resignation before settlement agreement

newbridge

I need some advice for my sister. Let me give you some background first.  
She had been with the company for more than 5 years without any warning or issues and always appreciated. After a review, followed by verbal warning(low performance) she was invited for a disciplinary meeting with an intention of putting her on PIP.  She had been trying her best, but felt like her manager had already decided to get rid of her. So before the 1st disciplinary trial she arranged a confidential meeting where she agreed with human resources to come to an agreement and resign.

As a first step, HR asked her to resign while agreement was being prepared. So believing them she did, and was put on gardening leave after 4 days of notice. Its been 7 days and company has locked out her login as well. Haven't heard anything from HR about settlement agreement that was to be checked by employment lawyer.

I thought, one doesn't need to resign if settlement agreement is being prepared. Is she being cheated by the company?
Has she got any fall back? Luckily she has got the email thread discussing about settlement agreement that she fwd'ed to her personal id.

What should she do next? Agreement was for 5 months worth of pay + a reference letter

Thrugelmir

Is that 7 working days? Is the Easter holidays and many people are away. Takes time to have suitable documents drafted. 

TELLIT01

Locking systems when somebody has been put on garden leave is not only common, it's good practice from a security point of view.  7 days isn't excessive for an agreement to be drawn up.  There is no reason to take any action at this point other than possibly call HR and ask them to get things finalised.

newbridge

No doesn't include weekends. But was the process followed right? she is scared that she might not get what was agreed in the agreement meeting. May be its being locked out of system, making her suspicious.

Thrugelmir said:

Is that 7 working days? Is the Easter holidays and many people are away. Takes time to have suitable documents drafted. 

newbridge

There was no email about garden leave either, just a verbal message and she cleared her desk and locker. Isn't it true that anyone on garden leave is still considered employed and access shouldn't be take away. All new for me too, but trying to help her out.

TELLIT01 said:

Locking systems when somebody has been put on garden leave is not only common, it's good practice from a security point of view.  7 days isn't excessive for an agreement to be drawn up.  There is no reason to take any action at this point other than possibly call HR and ask them to get things finalised.

 

Undervalued

newbridge said:

I need some advice for my sister. Let me give you some background first.  
She had been with the company for more than 5 years without any warning or issues and always appreciated. After a review, followed by verbal warning(low performance) she was invited for a disciplinary meeting with an intention of putting her on PIP.  She had been trying her best, but felt like her manager had already decided to get rid of her. So before the 1st disciplinary trial she arranged a confidential meeting where she agreed with human resources to come to an agreement and resign.

As a first step, HR asked her to resign while agreement was being prepared. So believing them she did, and was put on gardening leave after 4 days of notice. Its been 7 days and company has locked out her login as well. Haven't heard anything from HR about settlement agreement that was to be checked by employment lawyer.

I thought, one doesn't need to resign if settlement agreement is being prepared. Is she being cheated by the company?
Has she got any fall back? Luckily she has got the email thread discussing about settlement agreement that she fwd'ed to her personal id.

What should she do next? Agreement was for 5 months worth of pay + a reference letter

Without a properly worded settlement agreement, signed after receiving legal advice, she is still free to take action against them for constructive unfair dismissal.

However that doesn't in itself mean she has a valid case. She may or may not have. Unless a satisfactory agreement is forthcoming in, say, the next month she needs to take proper legal advice. Any legal claim must be started within three months of leaving so she needs to allow time for taking proper advice.

Is she a union member of does she have legal expenses cover, perhaps as an add on to her house insurance?

Do not rely on ACAS for "advice" as they are a neutral arbitration service and cannot "fight her corner" for her. If she does launch legal action they will automatically become involved as a first step, in an attempt to broker a settlement without the need to go to a tribunal.

Jillanddy

Undervalued said:

newbridge said:

I need some advice for my sister. Let me give you some background first.  
She had been with the company for more than 5 years without any warning or issues and always appreciated. After a review, followed by verbal warning(low performance) she was invited for a disciplinary meeting with an intention of putting her on PIP.  She had been trying her best, but felt like her manager had already decided to get rid of her. So before the 1st disciplinary trial she arranged a confidential meeting where she agreed with human resources to come to an agreement and resign.

As a first step, HR asked her to resign while agreement was being prepared. So believing them she did, and was put on gardening leave after 4 days of notice. Its been 7 days and company has locked out her login as well. Haven't heard anything from HR about settlement agreement that was to be checked by employment lawyer.

I thought, one doesn't need to resign if settlement agreement is being prepared. Is she being cheated by the company?
Has she got any fall back? Luckily she has got the email thread discussing about settlement agreement that she fwd'ed to her personal id.

What should she do next? Agreement was for 5 months worth of pay + a reference letter

Without a properly worded settlement agreement, signed after receiving legal advice, she is still free to take action against them for constructive unfair dismissal.

However that doesn't in itself mean she has a valid case. She may or may not have. Unless a satisfactory agreement is forthcoming in, say, the next month she needs to take proper legal advice. Any legal claim must be started within three months of leaving so she needs to allow time for taking proper advice.

Is she a union member of does she have legal expenses cover, perhaps as an add on to her house insurance?

Do not rely on ACAS for "advice" as they are a neutral arbitration service and cannot "fight her corner" for her. If she does launch legal action they will automatically become involved as a first step, in an attempt to broker a settlement without the need to go to a tribunal.

I agree with this. Given she has voluntarily resigned it would be very hard to prove anything if they do renege on the agreement - it's her word against theirs and people resigning before a disciplinary or capability meeting is not uncommon. It's a little early to assume the worst though. Why doesn't she pone or email and ask about progress with the agreement?

Marcon

newbridge said:

There was no email about garden leave either, just a verbal message and she cleared her desk and locker. Isn't it true that anyone on garden leave is still considered employed and access shouldn't be take away. All new for me too, but trying to help her out.

TELLIT01 said:

Locking systems when somebody has been put on garden leave is not only common, it's good practice from a security point of view.  7 days isn't excessive for an agreement to be drawn up.  There is no reason to take any action at this point other than possibly call HR and ask them to get things finalised.

 

No, it isn't true that access 'shouldn't be taken away'. A miscreant on garden leave could create all sorts of mayhem otherwise!

Undervalued

newbridge said:

There was no email about garden leave either, just a verbal message and she cleared her desk and locker. Isn't it true that anyone on garden leave is still considered employed and access shouldn't be take away. All new for me too, but trying to help her out.

TELLIT01 said:

Locking systems when somebody has been put on garden leave is not only common, it's good practice from a security point of view.  7 days isn't excessive for an agreement to be drawn up.  There is no reason to take any action at this point other than possibly call HR and ask them to get things finalised.

 

Yes, an employee on garden leave is still an employee (and can be called back into work at a moment's notice). However, an employer is quite entitled to refuse any employee access to the premises, computer systems etc, providing they are not financially disadvantaged as a result.

newbridge

Thanks for all your responses. She has received an agreement now. Good news is she has got a new job offer with a big hike too!