Accepted redundancy settlement agreement, am now under investigation. Seek legal advice?

starrybear

So the company have sent a letter via email telling him there were a significant number of files deleted and they are considering it as an act of gross misconduct. 

He is therefore entitled to nothing and is ro return all property including company car tomorrow.

We'll be seeking legal advice today but im unclear on a couple of things.

When the settlement agreement was signed and sent last Friday, we heard nothing more until the allegation call yesterday. So no termination date had been communicated at this point (it wasn't stated within the agreement)

As I see it, until he'd received that (today's comms notwithstanding) he was still in their employment, meaning that the company disciplinary process should be followed according to the ACAS code of conduct. He's been given no right to reply and this doesn't seem right?

sheramber

starrybear said:

So the company have sent a letter via email telling him there were a significant number of files deleted and they are considering it as an act of gross misconduct. 

He is therefore entitled to nothing and is ro return all property including company car tomorrow.

We'll be seeking legal advice today but im unclear on a couple of things.

When the settlement agreement was signed and sent last Friday, we heard nothing more until the allegation call yesterday. So no termination date had been communicated at this point (it wasn't stated within the agreement)

As I see it, until he'd received that (today's comms notwithstanding) he was still in their employment, meaning that the company disciplinary process should be followed according to the ACAS code of conduct. He's been given no right to reply and this doesn't seem right?

I would think his right to reply would be if and when the company take any action.

At the moment  that decision has not been made. 

starrybear

Following on from a previous post:

Husband took voluntary redundancy and signed a settlement agreement.

Since then, hes been (wrongly) accused of gross misconduct which is a breach of the agreement, so any enhanced payment has been rescinded. (We're taking legal advice)

My question at the moment is whether he'll still receive his statutory redundancy payment, which after nearly 15 years of service, would really help at this time? The final paperwork doesn't mention it, just the PILON and additional goodwill payments.

Thank you 

HampshireH

Please put this on your original post as it will confuse things. Have asked the forum to merge it

starrybear

As a follow up, im wondering (well, hoping);

Will he still receive his statutory redundancy payment, which after nearly 15 years of service, would really help at this time? The final paperwork doesn't mention it, just the rescinding of the PILON and additional goodwill payments.

DullGreyGuy

starrybear said:

As a follow up, im wondering (well, hoping);

Will he still receive his statutory redundancy payment, which after nearly 15 years of service, would really help at this time? The final paperwork doesn't mention it, just the rescinding of the PILON and additional goodwill payments.

What's the "final paperwork"? Yesterday you were still talking about sending an initial letter so hearings haven't happened etc yet. 

You get enhanced, contractual or statutory redundancy if you are made redundant. You dont get redundancy if you are fired for gross miss conduct or resign during a disciplinary process.

MattMattMattUK

starrybear said:

Following on from a previous post:

Stop creating new threads, stick to one, it makes things much easier.

starrybear said:

Husband took voluntary redundancy and signed a settlement agreement.

Since then, hes been (wrongly) accused of gross misconduct which is a breach of the agreement, so any enhanced payment has been rescinded. (We're taking legal advice) 

From your previous posts he has not wrongly been accused, his actions may well constitute gross misconduct, incompetence is no excuse for the actions he took, although it may be accepted as a mitigating factor.

starrybear said:

My question at the moment is whether he'll still receive his statutory redundancy payment, which after nearly 15 years of service, would really help at this time? The final paperwork doesn't mention it, just the PILON and additional goodwill payments.

Thank you 

From your previous posts it appears that they are still investigating his alleged gross misconduct, they as is their right withdrew the enhanced package. He would only be entitled to statutory redundancy if he is made redundant, if he is dismissed for gross misconduct he does not get a redundancy payment nor a notice period or pay, just pay and holiday accrued up until the date his employment is terminated.

starrybear

So he sent in the signed settlement agreement last Friday, and he's today been told that that was his termination date (20th)

The allegation of GM was made yesterday and today he's received the withdrawal of PILON etc. So this allegation has come after termination of contract - are they likely to withdraw the statutory?

DullGreyGuy

As already answered, dismissal for gross misconduct would result in no payment however you'd expect a hearing etc before the decision on the outcome etc. 

What does what was received actually say? Ideally post an image of it redacting all the personal details. 

starrybear

His settlement agreement was accepted on the 20th, and that was the termination date, apparently.

They're now saying the files were deleted on the 19th (he can't confirm or deny, as his head is all over the place), but when they brought this to him yesterday, hes no longer under their employment. 

I know its a grey area...