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AIBU?

To feel like I've jumped out of a plane with no parachute and am hurtling towards concrete

16 replies

plim · 26/11/2012 23:02

Husband got summoned into a meeting room by his wanker boss and hr today to be told that they are 'making organisational changes and that his personality clashes with those changes', he was offered a compromise agreement ie two months pay and legal costs. They took his laptop phone and security pass and he left, no warning, no heads up. It's a times top 100 business, huge corporate and husband feels we take the money even though its not even equivalent to redundancy. We have just bought a house, I am at home with three children and am on maternity leave but have no job to ho back too. We are in our overdraft on all accounts. Husband is downstairs getting bladdered.

I could cry but am too tough for that. But ducking hell their timing stinks. :(

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pinkteddy · 26/11/2012 23:10

Has he signed the agreement? Two months pay sounds very little. My colleague got equivalent of about 6 months pay for something similar. How much service did he have?

I'm really sorry you are going through this.

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plim · 26/11/2012 23:12

2 yrs, no he hasn't signed

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squeakytoy · 26/11/2012 23:12

Is there any substantial reason for them to have done this? Or is it worth pursuing a claim for wrongful dismissal?

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squeakytoy · 26/11/2012 23:13

I would tell him to seek urgent legal advice before signing his rights away.

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mummydarkling · 26/11/2012 23:13

Has he any length of time at the firm? Will standard redundancy not be better? Is he in a union?

I am so sorry, my hubby had to leave his job after a change of management. he has a new job now but it knocked the stuffing out of us. I really do feel for you and your family.

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pinkteddy · 26/11/2012 23:16

I wouldn't sign it until you have taken advice. Before pursuing a claim for wrongful dismissal I would definitely try to negotiate a better offer. Do you know anyone who could offer you employment advice? Might be better to repost this under employment threads as quite a few HR experts post in there.

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plim · 26/11/2012 23:16

No substantial reason, new boss who's a nasty piece of work, they are known as a business to be cut throat, one of the top three telecoms companies. We are really screwed financially

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kdiddy · 26/11/2012 23:24

plim that's awful, and it sounds incredibly dodgy to me. If he wasn't already in any formal dispute with them, they have opened themselves up hugely to an unfair dismissal claim from your DH. In order to lawfully dismiss someone they have to follow a fair process, which appears to have bypassed them, and in actually taking his equipment off him ... well, words fail me.

He must get legal advice immediately. Absolutely do not sign or agree to anything. He might have to accept now that he will probably be leaving one way or another - this is the time to negotiate absolutely the best deal possibly for him and your family. What is his length of service? Two months' pay sounds derisory - I would be arguing for ££ towards breach of contract, failure to follow a fair process, loss of benefits, pension etc., full notice pay etc. etc.

How did he leave it with them? It would be best if he proceeded on the assumption that it was work as usual - i.e. that his actions don't suggest he is agreeing with what they've said - although it will be very difficult to do that if he can't get into the building. It must be very stressful indeed. He could always go to his GP tomorrow and be signed off work as such. Call his boss and explain that the conversation has knocked him for six, and has caused his considerable stress and as such he is not in a position to continue discussion until he feels able. This might buy some time to get some legal advice on how best to proceed. Does he get company sick pay?

Utter utter bastards. IME they bank on the fact people do not understand their rights or the law, and sadly I have seen this happen too many times before.

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pinkteddy · 26/11/2012 23:26

Just posted a long post and it didn't work!

A few more thoughts: 1) check your insurance to see if you have legal cover for employment 2) go to CAB for advice 3) Draw on any friends/family/contacts who may know something about HR. 4) Dig out any contracts/emails/letter re Dh's employment. Any issues with performance put in writing? If not they don't have a case - you have a strong case. 5) repost this thread under employment as HR people often post there

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kdiddy · 26/11/2012 23:28

Sorry plim - you said 2 years' service which is where I assume they have got 2 months' pay from. Well he has full employment rights then so could pursue a claim at tribunal if they don't come up with an offer which is worth your while to agree to. He's still employed, he will still be getting paid. Do not rush any decisions. This is their starting position, and they are taking the piss.

Where are you? I know a bloody good employment lawyer in Manchester who's helped my DH get not 1 but 2 cracking compromise deals - not cheap but worth it in the end (and they've said they'll pay legal costs haven't they?).

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Graceparkhill · 26/11/2012 23:35

A terrible shock for both of you and I think you need to be kind to yourselves and pull together on this.

I couldn't agree more about getting specialist legal advice- tomorrow.
I don't imagine you are in/ near Glasgow but I can highly recommend someone
if you are.

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apostropheuse · 26/11/2012 23:36

That sounds awful. It certainly doesn't sound as if they've followed proper procedures.

I have heard of that type of action being taken for gross misconduct - it has been that sudden. In fact I've heard of people having all work items removed and being escorted to their desk to retrieve personal items and then escorted off the premises.

I don't think it's normal in the circumstances your husband has described though.

I hope you seek some employment law advice as soon as possible.

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squeakytoy · 26/11/2012 23:38

Employment law still applies no matter how high up on the list of companies they are!

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GrumpyCynicalBastard · 26/11/2012 23:40

OP if you're in the South East I can recommend a shit-hot employment lawyer down this way.

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cumfy · 27/11/2012 00:12

Are you sure you're getting the full story ?

Doesn't sound like a well-planned departure.

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plim · 27/11/2012 09:17

They put him on performance review in the summer which he appealed over as his boss has been bullying him for quiteca while, he met all the performance objectives and then got told by his boss that the performance review was closed an that he had done a great job. He then started bullying stuff again like not signing off holiday, excluding him from key meetings and dh took legal advice andcalso registeredvwith an employment counsellor who has been counselling him on this for 2 months. So there is a history but still not warranted.

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