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Offered redundancy & then fired....HELP NEEDED?



byf1

Active member
Mar 22, 2012
271
Dear all,

I made a boo boo in my job and got drunk at a staff party whilst working overseas, I didn't really do anything wrong, of that i'm sure baring having a drink and a dance but I got a complaint made against me that my behaviour was 'Innapropriate'. I got called to a meeting to discuss it and they said "that's it im afraid, no more at this company" as they are protecting a global contract etc and want to show that they are doing something about the complaint so getting rid of me shows that I suppose.

Now my company wouldn't tell me who the complaint was from or what it was really about & I of course argued my innocence as after 6 years of working hard for them with no complaints against me, quite the opposite in fact, I generally thought it was more than harsh! They told me not to worry though as they would offer me a redundancy package that would suit all parties, I drove down to Wales and held a meeting and listened to the offer.

The package I was offered was decent and ensured basically I get paid until end of Feb, I signed this and sent it back to them. I have a copy of the agreement.

A few days later it was found that I didn't complete some work I should have done, I hold my hands up it was a genuine mistake and the CEO of my company via someone else (my old boss) threatened me on the phone that if I didn't complete the work then I wouldn't be paid the redundancy money that I was offered.

This angered me and I wrote an email back saying they shouldn't be using my redundancy offer as bait and that there was no mention of this in the agreement and also the fact that my behaviour has been exemplary for almost 6 years now and this offer was made for this reason. I wrote that I wanted a line drawn under this and the payments made as agreed. An email came back and said I'm sure we can sort this out amicably.

That was a week ago today and there's been no further contact as I've been waiting to hear from them, I cant help but think they are digging to find things and fine tooth comb through my work to try to build up a case for a sacking. I'm in limbo at the moment, I've contacted citizens advice who put me onto ACAS who listerally told me to sit tight.

At the moment I guess I'm still employed by them.....I literally have no idea!

HELP PLEASE
 






nwgull

Well-known member
Jul 25, 2003
13,744
Manchester
I can't give you any specific help, but I will say that it is really really hard to sack someone. An unsubstantiated complaint wouldn't be enough. Not completing one piece of work wouldn't normally be enough either, unless you had a history of slacking, which it sounds like you don't.

If you need any reassurance, look how hard it is to sack a football manager without paying off his contract!!!
 


byf1

Active member
Mar 22, 2012
271


byf1

Active member
Mar 22, 2012
271
I can't give you any specific help, but I will say that it is really really hard to sack someone. An unsubstantiated complaint wouldn't be enough. Not completing one piece of work wouldn't normally be enough either, unless you had a history of slacking, which it sounds like you don't.

If you need any reassurance, look how hard it is to sack a football manager without paying off his contract!!!

Yeah my past is totally clean with no warnings written or verbal, just the odd usual work bollocking for getting something wrong that happens to us all. My main concern is that they can now build a case against me whilst in this limbo period by collecting anything and everything they can like sifting through old emails etc.

I'm kind of still employed by them as I've not been told otherwise unless this redundancy agreement is sorted.
 




Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
20,994
The arse end of Hangleton
Thanks for this, I was considering this as an option. The only thing I want to stay clear of is being the first to take this step, I kind of want to not piss them off or push them for now.....bit in limbo!

No agreed, not worth annoying them but that doesn't stop you getting confidential advice on the situation in the mean time. Fiona has always given me about 20 minutes for free at the start just to review the situation and decide if she can help ( which she always has been able to ). At least then you know where you stand legally and that alone puts you in a strong bargaining position.
 


byf1

Active member
Mar 22, 2012
271
No agreed, not worth annoying them but that doesn't stop you getting confidential advice on the situation in the mean time. Fiona has always given me about 20 minutes for free at the start just to review the situation and decide if she can help ( which she always has been able to ). At least then you know where you stand legally and that alone puts you in a strong bargaining position.

Bloody good point mate. I'll give her a buzz
 


father_and_son

Well-known member
Jan 23, 2012
4,646
Under the Police Box
Check your home insurance policy, car insurance policy and bank account.

These often have a legal helpline bundled in who can advise what your next steps should be from a legal stand point. These helpline can advise on ANY legal matter whether or not its related to the policy/product it came with.

In the absence of this, speak to a solicitor. You are in a minefield of complex legislation that most HR departments (in my experience) are pretty clueless about and the sooner you have someone in your court the quicker you can run rings around them and get the result you want.
 




drew

Drew
Oct 3, 2006
23,043
Burgess Hill
The fact that they won't provide info regarding the complaint would seem to put them on very dodgy ground as that doesen't allow you to challenge the allegations. I get the impression that you are not at work so presumably you cannot do the work that was outstanding. If you are able to do it, would it not serve your arguments better by doing it. As others have suggested, you should speak to an employment solicitor as the redundancy package might just be a way of them trying to avoid a tribunal when you might get a lot more!

I'm no expert but have been in a situation where I issued tribunal papers but in my case, I withdrew them as I found a better job and suffered no loss.
 


PWA

European Tour 2023/24
Jul 23, 2011
1,467
West Sussex
It sounds like you have a strong case.

Don't take this lying down. (They want you just to accept it and go away)
 






Northstander

Well-known member
Oct 13, 2003
14,028
Dear all,

I made a boo boo in my job and got drunk at a staff party whilst working overseas, I didn't really do anything wrong, of that i'm sure baring having a drink and a dance but I got a complaint made against me that my behaviour was 'Innapropriate'. I got called to a meeting to discuss it and they said "that's it im afraid, no more at this company" as they are protecting a global contract etc and want to show that they are doing something about the complaint so getting rid of me shows that I suppose.

