Settlement agreement followed by gross misconduct

Macman82

Update, I have an investigation meeting on Tuesday. They have also dropped the bit about making a comment about eyebrows as this was never complained about and added in to bulk out the claim

Pricivius

Ignoring the comments and focussing on the practicalities...


This is why settlement agreements do not work as well when they are signed weeks in advance of termination. Any events that take place after signing the settlement agreement are not part of the agreement, so you have not signed away your rights for this period and if they were to dismiss you, I would suggest you can still bring a claim for unfair dismissal.


Obviously this is my view without having seen the wording of the settlement agreement which may make allowances for the situation. You would usually have a two-part settlement agreement in these circumstances where the second one is signed at termination to ensure all rights are removed.


You need to closely read what you have signed...

ReadingTim

Ever heard the phrase "lies, d@mned lies, and statistics"?!? Unfortunately the figures you're presenting as so-called "facts" can pretty much be interpreted in whatever way you want, to support whatever argument you're making.

Furthermore, if Count Duckula happened to be of the same ethnic group as the one you claim commit more crimes, well, it's hardly surprising she might not be too impressed is it...?!?

Gross misconduct is pretty difficult to come back from, especially for reasons relating to race, so you're on a pretty sticky wicket. Suggest contrite apologies at the meeting, expressions of regret that your selective interpretation of statistics has caused offence, and whatever you do, don't claim anything you said in that 'discussion' as "fact" - it's not.

Macman82

Pricivius wrote: »

Ignoring the comments and focussing on the practicalities...


This is why settlement agreements do not work as well when they are signed weeks in advance of termination. Any events that take place after signing the settlement agreement are not part of the agreement, so you have not signed away your rights for this period and if they were to dismiss you, I would suggest you can still bring a claim for unfair dismissal.


Obviously this is my view without having seen the wording of the settlement agreement which may make allowances for the situation. You would usually have a two-part settlement agreement in these circumstances where the second one is signed at termination to ensure all rights are removed.


You need to closely read what you have signed...

hmm, there WERE two agreements, one was a letter dated June but signed in March saying I still agree to the terms of the original agreement.

So I lose my right to claim for unfair dismissal, but if that is the case, surely they stil have to pay me the redundancy, otherwise they are in breach of contract

Les79

_shel wrote: »

Is that right. Black people are statistically more likely to be stopped and searched and subsequently charged than their white counterparts for the same offence.

So the white guys did nothing? No they just weren't profiled to be stopped.

I agree with that to a certain extent.

I think it is quite rampant in the US at the moment, they can treat black people pretty bad! Admittedly I only watch the stuff on youtube, but a recent video summed it up where two police officers pulled over Aramis Ayala, the first female black disctrict attorney whilst she was driving in a fairly nice car! The officers cited an error with their tag or something stupid like that!

I don't think it is as rampant in the UK like, but always have to take statistics with a pinch of salt to some extent.


Still, pretty bad topic to be discussing in work! A black man who was murdered 25 years ago! In my workplace we usually just discuss sports!

[Deleted User]

I'm white and even I know people get pulled over more often if they are black than if they are white in this country.

Personally I think you need to go to this meeting in a contrite mood, saying that you need to engage brain before your mouth, and learn some sensitivity as to the effect that words from your mouth can have on others.

TBagpuss

I agree with Deannatrois - it's fairly common knowledge that people who are black or of other non-white ethnicites are far more likely to stopped or searched than white people, and that levels of arrests, charge and conviction also tend to be higher for those groups, - the home office figures you quote are evidence of the problem, not evidence that black people commit more crimes.

I would recommend that you bear than on mind at your disciplinary hearing. Your comments come across as, at best, ignorant, and at worst, racist. Your best bet is probably to plead that they stemmed from ignorance not malice, and hope that your employer is willing to accept that.

lytton

You don’t get arrested for doing nothing?

Honestly, what? You’ve conflated being arrested with determined guilt. Do you presume that everyone arrested each year is guilty by default? Or do you accept that individuals are innocent until proven guilty? Why not check gov statistics/do an FOI request to see how many people are arrested and then released without charge every year.

If I was you, I would take an extremely humble and apologetic tone with your employers. In future, perhaps consider keeping politics and work well apart.