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Advice required regards employment situation rights - location of work

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  • Nothanks
    Nothanks Posts: 200 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Yes on the flexible working request. All the yes and thrice yes. They’ll likely decline but it has to be on one of the seven (I think, I have the flu so brain is absent) lawful reasons. This at least gives you something to work with. 

    Sorry about your health, that’s a toughie. Obvs brings reasonable adjustment into the flex working application. 

    But gotta say, tone down the combative attitude towards being sacked or a settlement. I can assure you now, neither will be as plain sailing or rewarding as you seem to think. 
    Union official.
    CiPD qualified.

    Anything I post is solely MY OPINION. It never constitutes legal, financial or collective bargaining advice. I may tell you based on information given how I might approach an employment dispute case, but you should always seek advice from your own Union representative. If you don't have one, get one!
  • Grumpy_chap
    Grumpy_chap Posts: 18,306 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The OP may have left it too late to raise the health issues and seek "reasonable adjustments".
    Similarly for a flexible working request.

    It seems clear that the employer considers the OP's performance to fall below the standard the employer requires.  Whether the employer's consideration is correct or not may be a point the OP can challenge if there are factual performance criteria that the OP can present to counter the employer's view.  Without that, the employer has the upper hand.

    As the OP notes, performance issues often require that a performance support plan (PSP) is in place before any more drastic disciplinary measures.  If I were the employer, I would quite likely include the need to attend the office as part of that PSP so that the employer can provide the OP with the guidance that is required.
    It seems as though the OP will then counter that support offered by the employer by citing health issues requiring "reasonable adjustments" and / or a flexible working request.  Does the OP have medical letters that show a recent change in medical condition that will support the health issues being raised now, rather than simply being a convenience?

    The OP would seem to be heading towards a scenario whereby the employer has noted inadequate performance.
    The OP will then suggest that is down to medical condition and a reason why the OP cannot attend the office to engage with the PSP.
    If I were the employer, I would say the OP is unfit for work, and sign off sick.  That means a short period of sick pay and then nothing...

    The OP still seems to have an attitude that they are entitled to a golden handshake and irreplaceable and a very bolshie attitude.  With regard to notice and 6-months pay, if the employer identifies gross misconduct, contract typically allow for dismissal without notice or pay.
  • LightFlare
    LightFlare Posts: 1,469 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Flexible working requests are more likely to be agreed if a benefit to the employer can be established

    They typically are remarkably easy to refuse
  • Mistermeaner
    Mistermeaner Posts: 3,024 Forumite
    Part of the Furniture 1,000 Posts
    Thanks for input ; what scenario could result in dismissal without notice? 

    Bare in mind nothing formal has been discussed with me yet, no concerns have been directly raised with me yet - it’s all noise and rumours and hearsay 

    I have a performance review from only a few weeks ago scoring me as achieving with complementary language around my performance. I have been recognised in writing for certain aspects of my work by a VP in the last week 

    while I’m frank about my feelings on here no one at work will know I “can’t be bothered” 

    yes I have medical reports about my condition 
    Left is never right but I always am.
  • Undervalued
    Undervalued Posts: 9,600 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 February at 12:57PM
    Thanks for input ; what scenario could result in dismissal without notice? 

    Bare in mind nothing formal has been discussed with me yet, no concerns have been directly raised with me yet - it’s all noise and rumours and hearsay 

    I have a performance review from only a few weeks ago scoring me as achieving with complementary language around my performance. I have been recognised in writing for certain aspects of my work by a VP in the last week 

    while I’m frank about my feelings on here no one at work will know I “can’t be bothered” 

    yes I have medical reports about my condition 
    Anything that could reasonably be construed as gross misconduct.

    "Ordinary" misconduct, if sufficiently serious, could still result in dismissal with notice (or pay in lieu) even for a first offence. Depending on the circumstances there doesn't always have to be warnings first.

    Also, keep in mind that even if the employer acts in a way that an employment tribunal might find to be (legally) unfair, you will still have the hassle of progressing it that far, many months down the line. A tribunal can't give you your job back or force the employer to give you a reference. Tribunal decisions are public information. Many prospective employers check and are seldom impressed.

    Plus, just scoring a technical win no longer guarantees any worthwhile compensation (or indeed any at all). Awards can be reduced, down to zero in some cases, if the tribunal feels you are partly to blame.

    Finally, most tribunal awards are far less than people fondly imagine. An average of c. £6K I believe. Yes there are occasional headline grabbing amounts but that must mean that many "won" cases get very little.
  • Mistermeaner
    Mistermeaner Posts: 3,024 Forumite
    Part of the Furniture 1,000 Posts
    FYI I’m not expecting any sort of mil£ payout - but as a minimum they must pay me my notice if I dismissed I think? 6months of a 100k+ salary as a minimum. In my experience should it come to that most likely to be a settlement agreement including PILON (6 months pay) + hols + redundancy (which the company has recently been paying at 2weeks pay per year of service). 
    Left is never right but I always am.
  • GingerTim
    GingerTim Posts: 2,621 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 16 February at 2:46PM
    FYI I’m not expecting any sort of mil£ payout - but as a minimum they must pay me my notice if I dismissed I think? 6months of a 100k+ salary as a minimum. In my experience should it come to that most likely to be a settlement agreement including PILON (6 months pay) + hols + redundancy (which the company has recently been paying at 2weeks pay per year of service). 
    While not a very helpful response, 'it depends' is probably an accurate response.

    Does your company have a redundancy policy anywhere? For instance, I know exactly how much I would get if my employer decided to make me ordinarily redundant tomorrow.

    Your union rep would be a good point of call.
  • Mistermeaner
    Mistermeaner Posts: 3,024 Forumite
    Part of the Furniture 1,000 Posts
    edited 16 February at 2:52PM
    No policy but custom and practice has been 2 weeks per year of late 

    I also don’t have access to union hence asking you kind souls :)
    Left is never right but I always am.
  • GingerTim
    GingerTim Posts: 2,621 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 16 February at 3:04PM
    No policy but custom and practice has been 2 weeks per year of late 

    I also don’t have access to union hence asking you kind souls :)
    Is the 6 months' salary also standard? Sadly custom and practice is no substitute for a codified policy. And no guarantee of anything.
  • Mistermeaner
    Mistermeaner Posts: 3,024 Forumite
    Part of the Furniture 1,000 Posts
    6 months is in my contract as the required notice period 
    Left is never right but I always am.
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