Suspended During Grievance

Uncertain

kelly_borntoshop wrote: »

it says this...


1 Termination Payment

1.1 Subject to and conditional upon the Employee’s compliancewith the terms of this Agreement, the Company shall within 21 days of the laterof the date of this Agreement being signed by the Employee and receipt of acompleted Adviser’s Certificate in the form set out in Schedule 1 to thisAgreement, or the Termination Date provide to the Employee by way of compensationfor the termination of her employment the sum of £2,200 as compensation forloss of employment and loss of office. The parties believe that Sections 401 -404 of the Income Tax (Earnings and Pensions) Act 2003 applies to this sum andthat this sum will be paid free of tax.

1.2 Any further liability to pay tax and National Insurancecontributions on the Termination Payment or any other benefits provided to theEmployee will be the Employee’s alone.

Well, that is better still., They think the whole lot is tax free (and they may well be right). What you don't want to flag up is that you may only have been entitled to a week's notice!

1.2 is a standard clause.

Uncertain

kelly_borntoshop wrote: »

This came from the email -

The company considered this offer and has proposed in response the following offer:
- £1000 plus 1 months’ net pay (£1200); and
- A factual reference; and
- £250 plus VAT contribution to legal fees.

Well, you might be able to get an extra £100 for the legal bill. Again wait for Daisy but I don't think you are in a strong enough position to argue this up much or at all.

The danger is that they realise that they could have got away with 1 weeks PILON and not a month.

The reference is the important bit. That they may well budge a bit on as it doesn't cost them anything. It is worth far more than an extra £1K compensation.

Uncertain

kelly_borntoshop wrote: »

1 REFERENCE

Onreceipt of a request from a potential employer, the Company shall provide areference in the form set out in Schedule 2 of this agreement and shall keep tothe terms and spirit of this reference upon receiving a request for anyadditional information.

Again fairly standard.

Meaningless until you have agreed a wording for Sch. 2

There is for and against their wording about "sprit" which needs a degree of trust. The alternative which is a ban on them saying anything further can send the wrong message.

Again, take Daisy's view.

Uncertain

kelly_borntoshop wrote: »

NOWIT IS AGREED as follows:-

1 Definitions and Interpretation

In this Agreement:-

ConfidentialInformation means the information referred to in clause 6;

TerminationPayment means the sums referred to in clause 3;

TerminationDate means 31 January 2013.

2 PAYMENT UP TO THE TERMINATION DATE

TheEmployee will be paid her basic salary up to and including the Termination Datein the usual way. The Employee will be paid any accrued but untaken holidayentitlement up to and including the Termination Date (less tax and employeeNational Insurance contributions).

Totally normal.

kelly_borntoshop

Uncertain wrote: »

Totally normal.

even that they terminated me last thursday?

Uncertain

kelly_borntoshop wrote: »

even that they terminated me last thursday?

They haven't yet.

It is just an agreed date for the CA.

Sorry got to go out now.

All the best.

zzzLazyDaisy

Hi Kelly

All of what we are seeing is totally normal. The agreement does not mean that you were terminated last week - at the moment you are still an employee and will remain so until the agreement is signed. What it means is that assuming the agreement goes through, the parties agree that the effective termination date is 31st Jan.

If for some reason you and your employer cannot agree the terms of the CA, then you will go to the disciplinary. The warning that you may be dismissed is a requirement in these circumstances. But lets hope it doesn't come to that!

So I think the main things that you need to raise are the wording of the reference, see if we can get the clause in the CA about the reference tightened up, and ask for an extra £100 towards legal fees.

I have only had a really quick skim through, but if I have missed anything hopefully Uncertain will flag it up.

I will come back tomorrow morning and draft you a letter.

I have visitors coming so will be offline till tomorrow.

Dx

kelly_borntoshop

So if i agree the date (which i dont have a lot of choice) i wont recieve anymore suspension pay? only the months net pay offered from 31st Jan?

kelly_borntoshop

thank you guys i really appreciate it.

kelly_borntoshop

he states in the email containing the CA...

"However, if agreement cannot be reached on the terms above we will need to proceed to disciplinary hearing and may need to take any appropriate action arising from that hearing in due course."