Suspended with Pay for gross misconduct.

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  • dil1976
    dil1976 Posts: 484 Forumite
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    I raised the grievance over a week a go when he handed me the initial letter of suspension, over unfair processes in regards to this. I'm not going back. So its ok not to follow their own processes? This forum is crazy to be fair you're judging me  on matters that none of you know the full extent of, I was treated unfairly after being handed the initial suspension letter, no meeting to say what it was all about what the exact offences were, who was involved, when it happened just suspended. There was no note taker at the investigation meeting, he refused to accept my prepared statement to the allegation at the investigating meeting but read from my prepared statement, there was no evidence of his own notes at all.  Yes I accept that saying bell end was wrong and apologized for that but again this language in my work place is common and have witnessed worse acts of Gross- Miss-conduct, than me in context saying I'll sit on your bell end. This isn't the first time I've raised concerns either.  So get off your high horse, I'm after help if you can't help me then don't answer.
    How could you have a prepared statement if you didn't know the reason for being suspended?
  • kingofspades26
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    exactly my point. 
  • Undervalued
    Undervalued Posts: 8,887 Forumite
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    edited 30 April 2023 at 6:32PM
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    I raised the grievance over a week a go when he handed me the initial letter of suspension, over unfair processes in regards to this. I'm not going back. So its ok not to follow their own processes? This forum is crazy to be fair you're judging me  on matters that none of you know the full extent of, I was treated unfairly after being handed the initial suspension letter, no meeting to say what it was all about what the exact offences were, who was involved, when it happened just suspended. There was no note taker at the investigation meeting, he refused to accept my prepared statement to the allegation at the investigating meeting but read from my prepared statement, there was no evidence of his own notes at all.  Yes I accept that saying bell end was wrong and apologized for that but again this language in my work place is common and have witnessed worse acts of Gross- Miss-conduct, than me in context saying I'll sit on your bell end. This isn't the first time I've raised concerns either.  So get off your high horse, I'm after help if you can't help me then don't answer.
    You have been getting help and lots of it. The problem is you are ignoring anything you don't want to hear.

    Playing the barrack room lawyer is seldom a good move, particularly with a very limited understanding of how employment matters are handled in the real world.

    I assume the objective of this is to try and keep your job? Based on what you have posted here the best chance of doing that would be to apologise profusely and maybe offer a few, relevant, points in mitigation. You are, at the very least, partly at fault. So if you were to be dismissed but take the matter to an employment tribunal and "win" on a technicality, any compensation would be reduced, quite possibly down to zero.

    A tribunal cannot force your employer to give you a reference and judgements are a matter of public record. Compensation is generally far lower that most people fondly believe (an average around £6K, before any deductions) and winning a tribunal can easily have the effect of putting potential employers' off as, rightly or wrongly, many would see you as a trouble maker.

    Sorry, but that is the reality!
  • kingofspades26
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     This forum is crazy to be fair you're judging me  on matters that none of you know the full extent of, ...
    This is true - we are judging you on what you write here, and the incidents as you present them.  You don't think the reaction here is what you deserve -the same as the reactions at work were not what you intended. Perhaps you could reflect on how you can communicate to ensure you come across the way you want to.

    Fair comment.
  • General_Grant
    General_Grant Posts: 4,866 Forumite
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    dil1976 said:
    I raised the grievance over a week a go when he handed me the initial letter of suspension, over unfair processes in regards to this. I'm not going back. So its ok not to follow their own processes? This forum is crazy to be fair you're judging me  on matters that none of you know the full extent of, I was treated unfairly after being handed the initial suspension letter, no meeting to say what it was all about what the exact offences were, who was involved, when it happened just suspended. There was no note taker at the investigation meeting, he refused to accept my prepared statement to the allegation at the investigating meeting but read from my prepared statement, there was no evidence of his own notes at all.  Yes I accept that saying bell end was wrong and apologized for that but again this language in my work place is common and have witnessed worse acts of Gross- Miss-conduct, than me in context saying I'll sit on your bell end. This isn't the first time I've raised concerns either.  So get off your high horse, I'm after help if you can't help me then don't answer.
    How could you have a prepared statement if you didn't know the reason for being suspended?
    exactly my point. 
    But that is exactly what you said you had done - prepared a statement from which you then read.
  • kingofspades26
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    Bit of an update:  My employer has offered me a settlement If I resign with immediate effect under a COT3, my employer has stated he will pay me X amount if i resign with immediate effect will I still get any holidays and pay owed to me up to the day of my resignation under this agreement or do I have to state and any monies owed? cheers
  • kingofspades26
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    These negotiations are under a without prejudice letter can they go back on there agreement under this?
  • elsien
    elsien Posts: 32,987 Forumite
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    What have they said about a reference if you accept the offer? 

    You should still get paid and holiday accrued up to the point of resignation. 
     Without prejudice means it’s a negotiating tool, and if negotiations fail you can’t use the letter if you go to an employment tribunal.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Undervalued
    Undervalued Posts: 8,887 Forumite
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    These negotiations are under a without prejudice letter can they go back on there agreement under this?
    A COT 3 agreement is a type of settlement agreement but transacted under ACAS rather than through solicitors.

    Once it is signed they cannot go back on it. Normally the settlement amount (which is tax free up to £30K) is in addition to your statutory rights (pay in lieu of notice and any untaken holiday) but it does depend on the wording of the agreement. It is important to fully understand what you are agreeing to.

    If it were a formal settlement agreement you would have to receive independent legal advice from a solicitor before signing otherwise it wouldn't be valid. Normally the employer pays an amount to cover the minimum necessary (i.e the solicitor advising you of you rights and checking the document is correct but not to cover negotiating on your behalf).

    I think I am right is saying (I am getting very out of date!) that with a COT3 legal advice is not obligatory as a "neutral" party (ACAS) is involved.

    A "without prejudice" letter is just that, a negotiation in good faith but nothing is binding until the agreement is signed. They could withdraw the "offer" at any point before then, as could you decide to decline and have your day in court instead. Based on what has been posted here I'd take the money! 
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