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  • FIRST POST
    • potterspury
    • By potterspury 16th Mar 17, 9:03 AM
    • 23Posts
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    potterspury
    Lost job and got 3000 through settlement agreement, ok to go back into company?
    • #1
    • 16th Mar 17, 9:03 AM
    Lost job and got 3000 through settlement agreement, ok to go back into company? 16th Mar 17 at 9:03 AM
    Didn't have my contract renewed so got the union involved and got a 3000 on my settlement agreement. I still want to clean out my locker from 3 months ago and go back in and see my co workers. Why should new management stop me from seeing them. Glad to leave job anyway, but liked my co workers. Would it be illegal to go back in without telling management (in the evening when just cleaner and maybe one manager is in) and sort out my locker? And surely going in when everyone's there to meet co workers is fine? The worse they can do is tell me to sign in I guess.
Page 2
    • NYM
    • By NYM 18th Mar 17, 10:36 AM
    • 3,263 Posts
    • 5,574 Thanks
    NYM
    I think the 3000 was well spent because by just reading between the lines, your 'entitled' attitude shines through
    • IAmWales
    • By IAmWales 18th Mar 17, 10:49 AM
    • 572 Posts
    • 1,129 Thanks
    IAmWales
    A dismissed ex staff member tries to enter a school without the knowledge of the management team. They are not a guest (guests are invited), and their motivation for being there makes people feel quite uneasy. The first thing the school should do is call the police.
    • TELLIT01
    • By TELLIT01 18th Mar 17, 11:30 AM
    • 3,433 Posts
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    TELLIT01
    Irrespective of the rights and wrongs of the reason for getting a payout from the organisation, the fact not in doubt is that you left on a less than amicable basis. Any organisation has the absolute right to decide who can, and who cannot, come onto their premises.
    All that will be achieved by trying to go in is confrontation, but I suspect that is exactly what the intent is. As for using a young child as a 'prop' to protect yourself with, that's below disgusting.
    • xapprenticex
    • By xapprenticex 18th Mar 17, 12:18 PM
    • 981 Posts
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    xapprenticex
    Ill be honest, i dont know you but you sound like trouble.
    • lulu650
    • By lulu650 18th Mar 17, 12:57 PM
    • 807 Posts
    • 907 Thanks
    lulu650
    Your legal advisor or solicitor would have talked you through the settlement agreement and there's likely to be a clause stating that belongings from both parties should be handed back. Either your union or legal advisor should be arranging this or giving you advice as to when this will be done. A time should be arranged with management.

    Like others here, I am concerned that you think you can just sign in at reception and wander around the workplace when you are not employed there. Wouldn't reception ask who you were meeting? If you are invited in by an ex colleague I can't immediately see the problem.
    Saving money right, left and centre
    • Savvy_Sue
    • By Savvy_Sue 19th Mar 17, 1:44 AM
    • 37,347 Posts
    • 33,675 Thanks
    Savvy_Sue
    I will get the money next Friday. They aren't going to bother trying to reclaim it once it's in my account- too much hassle.
    Originally posted by potterspury
    I wouldn't bank on that.
    Still knitting!
    Completed: 1 adult cardigan, 2 baby jumpers, 1 shawl, 2 pairs baby bootees,
    1 Wise Man Knitivity figure ...
    Current projects: 1 shawl, 1 baby jumper
    • potterspury
    • By potterspury 19th Mar 17, 9:11 AM
    • 23 Posts
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    potterspury
    A lot of largely silly responses that you get on forums I can see. Will read through for odd decent remarks again and take it onboard. If you want to be listened to write sensibly please!

    Let's make something clear TEFL is largely viewed as a joke job 1000 a month and shouldn't be taken too seriously. Ex employees often go in and see people (but like I said they didn't get 3000). There was one school where the owner's dogs wandered about the place. We're not talking about a professional industry here. Although my company is international and has many schools all over the place. If I hadn't got the 3000 I am also certain no one would have battered an eye lid. People get fired then come back often. There's a high over of staff. I hope that's made it clear what kind of industry it is!

    The other night was invited out with one of my ex-colleagues so met up with the other teachers and one of the managers was there. He left early (possibly because he was the only one who knew about the settlement agreement) and it may have been his mess up that caused it, I don't know. But I worried that if I said to ex colleagues that this had happened then I they would feel awkward to invite me out, I don't know. Shall I just tell people? I was going to wait until next Friday when i hopefully get it.

    Ok will probably forget the idea of popping in with child but arrange to meet ex colleagues outside of work and also email manager about going for the locker. Does that sound ok?

    There's a wise old boy I play football with who's worked there 15 years I will ask him what he thinks.
    Last edited by potterspury; 19-03-2017 at 9:19 AM.
    • TELLIT01
    • By TELLIT01 19th Mar 17, 9:28 AM
    • 3,433 Posts
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    TELLIT01
    Ex employees often go in and see people (but like I said they didn't get 3000).

    The other night was invited out with one of my ex-colleagues so met up with the other teachers and one of the managers was there.

    Ok will probably forget the idea of popping in with child but arrange to meet ex colleagues outside of work and also email manager about going for the locker. Does that sound ok?
    Originally posted by potterspury
    Finally you seem to be getting the message. People leave employment all the time, and return to see former colleagues. That doesn't generally apply to people who have effectively been paid to go away.
    Meeting up with people outside of the former workplace is not an issue, because it's outside the workplace.
    E-mailing about your property still with your former employer is also fine, but they will set the conditions for it either being collected by you or sent to you.
    • potterspury
    • By potterspury 19th Mar 17, 11:44 PM
    • 23 Posts
    • 0 Thanks
    potterspury
    Finally you seem to be getting the message. People leave employment all the time, and return to see former colleagues. That doesn't generally apply to people who have effectively been paid to go away.
    Meeting up with people outside of the former workplace is not an issue, because it's outside the workplace.
    E-mailing about your property still with your former employer is also fine, but they will set the conditions for it either being collected by you or sent to you.
    Originally posted by TELLIT01
    Ok thanks.

    However, I am not sure I was paid to go away. They didn't renew my 1 year contract because they thought I had no rights. They genuinely thought they wouldn't have to pay me anything. And I am sure if I hadn't pursued this with my union rep I would still have been on good enough terms to go in and visit other teachers. I wouldn't have embarrassed them and so why would they have cared.
    My contract wasn't renewed because my popularity with students wasnt too high and I said I didn't want to work in November (this may have caused some annoyance with head teacher only) legally I was entitled to do this as it was zero hours. I committed no gross misconduct and nothing offensive was said from either side.

    But ultimately I exploited the fact that they messed up and didn't renew the contract so I could get money out of them and could've got my job back as well if I wanted. This may have embarrassed management. They will now be worried about just casually firing a couple of other employees who have worked there as long as me incase they do the same.
    Last edited by potterspury; 20-03-2017 at 12:01 AM.
    • potterspury
    • By potterspury 20th Mar 17, 12:03 AM
    • 23 Posts
    • 0 Thanks
    potterspury
    Irrespective of the rights and wrongs of the reason for getting a payout from the organisation, the fact not in doubt is that you left on a less than amicable basis. Any organisation has the absolute right to decide who can, and who cannot, come onto their premises.
    All that will be achieved by trying to go in is confrontation, but I suspect that is exactly what the intent is. As for using a young child as a 'prop' to protect yourself with, that's below disgusting.
    Originally posted by TELLIT01
    Diiiiissguuuusting hahahahah

    You moron, i just wanted to take him in because my co workers wanted to see him!
    • potterspury
    • By potterspury 20th Mar 17, 12:08 AM
    • 23 Posts
    • 0 Thanks
    potterspury
    Your legal advisor or solicitor would have talked you through the settlement agreement and there's likely to be a clause stating that belongings from both parties should be handed back. Either your union or legal advisor should be arranging this or giving you advice as to when this will be done. A time should be arranged with management.

