Suspended with Pay for gross misconduct.

kingofspades26

Thank you undervalued my days of playing a solicitor are over, just a couple of things, would they owe me any pay leading up to my resignation? in regards to normal pay, I get paid monthly, so for example my pay date is the 21st of every month till the 21st,  I would like 5 weeks pay from the day of my resignation have i interpreted this wrong? so they would owe me 13 days money on top of the 5 weeks? and any untaken holiday. or is it just 5 weeks? as per their offer. sorry to be a pain

Undervalued

Yes, you are suspended on full pay and that would normally continue up to the date of resignation. The pay date is irrelevant providing you get the money but that might be a few weeks after you leave on the next normal pay day.

If you have five years service then your minimum statutory notice entitlement is five weeks (one week for each complete year worked up to a maximum of twelve). You should be paid for any holiday accrued but untaken up to the date of your resignation. If you have taken more holiday than you had accrued they are entitled to reclaim the excess. That would all be taxable as normal. Any settlement figure you agree would be tax free, up to £30K.

As another poster mentioned, you might be able to get them to agree to a "good" (or at least neutral) reference. Normally such agreements contain a confidentiality clause and an agreement for both parties not to speak ill of the other. If you break such an agreement the employer could sue you for the money back. If they break the agreement you would have a legal claim against them, otherwise however you are giving up (virtually) all further claims against them as far as the law allows.

kingofspades26

All finished, end of a chapter, I loved my job as I said and doubt I'll get another one like it but months of unfair treatment and standing up for myself has come to this. I want to say a small thanks, to be honest most of the comments on this thread have nothing to do with due process just whether or not I said bell end or whether he was sitting in the drying room, I couldn't be arsed to answer some of these comments, as I said this was normal language where I worked, along with other words and actions. I must have had a case as he settled.  Again I'm just a normal working class chap, I don't have much money and couldn't afford a solicitor, so we come to forums like this to gain a bit of hope that the dastardly deeds our employers do shall not go unpunished whether or not I said bell end they didn't follow due process but as I said not all the facts are given nor context heard.  My advice would be stop given these poor people advice on a cloaked forum, if you're a genuine solicitor then offer them help under your company name charge them 1/3 of the costs especially during this current living crisis and do something good I see names with 8k comments etc etc, help these people if you have time directly. If you're reading this and about to post a problem, stop.  Go seek legal advice maybe a free 30 minute consultation with someone, get the company handbook, get acas's best practices.  Ultimately if there's a problem at work go through the proper channels. 

Takeaway_Addict

kingofspades26 said:

All finished, end of a chapter, I loved my job as I said and doubt I'll get another one like it but months of unfair treatment and standing up for myself has come to this. I want to say a small thanks, to be honest most of the comments on this thread have nothing to do with due process just whether or not I said bell end or whether he was sitting in the drying room, I couldn't be arsed to answer some of these comments, as I said this was normal language where I worked, along with other words and actions. I must have had a case as he settled.  Again I'm just a normal working class chap, I don't have much money and couldn't afford a solicitor, so we come to forums like this to gain a bit of hope that the dastardly deeds our employers do shall not go unpunished whether or not I said bell end they didn't follow due process but as I said not all the facts are given nor context heard.  My advice would be stop given these poor people advice on a cloaked forum, if you're a genuine solicitor then offer them help under your company name charge them 1/3 of the costs especially during this current living crisis and do something good I see names with 8k comments etc etc, help these people if you have time directly. If you're reading this and about to post a problem, stop.  Go seek legal advice maybe a free 30 minute consultation with someone, get the company handbook, get acas's best practices.  Ultimately if there's a problem at work go through the proper channels. 

The risk with forums is that you can get very mixed advice, just as you did above.

You don't know if you had a good case or not and them offering a settlement isn't proving you did or not. Sometimes employers will settle for ease and probably a cheaper way out than having to defend themselves.

