving for work days are illegal as well.

Mmm I’d love to hear what my boss would have to say if I put a claim in for a bad back. Which has most certainly been caused by my job! Loss of fluid and degeneration of one of the discs I think, to be fair I stopped listening when he said there wasn’t much he could do!!! I’ve just had to mtfu and get on with it!! Who would a builder need to speak to in these circumstances???

Splashman

IME A well argued/straight case will normally get you at least the cash a solicitor would (after paying their costs), plus you get the money NOW.

I must admit I didn’t realise how common these things were. Guess I have lived a sheltered life after working for the same company for 17 years before this one !

Hmmm nigh on impossible to blame your work for all your back woes and prove it. spinal problems happen and degeneration is more likely to be wear and tear related than car related. I take it your a mountain biker too and probably physically active which all takes it toll. You empathise with you mind, my wife had a discectomy 3 years ago and she was in agony before that for months.

good luck with your negotiations mind.

One thing I’d add, start writing things down, with dates. Every “offer”, every attempt to pay you off or get rid of you, document it.