Settlement Agreement Calculator - for Employees Only | Monaco Solicitors

Settlement Agreement Calculator

The settlement agreement calculator gives you an instant automated calculation of the value of your potential settlement agreement (formerly known as a compromise agreement).

Firstly we assume that you have been employed for over 2 years, that you have either been dismissed or forced to resign, and that you have the evidence to prove that the dismissal (or constructive dismissal if you resigned) was legally unfair.

Case feature breakdown

Salary

Everything is based around your salary, because, as with much of life, the more you earn, the more you get paid. It does make sense according to the employment tribunal awards in this country, because in constructive / unfair dismissal cases, a tribunal would only tend to award a successful claimant with an amount of money equivalent to that which they lost whilst in between jobs.

Notice period

We're adding your notice period on the basis that we would often be able to get you a deal whereby you receive payment in lieu of notice, ie you still get paid for your notice period but you don't have to work it. Ideal!

Age

It's harder to find a job if you're nearing retirement age, therefore you would get more compensation if successful at an Employment Tribunal. If you're over retirement age however then you would potentially get awarded less because you were due to retire anyway.

Employees

Bigger companies tend to want to settle cases more, but they have more red tape and approvals to get. Small companies sometimes can't afford to settle a case. The middle ground here is the sweet spot.

Years worked

A slight increase for number of years worked, simply because you've probably forged more loyalty from your employer work, and your level of knowledge about the company might be greater too so things like handovers are more valuable. Also you might know where all the so-called bodies are buried!

Redundancy

We've drawn a distinction here between situations where its just you going and where others are going too. If its just you then it is still a bit more difficult to argue against than other cases because they will have put together a 'business case' for getting rid of you, even if we all know that its all completely made up. If others are going too then its often super difficult to negotiate a high amount because lets say the whole department is being outsourced abroad, well, how do you prove that its a witch hunt against you personally?

Grievance

A slight increase here, because it shows that you are serious and have something to argue about but at the same time its not a hugely difficult obstacle for them to overcome.

Discrimination

Only a slight increase here, because discrimination is very difficult to prove in practice.

Already left or in a new job

If you've already left then this is a serious blow to your chances of getting a decent settlement. There's no need for them to pay you off to get rid of you is there? If you've already got another job, this is pretty much the final nail in the settlement coffin because you can't even claim that you have suffered any loss of income.

Tribunal

If you've issued a Tribunal claim then it does make you look more serious. On the other hand you may have burnt some bridges, including any rapport with HR, and its now gone up to the legal department, and sometimes legal think that they have to win every fight.

Disabled

A modest increase here because normally you are able to do your job properly, but then again it is easier for them to make your working life harder, and it can be harder to get another job too.

Whistleblowing

Tricky one whistleblowing, because sometimes its counter productive. Companies, especially big ones, feel obliged to fully investigate, and of course defend any allegations of unlawful conduct. They are scared of paying you off in order to hush it up - the so-called gagging clause. Because what if word gets out and you go to the press anyway? Then they've made it look worse for themselves by paying you to keep your mouth shut. We've given a slight increase for whistleblowing anyway because with the right lawyers you can subtly hint at these things, or keep them verbal, and use that to leverage a good deal.

PIP

If you've been put on a performance improvement plan this can actually be a bit of a godsend. Think about it - they're going to have to pay your salary for the duration of the plan, so they might as well pay you that now just to get rid of you. Also all the wasted management time and potential legal fees too - why not suggest that they just pay you that now to leave quietly. Don't forget to get an agreed reference too!

Disciplinary

A serious decrease for this, as no doubt your employer would try to use this against you (regardless of whether it's justified or not).

On sick leave

Short term sick leave can help your case as it may be that their behaviour is making you ill and frankly also you may well still be getting paid to be off sick. Long term sick leave makes your case harder to fight because firstly you're probably not being paid anyway (so why should they start paying you now) and secondly they could argue that you are not capable of working.

Commission / Bonus

We've taken into account some of your bonus, but not a huge amount, because often these things are discretionary and difficult to argue that you were contractually entitled to it. Commission is a different matter though - we've allocated a bigger chunk of your commission because normally commission is contractual. Lets face it they will probably find some way to dispute the figure, right? So we haven't given you 100% of this.

Public sector

In our experience, many public sector organisations have a policy that they won't negotiate with employees. This means that you have to sue them in the Employment Tribunal, which is fine, but it does make life more difficult.


Next steps

If you want to talk to us about your work situation, including your next steps and whether you deserve a better deal, just get in touch on 020 7717 5259 or request a free 15 minute consultation, no obligation.