I am having huge problems at work and I am wondering whether or not to take my employer to court. I am now signed off work with stress, having suffered many months of discrimination by my line manager. I do have my union involved and they say it would be much better for all parties concerned if I were to take a Compromise Agreement, ie. by leaving my job within the next 4 weeks and having my salary paid through to Christmas.
My initial response is “Why should I?” I feel a sense of injustice in that I am being forced out of the job I love. If it weren’t for this one person, I would be able to carry on doing what I do – and doing it well.
Apart from this, there are no other issues. From what I understand of the Equality Act 2010, this is a clear-cut case of direct discrimination. It does seem unfair to my colleagues that the person who did this to me has ‘got away with it’, but I must think of my own family, and my health too. What do you think?
Marjorie, I think you have already arrived at your own answer in that a Compromise Agreement might be the way to go. This involves an agreement signed by all parties ensuring confidentiality, an agreed sum, a good reference and anything else which has been agreed.
The confidentiality bit does mean they “get away with it”, but as you say, you need to think of yourself first. Your union obviously thinks this is the better option too.
But if you wanted to go to an Employment Tribunal, then you might need another opinion first, perhaps from a solicitor who specialises in employment issues.
If you have a strong case, then ask yourself whether it is in your best interests, bearing in mind that taking an employer to an Employment Tribunal is always a painful and lengthy process. Even if you do proceed, the company will often try and seek an out of court compromise, as this will save them money. I am sure that the RAD Legal Services Team will have useful comments of their own to make.
Of course, it all costs money, and either way, will involve painful times for you. Good luck.
PS. Please note that legal advice for work discrimination issues should be sought from a qualified employment solicitor.