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Employment Lawyers: can I get your advice on this please? :(

(9 Posts)
ChuckNorrisChop Tue 03-Nov-15 18:20:46

I've posted this in legal too.

I'm currently going through a disciplinary proceedure as my employer wants to remove me from the business. They've raised a very minor issue as gross misconduct and offered me a settlement (prior to the outcome of the disciplinary).
Ive been offered 3 months salary to go quietly but i believe i have a strong case if it goes to tribunal.

I wanted to know whether an average settlement at a tribunal would be better financially? I've got a family to support as I have 2 DC and my partner is a SAHP.

Also, I met with HR off site, in an unoffical capacity where they confirmed the grievence was to get rid of me. (I have a recording of this discussion) Can I use this?

I very much appreciate any help with this - not sure what to do now.

confusedandemployed Tue 03-Nov-15 18:22:47

How long have you worked there?

If they genuinely believed you guilty of GM they would not offer a settlement.

ChuckNorrisChop Tue 03-Nov-15 18:28:09

Thanks for the quick response.

I've been there 2 1/2 yrs.

Shakey15000 Tue 03-Nov-15 20:14:56

What a bizarre situation. As you've been employed longer than two years you would be eligible to pursue an unfair dismissal claim. However awards have been capped in the last year or so, so bear that in mind. Google will throw up the ins and outs of this.

Agree with confused that, if they were confident of GM, very unlikely to offer settlement.

What is the minor issue? Are other employees "guilty" of the same minor issue and not had disciplinaries etc? Would you want to carry on working there anyway, settlement or not? Would you be prepared for the arduous stresses of tribunals with zero guarantees? Not sure what you could do with the recording unless to wangle bigger settlement or where you stand legally having recorded unknowingly etc

DoreenLethal Tue 03-Nov-15 20:21:30

If you are being offered a compromise agreement, which is what a pay off is - they need to pay for you to consult a solicitor who will be able to advise you on the ins and outs. When you get an agreement - you also need to make sure that the details are never discussed in a reference, and that any reference is agreed beforehand as to the reason that you have left.

confusedandemployed Tue 03-Nov-15 20:25:03

I think this is one you need to discuss in person with an employment lawyer. In order to get proper advice you'll need to give all the facts, which I appreciate you can't do on an anonymous forum.

But as shakey says, tribunal awards have been capped and with relatively short length of service I suspect you'd be better off taking the money and running - provided that your settlement agreement made provision for a good reference.

ChuckNorrisChop Tue 03-Nov-15 20:32:49

Thanks for your responses. Lots to consider there.

I'd love to tell you all the frustrating details but as you say I have to limit it on here.

Incidentally, when I met with a local solicitor he told me this company had done this sort of thing before to previous employees.

I wouldnt really want to continue there now, the trust is completely gone.

Shakey15000 Tue 03-Nov-15 20:41:46

Sadly, I know exactly the type of company. Completely immoral and little can be done. I hope you get a satisfactory outcome. But believe me when I say, suing, tribunals and the like are exceedingly stressful.

Whatever happens...good luck Chuck thanks

ChuckNorrisChop Tue 03-Nov-15 22:01:22

Thank you for all the responses and the flowers Shakey much appreciated. I'll seek some face to face advice and considor my next move.

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