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Opinion: On the Campaign Couch ... with JB.(Jeremy Bullmore)(Column)

Campaign

| January 09, 2009 | COPYRIGHT 2009 Haymarket Business Publications Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Q: Dear Jeremy, towards the end of last year I was unfairly dismissed. In the following months, the agency HR department has made a complete dog's dinner of trying to cover this up, leaving me in a very strong position for negotiating a pay-off or contesting a tribunal.

However, I'm keen to have my day in court because it will give me a chance to put across my side of the story, expose the questionable practices of my employers and might help others. Do you think it will be worth it or should I just take the money and run?

A: Let's just think about that day in court. Will it, I wonder, be the day of your dreams - or will it be like most days in court?

In your dreams, thanks entirely to your immaculately logged and presented evidence, your ex- employers are exposed as incompetent rogues. Their defence is incoherent, their demeanour pitiful, their humiliation total. The court congratulates you on your mastery of employment law and awards you full costs and the highest compensation ever recorded. As a direct result of the resultant publicity, you're offered seven jobs, all at higher levels of remuneration than the one from which you were so disgracefully dismissed.

However, most days in court aren't a bit like that. Although it will be confirmed that you were unfairly fired, it will also become clear that they couldn't wait to get rid of you because you were widely thought to be poisonous. Your recourse to the law will be seen as vindictive and money-grubbing. You'll be left with little money, no reputation and no prospects: an unpropitious start to the worst year for employment since 1929.

If your case is as good as you believe it to be, resist the temptation of a high noon moment and trade it in for an immaculate reference That's what you should ask (and if necessary, demand) of your ex-employers. Take the money, too, of course; but that piece of paper will be a great deal more valuable.

Q: I'm a marketer and recently put my business up to pitch and, after a hard-fought battle, retained my agency. However, I know there have been rumblings recently about dissatisfaction with this happening more and more - with agencies even going so far as suggesting the client pay the losing agencies a penalty ...

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