Problem at work - Won appeal - What now

spud30

AMILLIONDOLLARS wrote:

You need the advice of an employment lawyer, fast!! I reckon they have found in your favour, for this sort of outcome, they are awaiting your letter of resignation. This is an all important letter, which will be looked over by their lawyers so you need one written in legal jargon, so leave no stone unturned, do you have to go back immediately? if you can get a breathing space of a week to consult with someone, all the better. If you need to see HR, take someone with you.

Good luck

I have spoken to the Family Legal Protection provided by my house insurance.

The lady there said to write requesting a compromise agreement, explaining the difficulties and unpleasantness that would arise if I went back.

I also spoke to ACAS yesterday, and they said to write the same letter.

Tried CAB all day today but they dont seem to be answering the phone :mad:

Do we know anyone on here who knows legal jargon

Murtle

I don't know the legal jargon, but how's it going??Hopefully it's being resolved to your liking??M

MCBIRNIE25

Spud,
i can help you with this if you want?

spud30

Murtle wrote:

I don't know the legal jargon, but how's it going??Hopefully it's being resolved to your liking??M

Hi Murtle love :grouphug:

No, no not going too well.

Basically because I didnt go back, I have been told I have given up any hope of a settlement. The stuck to their end of the deal by offering me my job back :mad:

From what I understand, because I feel I cant go back, I have shot myself in the foot and there is no possibility of a settlement.

Typical ehh. Only I could get sacked, win the appeal and lose anyway

spud30

MCBIRNIE25 wrote:

Spud,
i can help you with this if you want?

Hi MCBIRNIE,

From what I've been advised, I'm a bit beyond help now.

If you know any different, please let me know wont you love x

MrsTinks

uhmmm I think you'd probably found it comes under creative dismissal... or even bullying? hmmm

bargainbetty

Surely you would have grounds for a claim of constructive dismissal at this point - you cannot be expected to go back to the same job with the same person who made unfounded allegations against you. Unless they offer you a comparable salary working in a similar role but not with that person, then you could claim you are being forced to resign.

I would look at that option - CD claims can pay up to £50k, plus almost unlimited punitive damages if you add a successful claim for hurt and distress caused by the allegations.

Get that legal advisor to assess that option.

Good luck x

spud30

Thanks for the replies guys.

I spoke to the family legal people from my house insurance yesterday, and they were quite abrupt about it all.

They said that my employer had upheld their end of the appeal, found in my favour and offered my job back.

As I didnt/couldnt accept the offer of a return to work, they said I have effectively walked away from my job.

Is this not correct then?

whatamess_2

Spud really feel for you,( hug) havent got a clue about that kind of thing.

Somebody should be around who knows.

Would a sick note work? covering the time that youve had off since not going back? If that makes sense.

spud30

Thanks Messy.

Been talking to my OH over a glass or five of wine tonight :beer: . There was no way I could've gone back.

Hopefully someone will come along that could magic me up a settlement, but I did what I had to do for the sake of my sanity. All the money in the world isnt worth riking that is it