    Like others here, I am concerned that you think you can just sign in at reception and wander around the workplace when you are not employed there. Wouldn't reception ask who you were meeting? If you are invited in by an ex colleague I can't immediately see the problem.
    Originally posted by lulu650
    I read through the agreement. It says about returning property. It doesn't say anything about going back on the premises though. But i guess that is tresspassing and doesnt need to be said?

    Another clause in the agreement says I mustn't talk about the agreement to anyone. Could they ask for the money back if tell people how much I got etc? It would be weird not to talk about it though.
    • stator
    • By stator 20th Mar 17, 12:15 AM
    • 5,525 Posts
    • 3,515 Thanks
    stator
    I read through the agreement. It says about returning property. It doesn't say anything about going back on the premises though. But i guess that is tresspassing and doesnt need to be said?

    Another clause in the agreement says I mustn't talk about the agreement to anyone. Could they ask for the money back if tell people how much I got etc? It would be weird not to talk about it though.
    Originally posted by potterspury
    If you break the agreement they will want the money back. They can take you to court to get it back. You do NOT want that to happen.
    Don't tell ANYONE regardless of how 'wierd' it is. Control yourself and act sensibly.
    Changing the world, one sarcastic comment at a time.
    • takman
    • By takman 20th Mar 17, 12:47 AM
    • 2,155 Posts
    • 1,760 Thanks
    takman
    Ok thanks.

    However, I am not sure I was paid to go away. They didn't renew my 1 year contract because they thought I had no rights. They genuinely thought they wouldn't have to pay me anything. And I am sure if I hadn't pursued this with my union rep I would still have been on good enough terms to go in and visit other teachers. I wouldn't have embarrassed them and so why would they have cared.
    My contract wasn't renewed because my popularity with students wasnt too high and I said I didn't want to work in November (this may have caused some annoyance with head teacher only) legally I was entitled to do this as it was zero hours. I committed no gross misconduct and nothing offensive was said from either side.

    But ultimately I exploited the fact that they messed up and didn't renew the contract so I could get money out of them and could've got my job back as well if I wanted. This may have embarrassed management. They will now be worried about just casually firing a couple of other employees who have worked there as long as me incase they do the same.
    Originally posted by potterspury
    Why would the management be embarrassed?. They wanted you gone and you have gone so they are probably happy. Yes you may have got a measly 3000 but so what? They were probably happy to pay that to get rid of a troublemaker like you. Your students weren't happy work you and you weren't able to work when they needed you too, so it sounds like right decision to get rid of you. Unfortunately they did it the wrong way, they should have just gave you zero hours each week then you wouldn't have got a penny from them.

    Plus your not even allowed to talk about it so nobody else knows what happened so it just looks you were fired.
    • Savvy_Sue
    • By Savvy_Sue 20th Mar 17, 1:50 AM
    • 37,347 Posts
    • 33,675 Thanks
    Savvy_Sue
    Another clause in the agreement says I mustn't talk about the agreement to anyone. Could they ask for the money back if tell people how much I got etc? It would be weird not to talk about it though.
    Originally posted by potterspury
    No matter how weird, you can't talk about it, and if you do, they can ask for the money back.

    Equally, they can't talk about either how much they paid you to go quietly, or why you've left. Although I'm not sure what your remedy would be if they DID talk about it.

    I hope you have an agreed reference from them.
    Still knitting!
    Completed: 1 adult cardigan, 2 baby jumpers, 1 shawl, 2 pairs baby bootees,
    1 Wise Man Knitivity figure ...
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    • nicechap
    • By nicechap 20th Mar 17, 8:04 AM
    • 663 Posts
    • 1,689 Thanks
    nicechap
    Diiiiissguuuusting hahahahah

    You moron, i just wanted to take him in because my co workers wanted to see him!
    Originally posted by potterspury
    You obviously haven't absorbed the rules of this forum.

