Suspended with Pay for gross misconduct.

oldernonethewiser

kingofspades26 said:

Who'd of thought I'd be back here, I hope everyone is keeping well. Just a quick question, I've spoken to my employers HR representative and she said she's contacted ACAS on the 10th May 2023 but I've heard nothing is this a usual occurrence? Or do ACAS get in contact with you quite promptly? Thanks again.

For what reason?

GingerTim

kingofspades26 said:

When you want answers... and not a life style choice advise... 

It's almost as if insulting everyone who offers advice makes people hesitant to respond...

goater78

Are you still getting paid? This seems to be dragging on a bit now. 

kingofspades26

No I (according to the terms and conditions that we agreed to in without prejudice emails) resigned on the 10th May that's when I got paid up till, I've heard nothing from ACAS, I've been in contact with the HR rep dealing with it several times since the 15 May the last been on the 22nd May.  I've started proceedings myself yesterday filled in an early conciliation form and received a reference number straight away.  Am I not still employed and should I still be getting paid? until the Cot3 agreement is arranged by ACAS? many thanks and thank you all for your responses. 

kingofspades26

oldernonethewiser said:

kingofspades26 said:

Who'd of thought I'd be back here, I hope everyone is keeping well. Just a quick question, I've spoken to my employers HR representative and she said she's contacted ACAS on the 10th May 2023 but I've heard nothing is this a usual occurrence? Or do ACAS get in contact with you quite promptly? Thanks again.

For what reason?

Hi Older, for what reason did I contact the HR rep? because I've heard nothing in over 2 weeks and was getting worried, I was told by the HR rep that ACAS would contact me in 48hrs,  I wasn't sure if the time limit was kicking in and they were running down time on purpose.  Hence why I filled the early conciliation form to stop the clock. I hope that made sense.

oldernonethewiser

I wondered why your ex-employer had contacted ACAS

I would have thought that you should be driving this process not your ex-employer, as it appears you have started to do. 

Undervalued

kingofspades26 said:

No I (according to the terms and conditions that we agreed to in without prejudice emails) resigned on the 10th May that's when I got paid up till, I've heard nothing from ACAS, I've been in contact with the HR rep dealing with it several times since the 15 May the last been on the 22nd May.  I've started proceedings myself yesterday filled in an early conciliation form and received a reference number straight away.  Am I not still employed and should I still be getting paid? until the Cot3 agreement is arranged by ACAS? many thanks and thank you all for your responses. 

By definition, you do not agree to anything in "without prejudice" emails. Without prejudice means that you are exploring options, in good faith, but without any obligation on either side. If that seems to be leading towards an agreement, then one side would make an offer (which would not be marked "without prejudice") for the other party to either accept or decline. If accepted that would form a contract.

However, because of special rules in employment situations, if the employer were to say "we will give you £XXXX to go quietly and agree not to sue us" even if accepted that would not be legally binding on the employee unless it formed a formal settlement agreement (with legal advice etc) or as a COT 3 agreement signed via ACAS. This is to prevent the employee being "railroaded" into an agreement without understanding the implications.