Settlement for Unfair Dismissal

Teenes

I really think they will try and wriggle their way out and say they haven't done anything wrong. Know what they are like ����

ShakeItOff

You could always put in a subject access request under the Data Protection Act to see what is on your file.

It definitely sounds like there is something funny going on, but please seek proper legal advice as ACAS won't give you specialised advice - they're a really good starting point though.

Good luck!

Teenes

I've already requested copies of what's in my file but there won't be anything.

I'll let you know what happens tomorrow after my 'coffee' with the HR Director!

jobbingmusician

I'm confused.

You have been put on garden leave. You haven't been dismissed (according to your first post.)

Garden leave is suspension, which is supposed to be a neutral act, normally awarded so that the employer can carry out an investigation.

Please note that I am not concluding that your employer is behaving properly, but clearly you don't have a case for UD unless and until you have been dismissed!

Teenes

I'm confused now from the last post. Suspension was never mentioned and there is no investigation. As far as I'm concerned I was let go and would be put on garden leave, paying my months notice.

I believed that If you are suspended then you get paid, and are still employed, whilst they investigate. If the investigations then came to the conclusion that I would be dismissed then they have to still pay me my notice from that date. This is not happening, my employment finishes on 29 June

My team have been told I'm not returning and they are not going to replace my management role, basically this now also makes my post redundant?

Takeaway_Addict

jobbingmusician wrote: »

I'm confused.

You have been put on garden leave. You haven't been dismissed (according to your first post.)

Garden leave is suspension, which is supposed to be a neutral act, normally awarded so that the employer can carry out an investigation.

Please note that I am not concluding that your employer is behaving properly, but clearly you don't have a case for UD unless and until you have been dismissed!

You can be put on gardening leave for your notice period.

AJ1982

Hi Teenes,

Please can you clarify exactly what has happened?

You have been placed on Gardening Leave without suspension / dismissal?

You have been suspended and placed on Gardening Leave? (aka suspension with full pay)

You have been dismissed and placed on Gardening Leave?

Have you received any documentation or been told what is going on?

You have worked there for more than 2 years so any "suspension / gardening" leave is normally permitted - e.g. Your contract may require you not to attend offices, but be paid fully.

If you have been dismissed, I assume there is one of the below...
- Dismissal Letter
- Redundancy Letter
- Compromise Agreement

From your words it seems you are/were a little flustered, to be understood given the situation, but if you can get exact information on the situation, this would best assist us in helping you.

From your later posts it sounds like a "Compromise Agreement" will be forthcoming.

Teenes

Update following meetng with HR on a without prejudice basis

I was never supposed to have been dismissed. No record on file of any performance meetings etc

Across the board they are looking at reducing costs by making some senior roles redundant. My manager was supposed to discuss with me the potential redundancy of my role and HR were going to do this properly and follow the correct process. Due to his inexperience they have admitted He made a very serious error by saying I would be on garden leave

They understand my position that although I am not dismissed in their eyes, I wouldn't want to return

So they are going to come back to me with a settlement agreement based on redundancy of my role. I Think I wil get, one months notice, 3 weeks redundancy pay, 8 days holiday pay and an additional 2 weeks pay as compensation, all hopefully tax free as a settlement

Think that is the best outcome? Does that sound fair?

Btw the manager has been told be CEO that he can't ever hold a meeting/discussion about contract etc without HR being present in future!

TrickyDicky101

The notice and holiday pay are presumably contractual so will be taxable I'm afraid. The further 5 weeks' worth of pay shouldn't be I believe.

Nicki

It would be worth getting some expert advice on this offer. Even if you were the only person at risk of redundancy there should have been a consultation period beforehand. Whether 2 weeks pay in lieu of that consultation is enough is a question to be considered. You would have been entitled to the notice pay, holiday pay and redundancy pay in any case if made redundant. I would have thought it is worth arguing for a further month's salary in lieu of consultation rather than just 2 weeks. Do you work on a bonus or commission basis as you would also want to check what the position is in relation to commission you think has been accrued but not yet paid out.