Suspended During Grievance

zzzLazyDaisy

To be honest I think the reply letter is formal and courteous. It isn't true that they are not willing to budge an inch - they have agreed to give you a reference that says you are honest, reliable and hardworking. That is a step up from just saying 'she worked here from date to date'. It is a very good reference in the circumstances - particularly as without an agreed reference they could say that you left during an investigation into potential gross misconduct! So you are a lot better off than when you first lodged your grievance.

It is nonsense that HMRC will raise an issue if they call it redundancy, the parties can agree any reason they wish, in the same way as they can agree any termination date they wish. However there is no point in arguing with them about it. Definitely don't go for mutual termination as for many employers it suggests a history of a dispute. So I'd just agree to leave out the reason altogether.

I read their letter as saying they are also willing to amend the reference clause as per our request to say they won't add or change anything and won't discuss the reference further, so that is also a big plus.

You have also got a months wages plus £1000. That is money that you did not have at the point when you resigned.

I am with Uncertain, we have done as much as we can for you. As far as I am aware the solicitor will want a face to face meeting because s/he has to sign a certificate to say that he has explained the meaning of what is written in the CA and the consequences of signing it. Personally as a solicitor, I would refuse do that over the phone because it would be impossible to be certain the employee understood, and I would not want to be sued for negligence. But maybe other solicitors have a different view on this, all you can do is phone round and find out.

It may also be that if you explain the tax credit issue that the solicitor will be able to have a conversation and persuade them to agree to pay you that money through the payroll for february, and move the termination date, so you won't lose out so much during your childminder's notice. It will probably cost you as negotiation is not included in the set fee. Again, they may be able to persuade them to up their contribution, or you may be able to find a solicitor to do it for £250+vat, all you can do is ask.

Good Luck and let us know how you get on

Dx

PS - If you need a sympathetic ear, or want to have a rant about how you have been treated, find a friend, have a girlie night and buy her a bottle of wine. Most solicitors charge by the 15 minute unit, and rambling on about all sorts is just going to run you up a big bill.... Just saying......

kelly_borntoshop

one last thing - will they now have to amend the agreement to include reference before i take it to solicitor?

zzzLazyDaisy

No. What you do now is find a solicitor, get their e-mail address, and the write to your employer saying:

Thank you for your e-mail. Please amend the draft reference to remove the reason for leaving and forward it together with the draft compromise agreement reflecting the amended reference clause, to my solicitors, [name of firm of solicitors] at [e-mail address] marked for the attention of [name of solicitor dealing].

Dx

kelly_borntoshop

I would send flowers but i think you might prefer me to just :silenced:

thanks D x

SuzyZ

Would just like to say, the reference being offered sounds great.

I had been in a job as PA for 6 years - dodged rounds of redundancies (obviously I was valued) and got very good appraisals. Never had any complaints about work, was praised and also trained to do in-house PR/marketing typing/work on brochures etc. That wasn't part of my job spec either but did it to help marketing/pr manager who, after a few years was found to be slacking a lot and she was made redundant.

After 6 years with no chance of promotion, an office manager who was promoted from senior director's PA to office manager, but then we got a new financial director (who didn't like office manager) and we had a director in charge of office stuff who didn't like officer manager etc.... and it all went pearshaped.

it was all complex and I wanted to leave anyway, but then I got silly and a bit stroppy.... as one sometimes does...

I eventually had to settle for a reference which said I'd worked there for xxxx years and nothing about my work. I could have taken it further and asked for a proper reference but IIRC after speaking with an employment lawyer (and I'd had a written warning for something minor, my first WW in 6 years) we decided that as I was moving on it really wasn't worth pushing for a proper reference. Another partner who liked me, sympathised, looked into it and got me a reference but again due to rules/employment/HR stuff could only manage to agree a xxxxx times/dates worked and I couldn't argue with it. he also said it was standard to have this reference other than one praising me to the hilt.

Like others have said here, despite Kelly's feelings on this being unfair etc - well her company are acting within the law and a good payment, reference is being sorted out etc. if they REALLY wanted to be difficult they could go down route of XXXX dates/times reference or a disparaging reference about Kelly's character/work. which they don't seem to be doing.

i think best thing is to accept and draw a line under this. Also bring to the table with a new job your worries/what happened in this company so potential problems can be flagged up so they don't occur again.

HTH

kelly_borntoshop

Just thought i'd update before the deal is signed and i am bound by confidentiality.

Got a solicitor, the local firms were few that did employee rights for less then £350 - plus any negatiation was charged at £200ph.

Found a guy in Milton Keynes specialises in Compromise Agreements and Employment Law. He wouldnt advise the payment was fair until making a phone call for me.

He has got my payment back up to £3000 (through gritted teeth) and the offer of a "good reference" without redundancy. Plus £350 toward legal costs. He awaits the draft but this is as much as he can get without progressing to disciplinary.

He said the same as Daisy and Uncertain in so many words, it would be equal as to whether misconduct was gross but if i did win there would be contribution on my part awarded back.

Hopefully this won't follow me around and I can find a part time job with more flexibility for my children.

Looks like this is coming to a close, just wanted to say thanks again for everyones help.

zzzLazyDaisy

Hi Kelly

Thanks for coming back to let us know the result, its really appreciated.

Glad to hear the solicitor was able to squeeze the last drop out for you.

Good luck and hopefully, with a decent reference, this shouldn't follow you around.

Dx

SuzyZ

kelly_borntoshop wrote: »

Just thought i'd update before the deal is signed and i am bound by confidentiality.

Got a solicitor, the local firms were few that did employee rights for less then £350 - plus any negatiation was charged at £200ph.

Found a guy in Milton Keynes specialises in Compromise Agreements and Employment Law. He wouldnt advise the payment was fair until making a phone call for me.

He has got my payment back up to £3000 (through gritted teeth) and the offer of a "good reference" without redundancy. Plus £350 toward legal costs. He awaits the draft but this is as much as he can get without progressing to disciplinary.

He said the same as Daisy and Uncertain in so many words, it would be equal as to whether misconduct was gross but if i did win there would be contribution on my part awarded back.

Hopefully this won't follow me around and I can find a part time job with more flexibility for my children.

Looks like this is coming to a close, just wanted to say thanks again for everyones help.

Well done Kelly on this - a good employment solicitor is worth their weight in gold.

Do you know if you'll accept the part time job offered recently or was it part time or not?

I do think sometimes one has to go through these hoops in life, whether in work or otherwise. It's been a learning curve for you and I'm sure it won't follow you around. My *mishap* hasn't followed me around!

Good luck in the future.

Uncertain

kelly_borntoshop wrote: »

Just thought i'd update before the deal is signed and i am bound by confidentiality.

Got a solicitor, the local firms were few that did employee rights for less then £350 - plus any negatiation was charged at £200ph.

Found a guy in Milton Keynes specialises in Compromise Agreements and Employment Law. He wouldnt advise the payment was fair until making a phone call for me.

He has got my payment back up to £3000 (through gritted teeth) and the offer of a "good reference" without redundancy. Plus £350 toward legal costs. He awaits the draft but this is as much as he can get without progressing to disciplinary.

OK, that is excellent news.

Do be careful on the confidentiality front. It would never surprise me if the firm were to try and catch you out, particularly if you work in a small field. Just tell family and friends that you left for childcare reasons or something vague like that and make no mention of a settlement.

All the best for the future.

kelly_borntoshop

i can talk about it till i sign though yes?