Employer Issues

[daftndirect]

My partner is experiencing difficulties with her employer. She has recently had disciplinary proceedings brought against her and an accusation of gross misconduct and given an option to stay and accept certain conditions rather than dismissal. I smell a big fat rat as this only seems to have come to light since her announcement that she is pregnant. The company is small and vulnerable she is the main source of technical and billable expertise within the organisation. The company are using an outsourced HR function who are pretty clunky in their approach. I believe that there have been failings in the way she has been treated and failings in the employers duty of care while she has been recently overseas. Aside from ACAS can anyone recommend a good legal starting point to make complaints and respond to the settlement offer?

Thanks
Ian

[FunkyBoldRibena]

Settlement offer? Are you saying they are trying to pay her off?

If so, it is called a compromise agreement and they have to pay - by law - for a solicitor. So she needs to get one pronto.

[Slowdownsally]

Contact workingfamilies.org.uk

They have a legal helpline and are absolutely amazing people.

To help them understand, get together a full chronology of events and key moments. This will also be useful if you follow a legal route.

If you have home contents insurance, check to see if your policy covers legal advice for employment issues. You can then get them to assess a possible claim and then pick your own or their solicitor.

[daftndirect]

thanks both
Funky - excuse my terminology - they have offered a compromise to terminating her employment which is basically removal of certain status and proposed punitive measures. The removal of this status includes the removal of certain benefits that she would have been entitled to whilst on maternity.

Slowdown - Thanks, we have put together a pretty hefty bundle including chronology and will check out the link

regards
I

[flowery]

Your terminology was correct, it is a settlement offer and the agreement will be a settlement agreement.

As Funky says, for a settlement agreement to stand up, they need to pay for your partner to take legal advice on it, so she shouldn't have to be claiming on house insurance or rinning helplines.

If her employer hasn't made it clear that she should seek proper legal advice and that they will pay for it, and put that in the draft agreement, she should go back to them and insist on that.