Good luck for the future

Undervalued

kingofspades26 said:

All finished, end of a chapter, I loved my job as I said and doubt I'll get another one like it but months of unfair treatment and standing up for myself has come to this. I want to say a small thanks, to be honest most of the comments on this thread have nothing to do with due process just whether or not I said bell end or whether he was sitting in the drying room, I couldn't be arsed to answer some of these comments, as I said this was normal language where I worked, along with other words and actions. I must have had a case as he settled.  Again I'm just a normal working class chap, I don't have much money and couldn't afford a solicitor, so we come to forums like this to gain a bit of hope that the dastardly deeds our employers do shall not go unpunished whether or not I said bell end they didn't follow due process but as I said not all the facts are given nor context heard.  My advice would be stop given these poor people advice on a cloaked forum, if you're a genuine solicitor then offer them help under your company name charge them 1/3 of the costs especially during this current living crisis and do something good I see names with 8k comments etc etc, help these people if you have time directly. If you're reading this and about to post a problem, stop.  Go seek legal advice maybe a free 30 minute consultation with someone, get the company handbook, get acas's best practices.  Ultimately if there's a problem at work go through the proper channels. 

I am glad you have at least managed to reach some kind of settlement.

I also understand that you genuinely believe that morally you did nothing wrong. Morally, you may be correct but as a number of us have pointed out some employers at least would take disciplinary action over the behaviour you have admitted on here. Unlike us, your employer will also have heard the other side of the story (which may or may not be true).

You frequently talked about "procedure" but, with respect, not fully understanding the legal and practical situation. As I pointed out, there are no longer statutory "procedures" which must be followed to the letter. There is simply a requirement to make a reasonable (layman's) attempt to conduct a fair process. Yes, ACAS still issue guidelines but whilst following those is a safe way of being, legally, fair it is not the only way and a different process may well also be acceptable.

Difficult as it may be please try and learn from this experience and I wish you the best of luck in finding alternative employment. 

kingofspades26

Update: This is getting more bizarre as it goes on.  So through "Without Prejudice" emails my employer and myself came up with a settlement agreement as long as I resigned on the 5th May 2023.  This was just Friday gone.  I had found a new job starting Monday 15th May 2023. I made A comment on my Arts & Crafts page which is linked to the place where I worked, but not run by them and its a closed group. The comment I made was "Been busy now I’m unemployed till Monday lol, big cheese platter, a whiskey cigar tray and we all love crumpets, please don’t listen to what your hear I resigned loved the job but the people are shocking don’t be lulled into thinking anything else" (I make wooden things in my spare time).  Rumours of my absence were starting to circulate around the park and now they've emailed me back, stating this:

Thank you for your email, whilst we accept that we have been in conversations with you regarding a COT3 settlement offer, we are now in position whereby we no longer wish to proceed.

It has been brought to our attention that you have been publishing negative comments about the company and it’s employees on website forums. Any offer made was in good faith, however given that you have chosen to now bring the company into disrepute, our offer is now withdrawn.

We wish to recommence the disciplinary investigation and grievance hearing, and will write to you with further details in due course.

Can they do this? I'm totally confused.  I have now started a claim with ACAS. I have no idea what's going on I was under no clause stating I can not speak to people.

Many thanks.

billy2shots

You were told not to say anything  about your job (previous  job)  

You go on to write on a public forum that 'the people are shocking'.

You waffle on about this forum not helping you. I fear you are beyond help. 

kingofspades26

Huh? I wasn't told not to say anything about my job you've read that wrong, I was under no non disclosure agreement and wasn't told that I couldn't speak to anyone. The settlement was agreed I'd resigned. Thanks though Billy for your comment.

kingofspades26

billy2shots said:

You were told not to say anything  about your job (previous  job)  

You go on to write on a public forum that 'the people are shocking'.

You waffle on about this forum not helping you. I fear you are beyond help. 

Is that how you see it? waffle on? read the post "I was under no clause stating I can not speak to people."

GingerTim

You may not have been under a non-disclosure agreement, but talking about the case publicly in the manner you did before the offer was finalised was deeply unwise.