    Likewise you haven't absorbed what the settlement agreement means by disclosing the 3k offer here.

    I do hope your ex- employer finds out.
    Quote was right and saw into the future.
    • TELLIT01
    • By TELLIT01 20th Mar 17, 8:20 AM
    • 3,433 Posts
    • 3,512 Thanks
    TELLIT01
    Diiiiissguuuusting hahahahah

    You moron, i just wanted to take him in because my co workers wanted to see him!
    Originally posted by potterspury
    Using your own words from a previous post in this topic -
    "Surely if I take my 2 year old to see my coworkers I could just sign in as a guest at the entrance that way I have covered myself?"

    If that isn't using the child as a way to get round not being allowed back I don't know what is, and I still think it's pretty disgusting.

    The simple reality is that you aren't going to accept anything anybody says unless they agree with you, and it doesn't look as if that will happen any time soon.
    • getmore4less
    • By getmore4less 20th Mar 17, 8:23 AM
    • 28,398 Posts
    • 16,979 Thanks
    getmore4less
    MY guess.

    You were not on a zero hours contract even though you thought you were and the contract says it was one you were in fact an employee.

    This means they could not, just not renew.

    One of the few fair ways to not renew is redundancy, but that was probably not the case here and there were no other fair reasons to not renew at that time.

    solution, buy you out, as part of that pay for your silence.

    It's not the money they want keeping quiet its the contract.

    You have already breached the agreement so best to hope they don't find out.

    The smart thing to do is keep quiet about why you left, or make up the story you peddled here earlier, you want to focus on being a window cleaner it pays better.

    While building up the business read up on employment law because successful window cleaners need to scale beyond a sole worker, and you want to do it right.


    You said you were there 5 years that would be upto 2395 statutory redundancy depending on pay.
    • Undervalued
    • By Undervalued 20th Mar 17, 12:17 PM
    • 2,770 Posts
    • 2,509 Thanks
    Undervalued
    I read through the agreement. It says about returning property. It doesn't say anything about going back on the premises though. But i guess that is tresspassing and doesnt need to be said?

    Another clause in the agreement says I mustn't talk about the agreement to anyone. Could they ask for the money back if tell people how much I got etc? It would be weird not to talk about it though.
    Originally posted by potterspury
    Which I told you a while back!

    Did you not read the agreement before signing? If you choose to take the money you accept the terms that go with it. That is what you have done.

    As I also told you, as far back as post 7, if you former employer finds that you have breached the agreement in any way they can claim the money back. It will tell you that too if you take the trouble to read it!

    Unless you have money to burn you need to stop and think!
    • motorguy
    • By motorguy 20th Mar 17, 1:00 PM
    • 14,841 Posts
    • 8,318 Thanks
    motorguy
    Another clause in the agreement says I mustn't talk about the agreement to anyone. Could they ask for the money back if tell people how much I got etc? It would be weird not to talk about it though.
    Originally posted by potterspury
    YES - which was my point earlier, which you tried to dismiss as not going to happen.

    You really need to Let Go - you've got being dismissed changed to a settlement agreement but you're now still poking at it all by trying to envoke some sort of "right" to walk back onto school property to talk to former colleagues and access your locker.

    They seem to have wanted rid of you, and i'm starting to see why. Perhaps 3,000 well spent on their part.
    Regards

    Paul
    • motorguy
    • By motorguy 20th Mar 17, 1:02 PM
    • 14,841 Posts
    • 8,318 Thanks
    motorguy
    I am planning on popping in from time to time in the future so just sign in at reception then I've covered myself. i won't be bullied by (new management) to feel uncomfortable about coming back to a place I was in for 5 years (far more than they've been there) and are not liked either.
    Originally posted by potterspury
    Genuinely - thats the sort of behaviours that WILL get you into a lot (more) trouble and its the sort of thing gets your name in the paper too, especially as its a school.

    Let Go. Move On.
    Last edited by motorguy; 20-03-2017 at 1:05 PM.
    Regards

    Paul
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