Is this legal?

Kitty78

Hi

Despite a very unfair dismissal I am still being treated appallingly.

I have holiday pay and expenses outstanding which I have sent all expense receipts to my ex manager. He has agreed to pay my expenses plus a little bit but the little bit doesn't cover my holiday owed. Despite being given notice and told I would be paid until the end of the month plus one month's notice pay (I have proof of this agreement verbally) I was then aggressively fired for gross misconduct for no reason and was offered a month's pay.

I have lost out on my notice pay which is unfair but now they are blackmailing into signing a statement to say I will not take things further and if I do this they will pay me £150 which is my expenses at £141 plus a bit to round it up but it doesn't cover my holiday pay.

Is what they are doing legal? if they agree I am owed the money how can they dictate to me I can only have it if I sign their statement.

To me they know what they have done is far beyond wrong and are trying to avoid action against them.

Advice please

getmore4less

Remind them that a settlement agreement is only legally binding if you take legal advice which you expect them to pay for.

Kitty78

Hi

Can you elaborate on that please.

Are you saying I can still take legal action but charge no cost to them if I sign the agreement?

How can they even use this as it is money that is owed to me and they have agreed that?

ohreally

Kitty78 wrote: »

Can you elaborate on that please.

Are you saying I can still take legal action but charge no cost to them if I sign the agreement?

How can they even use this as it is money that is owed to me and they have agreed that?

A settlement agreement will bind and gag you, you will be signing future claim rights away (assuming you have the right).

http://www.acas.org.uk/index.aspx?articleid=4395

Kitty78

Hi

Yes I think this is what they are trying to do, shut me up basically because they know what they have done is wrong (that is what happens when an employer acts without thinking and consideration)

If I refuse to sign can they legally hold back the money I am still owed? would I then have to send a dispute and follow procedures (they haven't followed any) before I can take it to small claims court?

specialboy

How much holiday are you owed?

Jess12

If that was me I wouldn't sign anything! I would get advice from say CAB (citizens advice bureau). U should have every entitlement to ur holiday pay. What does ur contract say?

Undervalued

Keep in mind that if you are dismissed for GROSS misconduct then there is no entitlement to notice.

If it was "merely" misconduct then you are entitled to the greater of your contractual notice or the legal minimum notice of one week if employed for less than two years plus an additional week for each complete year of service up to a maximum of 12.

Anything over and above that is a settlement. However to be legally binding (on you) you must have received independent legal advice before signing. Without the legal advice anything you sign would not prevent you making an unfair dismissal claim against the employer.

Kitty78

It isn't much but would equate to about £40/50 in all and they are paying me a measly £9 on top of my expenses knowing full well I need every penny at the moment.

They are calling it a goodwill gesture but it isn't it is what I am owed, especially expenses as they have come out of my own pocket and it states in my contract that expenses are paid but to be agreed in advance. They never had issue paying my expenses last time and all I am claiming for is phone calls and some stationary as I worked from home.

Kitty78

Hi

I was given notice without warning, no written warnings or verbal etc, my service was only 16 months so yes I know they can do this but still handled very unprofessionally.

Fact is I am a woman and they wanted me out of the company, 3 male employees who have been employed for a less period than me have had procedures followed and options to defend themselves or pull their socks up but not removed immediately from their job.

I was told to down tools on the 13th January but be available for the last 2 weeks (handover period as such) should they have any questions and if I did this I would be paid my month's wage plus a month's notice on top including any holiday owed and my expenses paid.

2 days later I receive an email from a manager who doesn't like me and instigated this whole thing telling me I hadn't handed over a password for the accounts system despite being asked on numerous occasions by another manager (I have a text message to prove this manager already has the login details) and if I didn't get them to them by Monday they would reconsider what I would get paid (if anything) the emails were rude and abusive towards me with one even threatening to call the police if I didn't return everything by the Monday.

Now we had a meeting scheduled on the Monday this is when I would have returned everything should the position of my job be the same) to discuss my position and he obviously didn't want to sit face to face with me because he knew what they had done.

Within 30 minutes between emails (I hadn't responded to 2 because I was trying to get hold of another manager to find out why he was given this information which was a lie) he had fired me for gross misconduct for not handing over the details, he hadn't even discussed it with other managers or the company director. His actions were erratic and somewhat psychotic, the behaviour was almost laughable had I not been the one on the receiving end.

Since this it has been one battle after another but I will not give in so easily, I need to show them that they cannot simply treat people like this because think they are better than everyone else.

sangie595

There's a lengthy - but not as lengthy as it was - other thread on the same issue within the last few days. I'm sure most people will recall it. I think we have exhausted the subject - the OP can take legal action to claim owed money if she wishes to, but beyond that she has insufficient service to claim unfair dismissal.


The "sex discrimination" is a nice new twist, but it won't fly as a claim, so there is still nothing at all the OP can do except pursue her monetary claim.