Suspended/ Dismissed

gm0

If you are clear in writing with them that still employed.  In good standing.  No disciplinary concluded.  Their decision to suspend on pay and take off list.  You have not had the opportunity to address any allegation. 

Expect pay (as told). Available for work. Open to discussion on redeployment (as your current role has clearly gone with the TUPE - the question for *you* being what other contracts/prospects do they have and do they suit).  i.e even if they are organised to do it - is this actually going to generate a solution ongoing for you.

If none then this alternative role discussion is futile - but it still leaves them with a need to pay you out instead of tupe out based on their own prior actions.  Not your decision.

Absent redeployment to other work being a real possibility - then you may well trigger a "compromise agreement offer" for your statutory redundancy, pilon, missed pay, and a little bit more - just to go quietly. 

Which is what a "professional" HR person would do - if there is nothing on file and nobody around to justify continuing with a shaky disciplinary and attempt to bully you into resigning with nothing really underpinning it.  For fear of gross misconduct dismissal.

Of course - if you quit in a panic about the mortgage grabbing passing employment.  Then that is cheaper for them.  And worse for you - as you should really have what is owed before moving on. 

Slow walking it can be expected given the missing people and likely hopeless paper trail about the allegation.  Whatever the HR person suggests - management will hate it - this situation should not really exist in the first place.  An unwanted loose end.  And of course you may handily walk if they let the pot stand on the stove.

Not paying probably just means they sent the original "who are the team transferring list" to payroll.  And when they took you off the tupe list the required reversal never got done/got lost.  Likely cockup not conspiracy.

But do beware - based on what you have seen this organisation do before.  Some are more scrupulous than others.  A few might massage audit trail to create a reasonable belief around gross misconduct.  And at least try that out with you in a meeting to push for a "convenient" resignation as the "easy option" instead.  Whether you want to be in that poker game is now irrelevant.  You are.  Rack your brains for any clues as to what could have happened to generate this "breach of trust" (alleged) perception.  They proceed to disciplinary or don't. You push back, or don't.  You fold if they push - or don't.  It's your risk (conduct dismissal) and your reward (payout as due) or redeployed to new role.

J8319

Ok I’ve been in contact with Labour Relations Agency and have given them all the details I have on my situation they have taken the case on for early conciliation. The LRA have made contact with my employer and they have got back to me stating the employer is open to early conciliation. They have asked me what are my expectations getting this resolved to which I don’t really know to respond to the question. I’ve started new employment now as I could not sit without an income so reinstatement isn’t possible nor would I want to after the shambles that has been. My question is what would I be entitled to ? I do holiday hours that I didn’t get to use , Then suspended pay that was not paid , I’m sorry if it’s a silly question but I’m really out of my depth with this kind of thing.

General_Grant

As a starting minimum you need to ask for the money due to you for the pay due for the period of suspension, your notice pay, and your accrued holiday not taken (as long as neither your contract stipulated that it should be taken during notice nor you were advised ahead of the holiday period that holiday should be taken during notice).

Was there time between what would have been the end of your notice period and the time when you began your next employment?  Are you earning more or less in your new job than you were before?  (Sorry if you have covered those two questions on page 1 of this thread.)

gm0

Ah you have chosen to work elsewhere. 

So you should get your accrued holiday.  Agreement to leave now working no notice. Disciplinary dropped. 
Pay in lieu of notice. 
Good leaver
Holiday pay paid off

Commitment to a "clean" standard reference that you worked there date x to date y.  i.e. the (erroneous) suspension/disciplinary is dropped as it was never conducted.  Never mentioned again.

As you now do not want to go back and don't want it to interfere with your new employment - those basics will cover it. And be easy for them to agree as these are the legal minimums. 

Now to get rid of you after the failed to execute TUPE out assuming that was the outcome they now want also. 
They *should* have paid at least statutory redundancy to end your employment. 

One weeks pay per year of employment. Based on your current pay.  But capped at £700/pw gross

So you could attempt to extract this.  And there is little harm in asking for it.  As your request to conciliation.

But if you don't want to attend, go back, or this would break your new employment contract (overlapping employments are mentioned in your new contract).  And you have effectively "resigned and moved on".  Once you resign they don't have to.  And likely won't. 

It is a shame as it leaves some money on the table based on the cashflow pressure on you.

In your shoes I'd work out the accrued holiday.  The payable notice (per contracted notice period). 
And the statutory redundancy amount. 
And ask for immediate departure and for that total as a compromise agreement to exit by mutual agreement ending the long term employment 

And ask for the good leaver standard reference to be available on request.

If they agree - they will send you a draft agreement and pay for a lawyer to spend 30 minutes explaining it to you. (All employers need to do that for compromise to meet the standard expected for it to be valid). 
It will have a confidentiality and "No badmouthing" clause in it etc.  Mostly harmless.  But legally obtuse.  Which is why you can't be expected to sign without the 30 minute call.

Good luck.