Now my company wouldn't tell me who the complaint was from or what it was really about & I of course argued my innocence as after 6 years of working hard for them with no complaints against me, quite the opposite in fact, I generally thought it was more than harsh! They told me not to worry though as they would offer me a redundancy package that would suit all parties, I drove down to Wales and held a meeting and listened to the offer.

The package I was offered was decent and ensured basically I get paid until end of Feb, I signed this and sent it back to them. I have a copy of the agreement.

A few days later it was found that I didn't complete some work I should have done, I hold my hands up it was a genuine mistake and the CEO of my company via someone else (my old boss) threatened me on the phone that if I didn't complete the work then I wouldn't be paid the redundancy money that I was offered.

This angered me and I wrote an email back saying they shouldn't be using my redundancy offer as bait and that there was no mention of this in the agreement and also the fact that my behaviour has been exemplary for almost 6 years now and this offer was made for this reason. I wrote that I wanted a line drawn under this and the payments made as agreed. An email came back and said I'm sure we can sort this out amicably.

That was a week ago today and there's been no further contact as I've been waiting to hear from them, I cant help but think they are digging to find things and fine tooth comb through my work to try to build up a case for a sacking. I'm in limbo at the moment, I've contacted citizens advice who put me onto ACAS who listerally told me to sit tight.

At the moment I guess I'm still employed by them.....I literally have no idea!

HELP PLEASE

Something doesn't add up here, if the above is true....they cannot withold information of which they are using as a basis to terminate your contract. As per previous posts...I would get some legal advice on this as could be unfair dismissal.....don't quote me though and good luck
 




Beach Hut

Brighton Bhuna Boy
Jul 5, 2003
71,955
Living In a Box
They have to hold a disciplinary hearing as laid down by company procedures to fire you

Or alternatively reach a compromise solution which is what seems to happen where I am and is quite distrustful as well as it is a way to try and avoid redundancy.
 




Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
20,994
The arse end of Hangleton
Or alternatively reach a compromise solution which is what seems to happen where I am and is quite distrustful as well as it is a way to try and avoid redundancy.

.... and always comes with a confidentiality clause so the employer can hide their dodgy practices.
 


Beach Hut

Brighton Bhuna Boy
Jul 5, 2003
71,955
Living In a Box
.... and always comes with a confidentiality clause so the employer can hide their dodgy practices.

Quite probably, I will let you know when it inevitably happens to me
 


happygull

Active member
Dec 28, 2011
177
Hope this helps from my personal experience.
Firstly do NOT call this redundancy, redundancy applies when the role is no longer there, and having read your message it appears they just want to discipline and dismiss you but haven't got enough to achieve their aim. So they have come back with what is called a COMPROMISE agreement, basically we will pay you X amount of money and you sign away your rights to take them to a tribunal etc. By employment law when issuing a compromise agreement your company also has to agree the cost of you taking their agreement and discussing this with an employment lawyer ( approx. £200 per hour) before you even sign anything, so the fact they got you to sign away your livelihood for a few months in reality means .....
1 They are totally clueless
2 Seek the correct legal advice you can afford so that ....
3 Armed with the knowledge and new found confidence ... you can go scare the crap out of them and make them squirm

p.s. Probably wont get you your job back though
 


spanish flair

Well-known member
Jan 30, 2014
2,349
Brighton
Check your home insurance policy, car insurance policy and bank account.

These often have a legal helpline bundled in who can advise what your next steps should be from a legal stand point. These helpline can advise on ANY legal matter whether or not its related to the policy/product it came with.

In the absence of this, speak to a solicitor. You are in a minefield of complex legislation that most HR departments (in my experience) are pretty clueless about and the sooner you have someone in your court the quicker you can run rings around them and get the result you want.

I think this a good point if you have taken legal protection through your house insurance.
I think this is needed more so now since the changes in taking companies to a tribunal, with the required increase of service from one to two years before you can apply, also the upfront money you have to pay to go through the tribunal. My legal protection covers me up to £50k for legal action against my employer and of course the time limit is up to 6 years for civil court action to make a claim, unlike the three months for a tribunal.
 




Mattywerewolf

Well-known member
Mar 7, 2012
894
Saff of the River
Hope this helps from my personal experience.
Firstly do NOT call this redundancy, redundancy applies when the role is no longer there, and having read your message it appears they just want to discipline and dismiss you but haven't got enough to achieve their aim. So they have come back with what is called a COMPROMISE agreement, basically we will pay you X amount of money and you sign away your rights to take them to a tribunal etc. By employment law when issuing a compromise agreement your company also has to agree the cost of you taking their agreement and discussing this with an employment lawyer ( approx. £200 per hour) before you even sign anything, so the fact they got you to sign away your livelihood for a few months in reality means .....
1 They are totally clueless
2 Seek the correct legal advice you can afford so that ....
3 Armed with the knowledge and new found confidence ... you can go scare the crap out of them and make them squirm

p.s. Probably wont get you your job back though

This. You can't be made redundant only your role. If that's the case they can't re-employ someone into the same role. If they want to sack you based on performance they will need to have given you verbal and written warnings over a period of time for it to stand up. Seek proper legal advise as per above posts to get into the minutiae, but based on your version they don't appear to have a leg to stand on and you should be able to get a Compromise agreement in full and final settlement, together with payment for you notice period. Good luck!
 




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