Is this fair?

JUSTWONDERING_2

I was promoted to a supervisory position a little over a year ago, i was sent on one of those one day seminar thingys shortly afterwards. I've not been mentored or trained or been on any other training courses.

Over the duration of my promotion i was instructed to carry out many tasks i was inexperienced to deal with, some that i questioned but was told they were part of my duties and "i'd be fine". I approached my employer end of summer 09 and requested time off due to stress. I was invited to a meeting to discuss. In the meeting i bombarded with critisisms about how i have carried out my job and what i intended to do about it, the meeting lasted for around 3hrs and consisted of one angry boss and me sobbing pretty much the whole way through. i was granted to my time off but told to use it to reflect on how i would improve things upon my return.

Clearly my time off was spent stressing about returning.

Anyway i returned and nothing was mentioned and things carried on as usual, me given things to do and then critisied afterwards for doing them wrong, even though i'd not been offered any support of training to do the tasks. I also felt very initimidated by my boss and avoided being alone etc.

I eventually decided i couldnt continue with the new role and requested to go back to my old role. I've basically been told my old role is no longer available and my employment has been ended?!

Im awaiting some confirmation letter with an offer of compensation?!

Is this right? They failed to support me to do the job they chose to promote me to (i didint apply they approached me) and now they say my old job has gone and theres no alternative but to end my employment?

any advice would be appreciated please?

jdturk

unless it was stated you were on a trial period then if they say there is no chance of returning to your old role then there is no chance.

They have effectively sacked you, and that they have mentioned compensation they clearly know they have done it completely wrong. Thus go contact ACAS stating what you have put here (whilst leaving the emotive parts out of it, they will only want facts)

I find it strange the company have done it this way as they are leaving themselves wide open at an ET

jdturk

JUSTWONDERING wrote: »

I was promoted to a supervisory position a little over a year ago, i was sent on one of those one day seminar thingys shortly afterwards. I've not been mentored or trained or been on any other training courses.

Over the duration of my promotion i was instructed to carry out many tasks i was inexperienced to deal with, some that i questioned but was told they were part of my duties and "i'd be fine". I approached my employer end of summer 09 and requested time off due to stress. I was invited to a meeting to discuss. In the meeting i bombarded with critisisms about how i have carried out my job and what i intended to do about it, the meeting lasted for around 3hrs and consisted of one angry boss and me sobbing pretty much the whole way through. i was granted to my time off but told to use it to reflect on how i would improve things upon my return.

Clearly my time off was spent stressing about returning.

Anyway i returned and nothing was mentioned and things carried on as usual, me given things to do and then critisied afterwards for doing them wrong, even though i'd not been offered any support of training to do the tasks. I also felt very initimidated by my boss and avoided being alone etc.

I eventually decided i couldnt continue with the new role and requested to go back to my old role. I've basically been told my old role is no longer available and my employment has been ended?!

Im awaiting some confirmation letter with an offer of compensation?!

Is this right? They failed to support me to do the job they chose to promote me to (i didint apply they approached me) and now they say my old job has gone and theres no alternative but to end my employment?

any advice would be appreciated please?

Actually re-reading this if you are still employed by them it maybe that they are offering a compromise to get rid of you. Ie payment for you to leave but not take them to an ET

Can you clarify if you are still actually working for them or not?

sulkisu

Have they said that they are writing to you with an offer of compensation - did they use those exact words? If not, they might simply be talking about money which is owed to you - in lieu of annual leave/notice/unpaid wages as opposed to compensation for their wrongdoing.

Also, when you were given tasks that you couldn't do, what was their response when you asked for help?

JUSTWONDERING_2

jdturk wrote: »

Actually re-reading this if you are still employed by them it maybe that they are offering a compromise to get rid of you. Ie payment for you to leave but not take them to an ET

Can you clarify if you are still actually working for them or not?

This only happened yesterday, they advised me not to go back in and that i'd remain on the payrol until everything was finalised and that i'd have to see a solicitor to officiate something or other. To be honest i was sobbing so im not 100% sure what they said but they definatly said "compensation" indicated a couple of grand tax free asked if i wanted to talk money or if they should put in writting, i said writting (which is about 2 months pay) oh they also said they'd pay for the solicitor?!

JUSTWONDERING_2

sulkisu wrote: »

Have they said that they are writing to you with an offer of compensation - did they use those exact words? If not, they might simply be talking about money which is owed to you - in lieu of annual leave/notice/unpaid wages as opposed to compensation for their wrongdoing.

Also, when you were given tasks that you couldn't do, what was their response when you asked for help?

Defo said "compensation", im not owed any leave etc and only about a couple of weeks money as just been paid.

When i indicated i felt i couldnt do certain things i was told things like "oh its easy" or "you'll be fine" or "1st times the worst" or " i never haid any formal training either" that kind of stuff.

jdturk

JUSTWONDERING wrote: »

This only happened yesterday, they advised me not to go back in and that i'd remain on the payrol until everything was finalised and that i'd have to see a solicitor to officiate something or other. To be honest i was sobbing so im not 100% sure what they said but they definatly said "compensation" indicated a couple of grand tax free asked if i wanted to talk money or if they should put in writting, i said writting (which is about 2 months pay) oh they also said they'd pay for the solicitor?!

Sounds like a compromised agreement, go google it and talk to ACAS. They haven't done anything wrong as they have put you on gardening leave but procedural wise they may have done something wrong.

rupee99

It sounds like they are going to offer you a compromise agreement, that is you will jointly agree that your employment with them has ended, they will give you an amount to cover all monies owing (holiday pay, wages etc) plus compensation for "loss of office" and in return you will give a binding undertaking that you will not pursue the matter at an Employment Tribunal. Your employer have not necessarily done anything wrong and even if they have they are not going to admit to it

The reason that you need to see a solicitor is that for the agreement to be binding you must have received proper legal advice.

JUSTWONDERING_2

Yes it sounds like it is a compromise agreement.

However, im expecting to be taking some statutory leave in the near future and would have received statutory pay for this, up to around 9months. I need to have 6 months employment to claim this but now i wont be able to, is there anything i can do about this?

jdturk

presumably your on about SMP? How far are you of this? You could use this as part of your bartering. Ie ask them for payment of 9 months worth of SMP on their offer?

but go see a solicitor as they can advise better

JUSTWONDERING_2

jdturk wrote: »

presumably your on about SMP? How far are you of this? You could use this as part of your bartering. Ie ask them for payment of 9 months worth of SMP on their offer?

but go see a solicitor as they can advise better

SAP (adoption) so i dont have a fixed date of when it will commence, but defo less than 6 months i would think.