Unusual situation - Need advice. Concerns about summons

(60 Posts)
HRarehoundingme Tue 25-Oct-16 19:15:45

Unusual situation as I work for a small domestic company that has few employees and no HR.

September

Employer states to myself and other people that she has no concerns and is happy with my work.

Employer states in an email that I am their 999 and they can trust me explicably.

Time line

19th September I was made to attend an unscheduled meeting with employer, no prior warning given throughout the day etc /unable to bring representative. At 6pm when leaving told we need to speak.

Employer recorded the meeting on her mobile phone; I have not received a copy of this and am unaware of its use/storage etc.

Told allegations were made but not told what these allegations were/the timeline so unable to provide an adequate response.

I was told there were 2 routes to take 1 to leave/1 to have disciplinary action - I would be allowed to choose which was better option.

Told not to come in on the 20th and would have a phone call to discuss what would happen next.

20th September no phone call although employer alleges she called.

21st September email terminating contract received. NOT FOR GROSS MISCONDUCT JUST TERMINATING CONTRACT. I responded immediately to advise I had received the document. No opportunity to meet again to allow me to present my case etc. I am unhappy with the wording of the termination email and state this in my email.

Between 21st September - 8th October I receive several other emails/phone messages from the employer.

8th October several phone calls from both employers over the course of a 9 hour period.

9th October several phone calls from both employers culminating with employer turning up on my doorstep to engage in a meeting.

10th October meeting with employers. Employer annoyed that she had been asked for 2 references despite me still working for her (termination in place not still in employment ) Employer states there were concerns raised by my own personal acquaintances. These were not to do with my role/position but about character and personality. Another meeting arranged for the 14th October made.

13th October I am made aware that the meeting on the 14th October is to be cancelled.

21st October I am told to attend a meeting again with the employer but this will be carried out with a friend in a professional capacity friend is a HR specialist.

I have since been made aware that prior to events the employer was asking personal acquaintances of mine opinions on my character and trying to find out information about my personal life.

Since the termination i have not received my p45, the promised 6 week salary has not been paid and I have not been reimbursed my expenses. The job centre states that no comment has been made by my employer regarding my application for jsa. I still have belongings at the property which I need to collect; I have advised that I will collect when the employer is absent but in the presence of a colleague but this has not been arranged.

As a former employee I don't believe I need to attend any meetings, respond to emails or phone calls which I see as least as badgering or at most as harassment causing me undue stress and anxiety.

Could you please advise in an informal entity whether you believe there is anything to gain from another meeting.

Had there been an opportunity to provide a way back into the workforce I would understand the need for meetings but as such and with the termination contract worded as such I don't understand the reasoning behind it all.

HRarehoundingme Tue 25-Oct-16 19:43:52

If i no longer work for them is this true "If you do not attend this meeting, without good reason, then the employer can escalate such lack of attendance under its disciplinary procedure"

Balletgirlmum Tue 25-Oct-16 19:48:27

How long have you worked there?

HRarehoundingme Tue 25-Oct-16 20:19:05

I had been there for 2.6 years

Balletgirlmum Tue 25-Oct-16 20:21:45

That's good. Over two years & they can't sack you without going through a proper disciplinary process.

I would contact ACAS for some proper advice.

MerylPeril Tue 25-Oct-16 20:26:49

Unbelievable!

I don't know anything about these things but this all sounds appalling flowers

lougle Tue 25-Oct-16 20:29:31

I think you're trying to stay a bit vague for anonymity, but it's making it a bit hard to understand. In a nutshell, though, they haven't properly dismissed you and you've worked for them for more than 2 years, so you could potentially pursue an unfair dismissal claim.

HRarehoundingme Tue 25-Oct-16 20:46:08

Okay I was a nanny for 2.6 years I have an email saying they have terminated my employment. I no longer work there. How can this be true "If you do not attend this meeting, without good reason, then the employer can escalate such lack of attendance under its disciplinary procedure"

HRarehoundingme Tue 25-Oct-16 20:53:30

Sorry this is snippets from an email I received from the HR woman

This is an informal meeting and therefore you do not have any rights to be accompanied

If you do not attend this meeting, without good reason, then the employer can escalate such lack of attendance under its disciplinary procedure, so even if you are worried please put that to one side as to attend is in your best interests in the longer term, no matter how worried you are and really it will be fine.

Balletgirlmum Tue 25-Oct-16 21:03:47

HR woman has told employer that what she has done is illegal & she's trying to retrospectively follow the correct procedure.

lougle Tue 25-Oct-16 21:04:00

Go to ACAS. You can't be terminated and disciplined for non-attendance of a meeting at the same time. You either do or don't work for him/her. You can't be disciplined if you've already been sacked....you need help from someone who can see all the paperwork and facts.

Balletgirlmum Tue 25-Oct-16 21:05:38

An informal meeting can't usually lead to discipline, it is purely investigatory & is meant to try & resolve minor workplace issues.

It has to be followed up by a formal meeting where you do have the right to be accompanied.

HRarehoundingme Tue 25-Oct-16 21:38:54

So I can just not show up because on the letter I have (she didn't just email) it sounded like a worded threat if I didn't go that I could be made to attend

Balletgirlmum Tue 25-Oct-16 21:41:38

If you don't show up without good reason it can & probably will escalate.

HRarehoundingme Tue 25-Oct-16 21:44:49

But I don't work for them anymore what if I was busy at work?

HRarehoundingme Tue 25-Oct-16 21:45:34

But can I be sacked for another reason if I've already had my contract terminated?

Balletgirlmum Tue 25-Oct-16 21:46:09

However they are illegally withholding your pay.

Balletgirlmum Tue 25-Oct-16 21:47:38

You need proper advice.

The HR person has probsbly told them they can't sack you so you do still work for them & they had better go through the proper process or you will sue for unfair dismissal.

tigerdriverII Tue 25-Oct-16 21:48:41

Do you have a new job?

HRarehoundingme Tue 25-Oct-16 21:49:42

I have a temp job (39 hours) I've just started. And a full time job to start in January.

Balletgirlmum Tue 25-Oct-16 21:52:04

Ok put it this way. My boss recently wanted to give a written warning to someone because despite attending recent training where hecwas told how to do something he left a site atvthec end of the day & didn't bother to turn something off which caused hundreds of pounds damage to a clients property.

I spent the entire day convincing boss he couldn't do that & had to invite him formally to a meeting etc etc.

If it's gross misconduct you can be dismissed but they still have to follow a disciplinary. If it's a safeguarding or other serious issue they can suspend you on full pay whilst investigation takes place.

They cannot just terminate your contract.

anotherdayanothersquabble Tue 25-Oct-16 21:54:10

You were a nanny. Your employer, who from the sounds of things has no experience of employment law and did not seek advice before dismissing you, has sacked you without following any procedures. You have grounds for a case of unfair dismissal. Seek advice and decide if you want to take her to tribunal. Lack of references could make it difficult for you to find another job. I would consider it.

Iizzyb Tue 25-Oct-16 21:54:12

Register for early conciliation with Acas via their website. They'll help you. Don't go to any meetings. What a lot of nonesense. You have enough service to claim for unfair dismissal but luckily you've found new work. Try & get a good settlement including an agreed reference xx

HRarehoundingme Tue 25-Oct-16 21:54:43

So basically I am still employed by them. I could go to this meeting and they could tell me they're sacking me. Despite the fact I stopped working for them on the 20th September.

tigerdriverII Tue 25-Oct-16 21:54:57

You should of course be paid for the work you have done, but if you have a temp job now and a permanent job soon it won't be worth bringing an ET claim

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