Suspended During Grievance

kelly_borntoshop

ok. so since there is no likelyhood of me going back and i am not under another job offer i have given 4 weeks notice to my childminder.

i gave her notice 2 weeks ago when i resigned and retracted it when clarified suspension just incase i was called into work, she is lovely and if i get another offer i am sure it will be fine.

so i have paid her for February which works out well as 4 weeks - if i sign the CA this say in a weeks time, so officially become unemployed (scary) and no longer paying tax - will we assume then that i will no longer get tax credits back for my childminder?

Uncertain

kelly_borntoshop wrote: »

a few worries i have.

i know its standard but the "cannot be under offer of another job whilst signing this agreement" i am not exstatic about.

and should there be a clause stating i can never go back to the company? not happy about that either because if FM takes over when CD retires, which is a big possibility, he may or MD may ask me back...

the signing away of any court proceedings. would you say this is this in my interest?

OK

CAs tend to follow a fairly standard form. What you highlight there is quite normal. Basically the firm won't want to pay you money to go quietly if you were going anyway!

However, just about everything is negotiable but that depends on the strength of your position.

Now the next bit comes with the same disclaimer that Daisy has written in bold in post 178!

I'm sorry to be blunt but based on what I've read here I don't think it is all that strong. What you then come down to is different question, basically how much the firm is willing to pay for the sake of an easy resolution and a saving on lawyers bills.

You don't currently have a job offer so unless one crops up during the week or two it will take to reach a signed agreement it is academic.

Regarding working for the same firm again....

Frankly I suspect it is unlikely but no agreement would prevent it if both parties agree to waive it at a later date.

kelly_borntoshop

Uncertain wrote: »

OK

What you then come down to is different question, basically how much the firm is willing to pay for the sake of an easy resolution and a saving on lawyers bills.

Frankly I suspect it is unlikely but no agreement would prevent it if both parties agree to waive it at a later date.

Yep. Ok, i think i have got it now. Bascially what i have offeredis not going to change all that much. Stall a bit, to buy some paid suspension time.

So the next move as suggested is on Monday/Wednesday, Email to say i do not accept the "new contract"?

zzzLazyDaisy

Hi Kelly, I'll draft you an e-mail over the weekend, and post it here so Uncertain and any other HR bods can make any suggestions too. I'm thinking maybe send it to them late Sunday night so it is waiting for them when they arrive Monday. But be warned - I don't plan to pick things to pieces or go into minute detail, it's more to do with laying some ground work for you to build on.

Dx

kelly_borntoshop

Ok, thank you Daisy

i will stop being a detail pest :A

kelly_borntoshop

I only went and got the job... he wants to know if i accept. i was told it starts in march with a few days shadowing before hand.

considering he has not said dependant on reference (though i planted the seed that my current employer wasnt aware i was looking... he may still check).

he has said i would like to offer you the position. i will forward a formal letter on Monday. please confirm asap if you would like to take the position.

does this change things for me? if i accept at the wrong time he could check reference and retract the offer?

oh dear but oh good !!

zzzLazyDaisy

Hi Kelly, well done!

Okay this changes things. Obviously I am not going to advise you to lie to your current employer (what you actually do, is of course, up to you). But you don't have a formal job offer yet, so I think we should try and get them to drop that clause if we can. But either way, we now want to speed things up so you get this wrapped up in case the new employer asks for a reference. Did the new employer contact you by e-mail? If so you can reasonably wait until later to respond, after all you could be at work at the moment for all he knows.

But we do need to get an e-mail off to your current employer today. I will have a think and come back in a few minutes.

Dx

zzzLazyDaisy

Hi Kelly,

Here is an e-mail to FM. It is likely that they may want to run it past their solicitor, which is why I have referred to CD, MD, and the x-box. Hopefully they will get some firm advice to wrap this up quickly.

---

Dear FM

Re: Grievance Meeting on 31st January 2013

Firstly, I would like to thank you for the courteous way in which you conducted the meeting. I must say that I felt that you had already made the decision to dismiss my grievance before the meeting had even begun, but I do understand that you were in a difficult position, seeing as the grievance was against CD.

