Problem at work - Won appeal - What now

MinnieSpender

spud30 wrote:

I havent really seen may of them since I was suspended.

A couple of them acted against me as witnesses at my appeal, and had obviously been told what to say. Unfortunately, their evidence hadn't been researched properly, and I could answer every question.

Well that's good news. Hang onto that. You may need to ask for witnesses to act for you - although I realise that's not necessarily possible.

And, as harsh as it may seem, make a note of any spite/nastiness from them in your diary. It's all evidence.

Emmzi

A 'compromise agreement' is where they 'let you go' but it isn't being sacked or redundancy - it's just an agreement that they'll give you cash and a good reference if you stop working there.

If it gets to that stage, PM me... I've helped a few mates through the process (not an employment law expert but I know what to ask them for in it!)

kiwigirl

Hi

Just catching up with thread, if you don't want to go back a comprimise agreement sounds best, seek legal advice, constructive dismissal route, with compensation and good reference as you do not feel that your life would be worth living if you were to return to working with her again (and with other colleagues who didn't support you).

But at end of day it is your decision, you've had a lot of good advice on the board and I wish you well on whichever decision you make.

mummytofour

I dont know anything about this type of situation. However, I would stay in the new job, sounds like you are enjoying it, life is to short, to spend your working hours in an unhappy place.
You already said that your a much happier Mummy since not working at the old place.
Dont forget what goes around comes around...............

spud30

Thanks guys. :beer:

I really dont want to go back. My kids have just voted that I shouldn't, but a kids view of the world is different to an adult one isnt it.

If I didn't have any debts, I wouldnt even consider going back, it's the money side of things that makes me think otherwise.

As you say Mummy, life is short, and being a happier, nicer mum is priceless really isnt it. :T

Any advice on compromise agreements and constructive dismissal would be very much appreciated.

Xbigman

You need to see your HR department and find out why they have decided you were in the right. There may have already been action taken against the one who tried to sack you, or they may have just decided getting rid of you was too much trouble. Until you know the actual result of the investigation you cannot act.

If you have won completely then you would have the right to protection from any nastiness. If they simply give up trying to sack you then you should hand in whatever notice you need to give and go, citing constructive dismissal. Then take them to a tribunal.

There are quite a few buts in there though. You were suspended but won, so you should be paid for the time off even although you have another job. You need to give notice, even if using constructive dismissal, and it would be hard to go sick with stress if you have another job that you are attending. Could you take any accrued holidays as notice?

Bottom line, please do not just resign. You were in the right and should not lose out because of it.
Regards



X

halloweenqueen_2

Good luck to you Spud, at least you picked yourself up and got another job but you need to see off the old job completely! Find out all the bits of info you need and then see if you can get a pay off. Surely after all the crap you took they don't expect you to go back and work with such a spiteful bunch, its just not feasible. I think in the days of someone getting £800K for hurt feelings, they ought to think very carefully about their future plans for you.
Hope it all goes well and you get what you want.

spud30

Thanks HQ.

I didnt have much choice but to get a new job quickly, bills needed paying etc. With a dismissal on my record, I just had to take what I could, but I do love what I'm doing now. :j

It would appear they do expect me to go back, despite them putting me through all these months of hell.

Thank you for your good wishes. I think I need to plan my next move really carefully, dont you

X,

They've basically said, that what I was found guilty of didnt merit gross misconduct or instant dismissal, just an official warning. Is that what you mean?

I understand when you say dont just resign. I have come close to giving up on the whole process so many times.

I did have around 4 weeks annual leave owing to me but have to give 3 months notice.

It's strange isnt it, its the decision I was hoping for but never believed I would get. Now I have got it, I'm beginning to wonder if it was worth fighting for.

Mike_St_Helens

Hi spud, You have give me some great advice, your niche is in counselling !!

You dont work for MBNA do you..... I have history !

spud30

No, not MBNA.

Thanks for that though Mike. I think I'm too soft for counselling, I would take all the problems home with me and have sleepless nights I think :rolleyes: