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Anybody Well Versed With Employment Law/redundancy Here?

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Iggle Piggle | 19:27 Fri 28th Dec 2012 | Law
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I was made redundant in October under dubious circumstances... After some legal advice I signed a compromise agreement.
I have now found that my job position has been filled...
Am I barred from taking legal action due to the compromise agreement or is this a tortious step by the employer ??
I see more legal expenses coming my way ...

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Perhaps you need to look at the fine detail of your compromise agreement first. Does it include a 'no comebacks' paragraph?
I bet you find that it does.
Bottom line, have you got the payout? And are you confident that taking legal action will lead to you gaining or losing - don't forget to broker in the personal stress it will undoubtedly entail.
You say you had some legal advice. What were you told, & can you go back to them & ask for further advice in the light of this change in the position?
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I will hot-foot right back to my legal adviser on Monday but thought I'd sound out a few thoughts and options from here first. There is a 'no comebacks' clause in the compromise agreement but I think I can see a chink in the armour.
But what are you after? - your job back?

Compromise Agreements (under which the employer usually stumps up the cost of providing independent legal advice for the employee - that's an ACAS requirement, to ensure your options were properly explained to you) are intended to create a clean break on both sides, for which you will have received some dosh.

You are not yet outside the 90 day period under under which a claim would have to be lodged at an Employment Tribunal for unfair dismissal, but with very few exceptions a Compromise Agreement is set so that you will have waived your rights to any comeback at ET.
You can ask your legal chappy if you are an exception.
I think you will have done well to get a Compromise Agreement rather than the standard redundancy. If there was something dubious about it not being "true" redundancy then in a sense the employer has admitted that already and offered you the settlement you have.

That leaves you both free to move on, you to have a good reference and them to replace you. I'm guessing the relationship wasn't a good one but you have the maximum that was due to you I'm afraid.

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