Suspended During Grievance

bubblegum1985

What do you think of the offer?

SuzyZ

Just out of interest I am not employment law expert but is he offering you this package so you DO NOT return to work and also so that you DO NOT bring a disciplinary against them, eg drop the meeting for that etc?

How long have you been there? not had time to recall whole thread.

It is a bit daft of them saying "we'll win" when it comes to gross misconduct because IIRC from what you've said here (your gross misconduct comment) you said it to someone else off the record and out of the office.

Sounds to me as if CD has made a fuss, doesn't want you there, considers you a trouble maker and the company as a whole think you're best dealt with quickly. Sounds as if, if you DID mention all your "wants" and "complaints" - a long list - they decided to get rid of you now, as you'd most likely be a thorn in their side.

It'd be interesting what your employee manual states eg gross misconduct, Final Written Warnings etc and depending on length of service what route they'd have to go down.

As you do say though, maybe best to cut your losses entirely and just get out and find another job.

But as another poster said a good reference is great. The money is great also but sounds like a "sweetener" to me. I'd say also to include any holiday pay you're owed etc on top.

Good luck whatever you decide.

kelly_borntoshop

i am not sure because i dont know if i have any strength in where i am standing, from what i can see they hold the cards.

waiting for daisy to come on, she is holding my cards ;-)

kelly_borntoshop

lets just say i dont get this other job.

with that months wages will it be taxed?

and why offer me a months "wages" is that because i pay the tax rather than them? is that my "notice"?

i will have to pay my childminder for 4wks notice which is £700. i will get half back (i think coss its still classed as employed by tax credits?).

then any legal fees above the £250 which if taxed will bring my total to approx £1550.

then out of work for how many months? who knows!

cant help but think its a little feeble but it's still better than a court case for gross misconduct.

kelly_borntoshop

oh! i forgot to mention i got my statement of particulars, some things are rather off but may not matter now?

it states she can fire me for any reason she likes at any time within the first 2yrs?

Uncertain

kelly_borntoshop wrote: »

lets just say i dont get this other job.

with that months wages will it be taxed?

and why offer me a months "wages" is that because i pay the tax rather than them? is that my "notice"?

i will have to pay my childminder for 4wks notice which is £700. i will get half back (i think coss its still classed as employed by tax credits?).

then any legal fees above the £250 which if taxed will bring my total to approx £1550.

then out of work for how many months? who knows!

cant help but think its a little feeble but it's still better than a court case for gross misconduct.

If you have a contractual entitlement to a month's notice then it is taxable. If your entitlement is only, say, a week then arguably the additional three weeks may be tax free.

The firm would normally pay the solicitor direct so income tax doesn't come into that.

It wouldn't be "a court case for gross misconduct". If you don't agree a CA then, by the sound of it, they will dismiss you.

If they argue it is gross misconduct then they would not have to pay you notice but would still have to pay any outstanding holiday.

If they feel it is just misconduct (i.e. not gross) then they must either let you work your notice of pay you in lieu.

If they do either you could, if you wish, file an employment tribunal claim for unfair dismissal. Whether you would win or not is debatable. However, initially ACAS would attempt to broker a settlement which would be similar to a compromise agreement (called a COT3 agreement). This could include a reference.

If it goes to tribunal, even if you win, the firm cannot be ordered to provide a reference. They may be ordered to pay compensation.

I'm sure Daisy will give you the same advice shortly!

Uncertain

kelly_borntoshop wrote: »

it states she can fire me for any reason she likes at any time within the first 2yrs?

Unless your started work after April 2012 (and I don't think you did) that is nonsense.

justanopinion

How do you feel about it? Did you ask for the compromise agreement or did they put it on the table, as it were?

What they are proposing is to pay you your notice, which is taxable, and an ex-gratia payment of £1000. That is not taxed.

Have they given you a time frame?

Ultimately, if you don't want to go back, it would be a negotiation from here and actually you hold more cards than them. They want you to go and they would, IMHO, be daft to pursue the disciplinary and go down the gross misconduct route. If it was gross misconduct, they should have acted on it way before now.

kelly_borntoshop

i am reading this "statement of terms of employment" and it is hilarious - its a fill in the blanks (to which in places they have left in the suggested word for the blanks)

if you are absent from work you must notify your absense as soon as possible but no later than 9am on the end of the first day of absense (lol) - the company doesnt open its doors till 9, some days later due to traffic.

justanopinion

Keep laughing at it honestly... the amount of backtracking and posterior covering they are trying to do is entertaining!!