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Legal matters

Voluntary Severance during disciplinary process

6 replies

CapitalLetter · 24/03/2024 08:40

Hi,
If someone is in the midst of going through a disciplinary procedure which could possibly result in dismissal, and they apply for a voluntary severance scheme, is it feasible they could still be accepted and paid out? Or are there any rules in place that would make them illegible for the scheme due to the possibility of ‘escaping punishment’ and/or refused a payment or offered a lesser amount? Thanks, can’t seem to find the answer to this anywhere

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OhhhhhhhhBiscuits · 24/03/2024 08:47

Depends on the VSS policy for the company. Where I work if they can afford to lose the post for a minimum of 2 years (that's the policy they have for VSS) they may offer it to just get rid of you. If they can't afford to lose the post long term then they would refuse the VSS.

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ConflictedCheetah · 24/03/2024 08:56

May need to check their policies. I recently took voluntary redundancy and there were definitely clauses in the settlement agreement about dismissal making me ineligible for any payout but I can't remember the exact details. If he's not reached that stage they may be happy to pay to get him out rather than have to go through the dismissal process which is hard all round.

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TheNewDeer · 24/03/2024 08:57

is it feasible they could still be accepted and paid out? 

very very unlikely with a serious ongoing disciplinary

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HermioneWeasley · 24/03/2024 09:05

There is no law governing this, it entirely depends on the organisation’s policy.

if the disciplinary is likely to result in dismissal, I would think it unlikely they’d pay you to leave.

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CapitalLetter · 24/03/2024 20:04

Thanks to you all 😊

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Runnerinthenight · 24/03/2024 20:11

I'd also think it unlikely. If an organisation is going to dismiss someone anyway, they're unlikely to offer them a payout to go.

I suppose the person could put an application in anyway and see.

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