J8319

Ok bit of an update guys , So my employer has responded to my letter of resolve to which I have asked for my suspension pay and holiday entitlement. Also some compensation added and for the suspension to be abolished from record so I’m able to use my time served as future reference. In there’s response they have asked for me to either resign from the company or for them to end my contract with them they have left the choice up to me. Now I’m not sure what is the best option or what difference it will make either way or why they have asked me this.

gm0

Then ask them to clarify what they mean - holding your decision until they do.  See below.

This appears to be a fairly transparent attempt to get rid of you for nothing.    By inviting you to resign. Not that unexpected.  Being suitably vague about what them ending the contract might be.  Preserving options.  And mild unspoken threat.

But if they haven't settled the suspension they can still tack left to "dismiss for cause" (and see what you then do). 
Or go the other way to "here is a compromise offer instead of the statutory redundancy we would otherwise need to do and give you by that route to end an employment contract for a long serving employee - who hasn't been sacked on capability. Or through a redundancy. Or for cause (conduct).  Or resigned.  Hence the letter.

It is your decision whether to risk a conduct dismissal and a tribunal fight.  Because you know you REALLY didn't do anything which justifies it.  And want the redundancy money due a long serving permanent employee. 

Or you resign and move on with new employment elsewhere and forget about it.  Agree to resign. Leaving the money on the table.  They don't pursue you further.  No risk of a conduct dismissal. Over.

I am not able to guide you what will happen or which way to jump. 

The consequences of conduct dismissal vis a vis new employment and what you told them about your situation could be unhelpful.  Untruths at recruiting can get you sacked for cause.   And the dismissal(s) could then also be an obstacle to future hiring.    This is not trivial.  Clearing your name via tribunal could also take months if you do.  And would not help with a "lying at recruitment" dismissal.  If you collected the double.  Cashflow.  They know that too.  It's why skirting around threatening dismissal works so well to invite resignations.

Only you know your financial situation, what happened or didn't.  How likely it is your now departed boss has left anything behind by way of supposed "evidence".  And as I said before.  What you have observed previously of employer ethics and behaviour more generally and their willingness to just make stuff up.

But you could make a holding reply along the lines of - your letter is confusing re the option of the employer ending the contract.   Could they please clarify.

Remind them no disciplinary was held. You have not been interviewed about any allegation nor told what it is.  There is no obvious reason to resign.  Nor any expectation that you will be disciplined and dismissed for cause. Yet what is also clear from the situation; the delay and the letter is that the old role has now disappeared with the TUPE. 
And the letter indicates that the employer no longer requires your services to to return and discuss alternative roles.  The old role is gone - you are effectively "redundant".  The employer now wishes to end your employment contract by one route or another.  You are slightly surprised - given your long service - dates x to y - why a compromise offer equivalent to statutory redundancy and time on suspension and vacation pay - has not been made to end the employment contract without needing the employer to perform additional unwanted extra processes for just you.  Perhaps this is, in fact what they *mean* by the employer ending the contract. Could they please clarify what they do mean. redundancy equivalent payment, notice, holiday, pay true up on suspension (if any missing), reference etc. 
So that you can then provide a fully informed reponse to the choice being offered in your letter of date x......And bring this matter rapidly to a mutually acceptable conclusion yours etc.

This will provoke either a legit offer to settle. Or a round 2 more threatening of dismissal letter back.  They say we meant - you can resign or we will dismiss for gross misconduct. 

And perhaps an invitation to an interview (disciplinary) where they will see if they can spook you into resigning face to face if they are bluffing about actually doing it.  Big pile of very confidential evidence (photocopier paper) in a file and a sorry but stern big boss + an HR person.  A play in a couple of acts.  There is always the small chance that the disciplinary meeting will be the real thing. And you did do something and you do get sacked.   And they are prepared to punt it on the evidence available.

Being non-committal on giving your final response to the initial "vague" letter leaves the off ramp open. 
Yet signalling in the way you describe it that you would *readily* accept the "proper" £ exit and go away without further trouble.  But don't see why this legal entitlement should be abandoned

Ask them to clarify what they mean by them "ending the contract.  This absent any disciplinary process having been performed at all as of date of letter.  Mention that - if it's still true.  Restate the dates. The suspension. To date of letter.

By doing this you again log in writing the fact that no disciplinary interview or meeting has ever been held. To current date.  If they do think more about trying to sack for cause.  You have another documented line in the sand which makes reinventing the past a little bit harder. Or they just fold and pay you out.  Because it's a bluff.  And they have nothing and don't want to deal with it.  And will make the legal payment.  If they can't push you to abandon it by gamesmanship.

Savvy_Sue

I'd definitely want to agree what they intend to write on any reference if you agree to resign. Yes, it would be nice to get some redundancy, holiday pay owed etc, BUT that reference is critical. What advice have the Labour Relations Agency given you about your choices: will they help you write to say that you will resign on the following conditions ... as set out in various posts above. 

However, you've said you've been offered employment elsewhere. Don't do anything to jeopardise that!