Suspended During Grievance

kelly_borntoshop

justanopinion wrote: »

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.

yes they put it on the table. i feel like a weight is off now. my stomache has stopped churning for the first time in months.

no time frame, just consider get back to me. i can go through FM which is a relief.

kelly_borntoshop

your employment with us commenced November 2011.

termination and notice period:

either party can terminate your employment in the first two years of employment by giving one week's notice in writing. After that time, either of us can terminate your employment by giving written notice of one week for each complete year of continuous employment, up to a maximum of 12 weeks notice after 12 years or more.

we may at our discretion terminate your employment without notice and make a payment in lieu of notice

Nothing in these terms and conditions prevents us from terminating your employment summarily without notice or payment in lieu in the event of ross misconduct or if you commit a serious breach of your obligations as an employee.

when you read this you might think they want to dismiss me huh? lol

justanopinion

Glad you are feeling better. Whilst you are considering it you remain on full pay - what's the proposed termination date they have given you?

Realistically, it would take a couple of weeks to negotiate the reference etc, amend any clauses.

Does the comp agreement look as unprofessionoal as the contract out of interest?

justanopinion

They cannot even get that right on the contract - the 2 year rule was April 2012 and your hire date pre-dates that.

kelly_borntoshop

i dont have the agreement as i said i would consider it, though he made me aware it was something they got off the net but is legal.

kelly_borntoshop

they had my grievance on the desk - it had notes on, i asked if i could have a quick refresh. it was covered in comments like "rubbish" with little arrows etc etc.

kelly_borntoshop

your normal working hours are 9.15 - 4.45 mon-fri inclusive of lunch break of 30mins. you may be required to work such additional hours as are necessary for the proper performance of your duties without extra remuneration.

yeah that was never agreed.

kelly_borntoshop

disciplinary and grievance procedures

if you wish to appeal against a disciplinary decision you may apply in writing to CD in accordance with our disciplinary procedure.

if you wish to raise a grievance you may apply in writing to CD in accordance with our grievance procedure.

what procedures? and where?

justanopinion

Something they got off the net. Oh dear.

OK - if you want to go, this would be my plan of action and what I would do.

Put aside the grievance and the disciplinary and who said or did what. None of that is now relevant. Your priority is to look after yourself and your future.

Next Monday I would write to them/email them and say I was not averse to the compromose agreement, but that as employers they must understand that you need to get the legal assistance that makes it binding. Advise them that you have made prelimary enquiries and that £450 is a more realistic amount for legal advice. Get them to give you a daft of the comp agreement and then go to a solicitor - explain the situation.

From that point, you will no longer speak to them - the solicitor will.

I would advise asking for more as ex-gratia (economic times, post xmas).

From a reference point of view - have the exact wording agreed and in the comp agreement. My experience is something simple works better, not the overblown xxx did a great job etc. If I get a reference back like that, it just smells like a settlement...

something like Kelly was employed as xxx from x date to x date and her reason for leaving was resignation.

Feels very odd for me to be flipping the tables as it were!

Good luck.

kelly_borntoshop

you are employed as an administrative assistant with extra duties as and when required, reporting to CD.

extra duties? makes me laugh.