Disciplinary Action vs. Resigning

ohreally

dandostew wrote: »

Would I need to consult with a solicitor if they ask me to sign one?

They've even offered for me to hand in my notice by email, it's like they're really trying to make it as easy as possible for me to resign!

I'm not suggesting a sa is inevitable, simply be prepared for the subject to be put on their agenda.

If this is their way forward a solicitor should be discussed with the employer covering the fee.

dandostew

Ok, thank you

Another aspect of this which concerns me is I was suspended at the EOP yesterday and the disciplinary meeting is Monday AM. I haven't received the evidence by line manager sent to HR, am I allowed to request to see this tomorrow?

ohreally

Their case should be provided, you shouldn't be ambushed by management when you attend the hearing.

Ask them to forward their documentation outlining their case.

Takeaway_Addict

dandostew wrote: »

However, I'm confused why they would make such a generous offer when they're so sure I'd get dismissed if I was to go through a disciplinary.

Does any one have any experience or advise on this, please?

Because the cost is lower than defending a tribunal claim vigerously and once formalised you won't be able to take any issues further

Takeaway_Addict

MrUniveristy wrote: »

1. They can't advise you resign
2. You need to contact a union rep, or contact acas.

Sounds like they have not supported you at all with your illness and this needs to be taken into account. You addressed that you was poorly and took all the relevant steps within your power to do so.

I've been in the same position before working in the banking sector. The best thing to do, is to be signed off work from my experience.

If you need anything, feel free to send me an inbox


Alex

Well...they have...

Southend1

dandostew wrote: »

They've even offered for me to hand in my notice by email, it's like they're really trying to make it as easy as possible for me to resign!

Which suggests to me they want rid of you but would prefer you to resign than be fired. Which gives you some, although possibly only a little bargaining power. If you are set on leaving then make sure you use whatever bargaining power you have to ensure the best possible outcome for you, I.e. Good reference, payoff etc

dandostew

Ok, that makes a lot of sense. So far they've offered me an extra weeks pay because they said they understand it takes a while to find a new job, and they're honouring the referral bounty even though I'm not eligible for it because they don't want to screw me over. So they've already offered more than I expected.

I've asked for the evidence provided by my line manager because the meeting's on Monday and I haven't heard any of the details yet - it's as though it isn't happening! From what I've read on here and elsewhere, they should have provided me with a letter and details of the meeting?

I'm resigning no matter what, but I want to see the evidence!

bevanuk

Everyone is thinking the worst of the company here.
It's entirely possible that they actually like the person, and although currently unfit to work there (without mistakes) they want to help out and see them right. It could be an example of a really good employer.

Cornucopia

There is a correct name and procedure for this kind of termination by mutual consent, which is a Compromise Agreement.

CAs have certain legal protections built in, and they shouldn't be pressuring you to resign whilst there is a better and more appropriate solution. [Sorry, but I do think badly of a large company that wouldn't know all this, or would try to deceive someone about it].

I would go back to the HR people and "invite" them to restructure the offer in terms of a CA. CAs come with an entitlement to free, independent legal advice, which you will probably find helpful and reassuring. Is there a Union (even though you are not a member)? They could help with finding an appropriate solicitor.

http://en.wikipedia.org/wiki/Compromise_agreement

dandostew

I'm happy to ask for a CA if it means it guarantee's everything, but what if they decide to withdraw what they've already offered? I can't afford to lose that.