New Job/ Work Suspension Dilemma

Queenb_2

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxp

fengirl_2

It is indeed curious that your employer is prepared to pay you to do nothing for 10 weeks and counting. I think your idea of a compromise agreement is a good one, but let your solicitor handle it as they are complex matters.

windswept

We have just been through something very similar with my hubby's job.
You must have amazing inner strength to have lasted this long, it nearly destroyed him.
You have nothing to lose by asking for a compromise deal - my hubby could have gone to tribunal for constructive dismissal but instead he resigned and was "released from his contract" with the promise of good references and a month's pay - he was suspended for over 3 weeks without even a solid reason or anything in writing and it was handled very badly.
He had luck on his side, as while all this was going on, his boss ( who suspended him) and the factory boss were sacked with no notice - however his boss tried to pin everything on hubby right until the end and he ended up going in for a "meeting" that turned into a witch hunt on health and safety grounds - that's when he decided to resign as any evidence that would have proved him right had been "lost" and he later found out that members of his staff had been encouraged to lie to support the false claims against him.
he has been worried sick about references but thankfully his old HR manager has taken it upon herself to handle any reference requests personally and say the "right things".
Have your company gone through proper procedure? Surely 10 weeks is an unreasonable amount of time, if they haven't been able to pin anything on you by now, maybe it's time to file an official grievance and go down the contructive dismissal route?
I wish you luck and hope it turns out ok for you - is there anyone within your company you can trust and ask for references?
My hubby decided to do some temping work to "distance " himself from the firm, (this was before the compromise deal was reached) - he has now had a 2nd interview for a fantastic job and it looks very promising - the recruitment specialist who put him forward has been really pushing him for detailed info about why he left his job and even wanted contact details of his ex- manager for a reference - as if! He was 90% of the reson he resigned!
Thankfully hubby had warned the HR manager that this man was fishing for info. and she will not give contact details - I don't even think it would be legal! How can someone sacked from his postition be trusted for a reference - he tried his best to destroy my hubby's career to cover his own incompetence !!!!!!!
Good luck.

Barneysmom

Good luck, I hope it all works out for you.
I was in my old job for 13 years and by the end opf it I was walking like an elderly lady, my head hung. I was bullied and blamed for just about everything that went wrong, and when I found out one of the girls 'had it in for me' and was determined to get rid of me, I decided for my own sanity I had to look for another job. Funny though, she left shortly afterwards.

It might be a good idea to go for a compromise, but at the end of the day, it's you that have been unjustly treated by them, not the other way round.

You've waited for 10 weeks, it's a long time?
It's hard to predict the future, what the outcome of the hearing will be.
But if you think, and your solicitor thinks, that you have a good case, I'd stand my ground.

Take 5.
Go and sit and quietly think, go to the park and ponder your future, and do what you think is best for you, nobody else, you deserve it xxxxxx

Queenb_2

Thank you for all your comments and support.

I am now waiting for my Solicitor to come back to me as I want her to talk to my employers for me and sort out something to let me go. Hopefully I can sign a confidentiality agreement and go.

Just now have to balance what I can say to new employers ...

marcus45

If they the prospective employer asks you tell the truth as it was. Also your past company cannot say anything bad about you they can refuse a reference or just put on the reference that you worked for them from such a date to such a date..Good Luck

if your that good and you tell your story with vigour and honesty you will win the day and get on with your life

Zazen999

marcus45 wrote: »

Also your past company cannot say anything bad about you they can refuse a reference or just put on the reference that you worked for them from such a date to such a date..

Marcus; yes they can - they can say anything if they think it is factually correct.

omen666

Zazen999 wrote: »

Marcus; yes they can - they can say anything if they think it is factually correct.

No they cannot

Zazen999

omen666 wrote: »

No they cannot

YES THEY CAN AND THEY DO

clairec79

If they can back it up they can say what they like - so for example if you attended smelling of alchohol every morning and had been disciplined they couldn't say 'Tommy's an alchoholic' but they could say 'Tommy received several warnings for being intoxicated on duty'.

Plus if you asked someone for a reference and the employer refused (even to give a 'he worked here between X and Y' that's a pretty clear indicator and most employers wouldn't take that person on

londondulwich

You are both right.

The guiding principle is that an employer has a duty not to mislead the recipient of the reference.

So if it is factually correct that the employee smelt of booze on the afternoon of their last day at work, it would be factually correct and negative to say that the employee has come into work intoxicated. But it would be misleading to say that if that was the only occassion on which it happened and the employer did not make that clear in the reference.