No reply to request for a settlement agreement

Tubberadora

I hope this is in the right forum. I was between here and the Work Problems forum. Feel free to move if inappropriate.
Sorry but this may be a bit long winded. I want to give as much detail as possible without giving too much if you understand.
Feel free to ask questions if anything is unclear.
Here is my story.

I have been working as a manager in a small business for 7 years. Around a year ago a relation of the owner started working part time. Since last December things have changed. The owner wants to retire and wants the relation to take over. My hours have been cut, my role questioned, bonus cut, leave requests denied. I confronted the owner about this and was told that the relation should be doing the job I do. I requested redundancy but was told that the door was open and I could leave but I would not get a penny. From that moment on I felt I was being forced out. Things came to a head in mid March and I went out sick on stress related illness. Two days later I got a letter from my employer stating that they were appointing an external mediator to resolve issues. This was fine by me. It was delayed on their side on a few occasions citing health reasons. Meanwhile the relation has assumed my role.
The mediation is off due to one of the owners health and I am left in limbo. I requested that I be left go by mutual consent and that I be compensated for my being made redundant.
After 2 weeks I had heard nothing so I contacted the owners again. They said that their own health was priority and would not be replying, and that if I wanted to leave, go ahead.
My question is are they obliged to reply one way or another and what would be a reasonable time frame?
I am thinking of going down the constructive dismissal path but I would be much happier to leave amicably with a reference.
Anybody have any opinions?

Pat Mustard

I'm generally of the opinion that people are better off taking steps to ensure that they end up in a job which makes them happy rather than persisting in an unpleasant situation.

It should also be borne in mind that many actions/complaints in employment related issues have very short time limits.

As you know, if you need advice relating to employment issues, you should speak to a solicitor, as legal advice is not allowed here due to the forum charter.

Tubberadora

Thanks for the reply. I know what you mean about getting out off situations that make you unhappy. That is what I'm currently trying to do. I was for mediation, willing to give it a go, but it feels that it was never my employers intention as they keep postponing it. They have previous when it comes to unfair dismissal so I think they want to be seen to do the right thing.
Maybe I should just give in and walk away but after 7 years I feel I deserve a bit more respect.
Anyway back to my original question. How long is a reasonable time for them to consider my proposal and reply to me?
Would their health issues have a bearing on it from a legal point of view. Ie is it a valid excuse?

Pat Mustard

It appears that your employer has already indicated that he will not be replying.

After 2 weeks I had heard nothing so I contacted the owners again. They said that their own health was priority and would not be replying, and that if I wanted to leave, go ahead.

It appears from the above that there may be no immediate intention to appoint a mediator. Therefore, I think that it may be decision time for you. You have a number of options, not limited to those below:

• You could ask your employer for a good reference and attempt to find another job. This may present the most painless way out, depending on all of your circumstances. You could then consider seeing a solicitor about your rights, making sure to observe time limits in relation to complaints/actions against said employer.
• You could see a solicitor now and find out your rights. You could then make a decision about the necessary course of action; whether it would be better to consider legal action now and seek alternative employment later, or if it would be better to seek alternative employment now and consider legal action later.
• You could remain in your employment, which seems to be an unsatisfactory situation.

If you are unsure about what you want to do, I think that you would be better off getting as much information as you can to assist you in your decision, meaning that you should get a recommendation for a solicitor who is good at employment law work, gather your papers and go to see him/her at this stage.

Tubberadora

Sorry for the confusion. As I said its a long story. A mediator was appointed and had been in touch. Just when things were about to happen they postponed it citing health reasons. No further date was given.
When I asked what happens in the meantime I wasn't given an answer. I was to be left in limbo till they said so. I then suggested the settlement. After two weeks no answer I queried it only to be told I won't get an answer due to their health problems. Is this reasonable?
I have got legal advice but have not been given an answer as to whether the employers can continue to put off everything on health grounds.

Pat Mustard

I don't know if there is a mediation clause in your contract. If there is, you should check it. You would be better served by asking your solicitor check it for you.

I realise that you have repeated the same question about whether the delay in replying is reasonable or not but I have not answered it for two reasons:

First, unless mediation is binding, I wonder if it is a red herring. If is is non-binding and if it is an attempt to resolve matters amicably, your employer doesn't appear to be terribly interested. I will add that I have not seen your contract to know whether mediation is supposed to be binding and, in fact, I do not know whether you even have a written contract.

Secondly, I think that the specific question is a request for legal advice. We can't give legal advice on this forum, due to the forum charter.

Tubberadora

I don't actually have a contract. I understand that you can't give legal advice. I think the employers are just dragging it out in the hope I will give in and leave. I'm not prepared to do that after the way I've been treated. I had hoped to finish things in the easiest way possible ie mutual agreement leave with a reference etc.
Seen as it is looking like they could drag things out as long as they wish I am probably looking at a legal case.
Does that make sense?

Pat Mustard

Yes. That makes sense.

Tubberadora

Pat Mustard wrote: »

Yes. That makes sense.

Thanks very much for all your replies.

rock22

I think you should consider a request to the Rights Commissioner Service. See here

http://www.lrc.ie/document/More-on-the-Rights-Commission/4/745.htm

You can make the complaint yourself and they are helpful