Second, I wish to reply to your suggestion that I sign a compromise agreement.

At the meeting you told me that the MD has said that they will pay me the equivalent of one months wages plus £1000 as a tax free lump sum, plus £250 + VAT for solicitor's fees if I leave now. I am sorry that I was not prepared to discuss that proposal at the meeting, but I had not expected anything like this - especially as I have not yet had my disciplinary meeting with CD.

I have now had time to think about it and I have decided that I would like to see a copy of the compromise agreement so I can consider your suggestion properly. I know you did read it out to me but it was very legal and I cannot remember what it said. One thing that does stick in my mind though is that you said I had to sign to say I don't have a job offer. I must say I think it is very unfair for the MD to say he wants me to leave and at the same time telling me that I can't look for work until after I have signed the agreement, which is basically what you are saying. So I do want that bit taking out as I don't think it is fair.

Apart from that I confirm that if you e-mail me a copy of the compromise agreement today I will give it serious consideration over the weekend and get back to you on Monday.

Finally, I am not sure if you were joking when you said that my husband can contact you on x-box if he wants to have a chat with you about this, but just in case, I would like to make it clear that I would prefer it if you deal directly with me, by e-mail.

Yours sincerely

Kelly.

SuzyZ

Hi Kelly

Just wanted to say WELL DONE! :j

very pleased you got the job, I wouldn't worry so much re references etc.... let Daisy guide you through the minefield of all that and what to do re your current employer.

Most, if not all of us, have had the occasional employer/employee collision and you've been great (if a bit detail orientated!) here with your honest input and not leaving things out.

You sound like you'd be a credit to any employer and a model employee. I bet where you're leaving now will kick themselves when they realise what you did exactly do and how far in the dark ages they are re work. especially with the main boss you worked for nearing retirement it seems etc.

What I would double check in new job is:-

• workload and job description
• extra duties if added I'd ask can they go on job description
• probationary period
• contract to follow probationary period

Can't think of anything else. Also, ensure you have appraisals, line manager etc - don't get bogged down/dragged into working for every man and his dog.

Good luck for the future.

SuzyZ

zzzLazyDaisy wrote: »

Hi Kelly,

Here is an e-mail to FM. It is likely that they may want to run it past their solicitor, which is why I have referred to CD, MD, and the x-box. Hopefully they will get some firm advice to wrap this up quickly.

---

Dear FM

Re: Grievance Meeting on 31st January 2013

Firstly, I would like to thank you for the courteous way in which you conducted the meeting. I must say that I felt that you had already made the decision to dismiss my grievance before the meeting had even begun, but I do understand that you were in a difficult position, seeing as the grievance was against CD.

Second, I wish to reply to your suggestion that I sign a compromise agreement.

At the meeting you told me that the MD has said that they will pay me the equivalent of one months wages plus £1000 as a tax free lump sum, plus £250 + VAT for solicitor's fees if I leave now. I am sorry that I was not prepared to discuss that proposal at the meeting, but I had not expected anything like this - especially as I have not yet had my disciplinary meeting with CD.

I have now had time to think about it and I have decided that I would like to see a copy of the compromise agreement so I can consider your suggestion properly. I know you did read it out to me but it was very legal and I cannot remember what it said. One thing that does stick in my mind though is that you said I had to sign to say I don't have a job offer. I must say I think it is very unfair for the MD to say he wants me to leave and at the same time telling me that I can't look for work until after I have signed the agreement, which is basically what you are saying. So I do want that bit taking out as I don't think it is fair.

Apart from that I confirm that if you e-mail me a copy of the compromise agreement today I will give it serious consideration over the weekend and get back to you on Monday.

Finally, I am not sure if you were joking when you said that my husband can contact you on x-box if he wants to have a chat with you about this, but just in case, I would like to make it clear that I would prefer it if you deal directly with me, by e-mail.

Yours sincerely

Kelly.

Daisy - this sounds excellent. I think Kelly owes you chocolates/flowers for this! only joking Kelly!