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Unusual situation - Need advice. Concerns about summons

59 replies

HRarehoundingme · 25/10/2016 19:15

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.

OP posts:
GahBuggerit · 29/10/2016 16:49

Settlement tells me they know theyve ballsed up.

Part of settlement includes an agreed reference so thats covered. is it for a decent amount?

HRarehoundingme · 29/10/2016 17:27

I have legal cover but I want them to pay what they should pay.

OP posts:
insancerre · 30/10/2016 07:21

You can't be sacked for being a bit grumpy
Blimey, we would all be out of a job, if that was the case
Good luck with what you decide to do now

HRarehoundingme · 30/10/2016 10:15

They reckon there are allegations of misconduct now - and say that if I don't sign this then they will pursue misconduct and this will ruin my reputation. I don't believe they have anything or whatever it is will be misrepresented/a lie but I'm still of the verdict if I don't work there [which they are disputing - but ACAS/lawyer are supporting] that I can't be tried/convicted/sacked for this?

OP posts:
BreakWindandFire · 30/10/2016 12:10

Sounds like these new threats are coming from your ex-employer without the advice of their HR person? I hope they were in writing.

notapizzaeater · 30/10/2016 12:15

Sounds like they are panicking and trying to stop you

rollonthesummer · 30/10/2016 12:16

What are the allegations of misconduct?

HRarehoundingme · 30/10/2016 12:25

I haven't been told what the allegations are.

OP posts:
footballmum · 30/10/2016 13:37

ACAS and your employment lawyer are right. Get legal advice on the agreement (it's not valid if you don't) and only sign if you're advised it's a fair deal. You may also want to check out the ACAS Guide on Settlement Agreements and point them towards to section referring to "unambiguous impropriety"!! They can't use threats to force you to sign the agreement and if they do it could be used in court proceedings. Get your employment lawyer instructed ASAP and let all future contact go through them.

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