Employer pressuring me to sign a settlement agreement

Discussion in 'Employment & HR' started by Im_a_recruiter, Dec 14, 2017.

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  1. Im_a_recruiter

    Im_a_recruiter UKBF Contributor Free Member

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    Following me raising a grievance on sex discrimination on 17th November, I was dismissed from my position on 6th December for apparent poor performance.

    I have stated my position to them and I've asked that we have a without prejudice discussion around a settlement agreement. I asked for a years salary (I expected I would be negotiated down to 6 months), and they offered me 1 week pay. They also said (and I have this recorded!) that I had messages backedup on my laptop that was removed from my possession on the day I was dismissed and that they were very disturbed with the messages they read and that I was trying to organise to have my colleagues killed!! I suggested that if they wanted to make accusations like that, they provide some evidence but she said she didn't have the screenshots to hand.

    I was given overnight to think about the offer (I had the call with her at 8pm) and then I asked for an extension of 1 day to discuss it with my husband properly. She has refused and said she wants an agreement today. I also asked her that she ensure that the photos on my macbook would be deleted. I explained that I hadn't realised they were backed up from my phone and that they were highly personal (photos of me tracking my recent weightloss on a weekly basis with front and side shots - naked!) - and she refused and said she would ensure they were deleted once we had come to an agreement.

    Where do I stand with this?
     
    Posted: Dec 14, 2017 By: Im_a_recruiter Member since: Mar 28, 2015
    #1
  2. Newchodge

    Newchodge UKBF Big Shot Free Member

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    When you sat 'my laptop' do you mean a laptop that is your personal property, or do you mean a laptop that was supplied to you by your employer for work purposes?
     
    Posted: Dec 14, 2017 By: Newchodge Member since: Nov 8, 2012
    #2
  3. Im_a_recruiter

    Im_a_recruiter UKBF Contributor Free Member

    47 1
    It was provided by the employer for work purposes. But we are permitted to use it for personal use with no restrictions applied. I had my iphone synched to my Mac but hadn't realised that my personal photos were also synched.
    The messages they are referring to are iMessages, also synched between my iPhone and Mac.
     
    Posted: Dec 14, 2017 By: Im_a_recruiter Member since: Mar 28, 2015
    #3
  4. Newchodge

    Newchodge UKBF Big Shot Free Member

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    You need to talk to an employment lawyer.
     
    Posted: Dec 14, 2017 By: Newchodge Member since: Nov 8, 2012
    #4
  5. Im_a_recruiter

    Im_a_recruiter UKBF Contributor Free Member

    47 1
    I’ve literally just signed an agreement with someone today but I haven’t had a call yet to give him instructions on the case.

    Do you have any idea if there’s something unfair here? I don’t feel like I should be pressured into accepting anything and for my privacy to be used as bait
     
    Posted: Dec 14, 2017 By: Im_a_recruiter Member since: Mar 28, 2015
    #5
  6. Newchodge

    Newchodge UKBF Big Shot Free Member

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    That sounds unfair, but you need someone who can look at the entire case and give a proper opinion.
     
    Posted: Dec 14, 2017 By: Newchodge Member since: Nov 8, 2012
    #6
  7. Im_a_recruiter

    Im_a_recruiter UKBF Contributor Free Member

    47 1
    Thank you. I had already briefed him on the rest of my case but this is a new development. He said he feels I have a strong case as the discrimination and bullying is documented.
     
    Posted: Dec 14, 2017 By: Im_a_recruiter Member since: Mar 28, 2015
    #7
  8. STDFR33

    STDFR33 UKBF Big Shot Free Member

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    Posted: Dec 14, 2017 By: STDFR33 Member since: Aug 7, 2016
    #8
  9. ethical PR

    ethical PR UKBF Legend Free Member

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    Then follow his advice that's what you are paying an expert employment lawyer for.
     
    Posted: Dec 14, 2017 By: ethical PR Member since: Apr 19, 2009
    #9
  10. AllUpHere

    AllUpHere UKBF Ace Free Member

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    If the pics are on the laptop due to syncing with phone, can't you delete the pics from iCloud so that they then disappear on the laptop next time it syncs. If you have left your laptop 'logged in', you have all sorts of privacy problems.
     
    Posted: Dec 14, 2017 By: AllUpHere Member since: Jun 30, 2014
    #10
  11. Im_a_recruiter

    Im_a_recruiter UKBF Contributor Free Member

    47 1
    They asked me to leave it open but I thought I had cleared everything personal from it. What I didn’t realise was that when I then started messaging people from my iPhone that it was syncing to my laptop! I clearly didn’t do a good job of clearing everything however I had just been terminated in an ashoc meeting so I was a bit emotional and wasn’t really thinking straight, and I was keen to get out of that office as soon as possible.

    I change my Apple ID, password and deleted that device, but they’ve obviously been able to access all messages on there.

    We don’t have an IT policy, the organisation I work for is very open so we don’t have any restrictions at all - or working hours. My solicitor has since advised me that they cannot hold those photos and that they should never have read my personal messages. The HR woman has even mentioned it in the email she sent to me.

    I’m going to let the solicitor deal with it. He said if needs be, he would get the ICO involved.
     
    Posted: Dec 14, 2017 By: Im_a_recruiter Member since: Mar 28, 2015
    #11
  12. obscure

    obscure UKBF Ace Free Member

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    Don't agree to anything until you have had time to speak with your solicitor properly. Using the threat of exposure of your private information/pictures to coerce you into signing an agreement is almost certainly not legal.
     
    Posted: Dec 15, 2017 By: obscure Member since: Jan 18, 2008
    #12
  13. Im_a_recruiter

    Im_a_recruiter UKBF Contributor Free Member

    47 1
    Thank you, yes I told her I would agree to it and that I was in the process of instructing my solicitor.

    She also tried to tell me during the call I had with her that I was made redundant due to a restructure and I had to challenge her on that as I was told that I was dismissed due to poor fit and poor performance. It’s nust unbelievable.

    I feel so violated about my private messages. Apparently it was a colleague of mine that got my laptop and not the IT dept and he has sat and read all my messages and shared them with the team (or at least parts of it). I’m sure they’ve all had a laugh and a look at my highly personal weightloss photos too. It feels like the 9 men are still hanging up on me and I’m not even there!

    I can’t see how this can be allowed to happen and how the HR woman can almost condone it.
     
    Posted: Dec 15, 2017 By: Im_a_recruiter Member since: Mar 28, 2015
    #13
  14. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

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    deleted
     
    Posted: Dec 15, 2017 By: Chris Ashdown Member since: Dec 7, 2003
    #14
  15. okanda

    okanda UKBF Newcomer Free Member

    11 2
    get some legal advice from employment lawyer
     
    Posted: Dec 21, 2017 By: okanda Member since: Dec 14, 2017
    #15
  16. Richie N

    Richie N UKBF Big Shot Free Member

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    I can recommend a good employment lawyer if you need one (I work in Recruitment too).
     
    Posted: Dec 21, 2017 By: Richie N Member since: Nov 1, 2006
    #16
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