Suspended During Grievance

barnaby-bear

kelly_borntoshop wrote: »

i have already been diagnosed depressed and this isnt helping. i hope you can all appreciate that.

might this not be the underlying issue and reflect an unusual response? I hope you leave your work issue behind and that they don't follow you. Best wishes, BB

zzzLazyDaisy

Kelly, you need to e-mail FM, ask for a copy of their proposed compromise agreement for you to consider, and send them a copy of the reference that you'd want including (see my suggested reference a few pages back).

On Monday you should also phone round local solicitors, find one that offers employment advice to employees (not all do), and ask for their standard fee for signing off on a compromise agreement, so you know whether the £250 + VAT is sufficient (they will/should warn you that any negotiations will be extra - so if you need legal advice it might be better for you to use the military legal service, rather than run up a bill with a private solicitor).

It should be fairly straight forward from here, as the CA is a fairly standard procedure, but if you do hit any unforeseen problems, come back and ask.

Good luck!

Dx

Uncertain

I would just add that the new job should be your number one priority.

Any money from a compromise agreement will be a drop in the ocean compared to a regular salary (one or two months at best). Regard it, if it comes off, as a bonus.

Realistically, if the draft contains the standard clause about confirming you are not holding any job offers, then it may well be difficult to get that dropped. I'm sure Daisy will do a great job at drafting a response but don't be too surprised / disappointed if it doesn't work.

Don't under any circumstances be tempted to lie on this point.

Either way it should be possible to get the notice pay as I doubt they will want to risk going to tribunal to debate whether the "misconduct" was gross or not.

Given that you are suspended on full pay at the moment another tactic may be to just try and string this along as far as possible. The financial bottom line may not be much different!

What is more important is that you try and clear your head over the next few weeks and give the new job your very best.

Good luck

barnaby-bear

Uncertain wrote: »

I would just add that the new job should be your number one priority.

Any money from a compromise agreement will be a drop in the ocean compared to a regular salary (one or two months at best). Regard it, if it comes off, as a bonus.

Realistically, if the draft contains the standard clause about confirming you are not holding any job offers, then it may well be difficult to get that dropped. I'm sure Daisy will do a great job at drafting a response but don't be too surprised / disappointed if it doesn't work.

Don't under any circumstances be tempted to lie on this point.

Either way it should be possible to get the notice pay as I doubt they will want to risk going to tribunal to debate whether the "misconduct" was gross or not.

Given that you are suspended on full pay at the moment another tactic may be to just try and string this along as far as possible. The financial bottom line may not be much different!

What is more important is that you try and clear your head over the next few weeks and give the new job your very best.

Good luck

Brilliant advice, you can't go back and make things right - but you can move on and leave it all behind and LazyD has given you the chance to do that.

zzzLazyDaisy

Just to say, I agree with Uncertain.

In fact now that you have another job, the main reason that I can see for continuing with the CA is to secure a reference. If this is not an issue for you, then you may decide to string this out as long as possible and cut your losses.

Re the 'no job offer clause' - if you sign a CA containing this clause this would be a breach of contract and you would have to pay back all the money you received under the CA (though as Uncertain says, you could probably get your notice pay, which may be limited to one week's pay). There is a high risk that your current employer would find out, since you will be starting the new job almost immediately after signing the agreement. It would be a simple matter for them to make a claim through the small claims court for return of the money, and from what you have said, it seems unlikely that CD would miss a chance to put you in your place.

In the end, what you do about that is up to you, but personally, in your shoes, I would not sign a CA containing that clause.

kelly_borntoshop

Thank you. I will email on Monday and get some prices for signing off etc.

What (if anything) should i do with the new "contract"?

zzzLazyDaisy

kelly_borntoshop wrote: »

What (if anything) should i do with the new "contract"?

Add a a final para to your e-mail to FM stating that you do not agree to them imposing new terms and conditions on you at this stage, that some of the clauses cause you particular concern, and for that reason you wish to make it clear that you do not not accept the new contract in its current form.

Then put the contract to one side as it is a red herring.

kelly_borntoshop

Ok - i have sent the email requesting the CA and not accepting the red herring.

I have also had the formal letter from the new job via email which is subject to references "it is the final decision of the company as to whether these references are satisfactory."

kelly_borntoshop

fee's for signing off £350 plus VAT.

zzzLazyDaisy

kelly_borntoshop wrote: »

Ok - i have sent the email requesting the CA and not accepting the red herring.

I have also had the formal letter from the new job via email which is subject to references "it is the final decision of the company as to whether these references are satisfactory."

kelly_borntoshop wrote: »

fee's for signing off £350 plus VAT.

Have you already provided references or are they wanting one from your current employer? If so you certainly need to focus on the issue of the reference - it is worth more than the money, in my view.

The £350+VAT doesn't surprise me as £250+VAT was the going rate for CA's 10 years ago. It is not actually a legal requirement that the employer pays the employee's legal fees for the CA but it is an established practice. That is something to take up with them when they send the draft CA for you to look at.

Dx