Problem at work, not sure how to move forwards

[Myemployersarescumbags]

Hi all

I work for a fairly large company where I am quite senior. I can’t go into the details as it’s fairly specific but I’ve been screwed over by my company. It’s a grossly unfair situation and everyone (incl HR and ACAS) say it’s totally wrong and I’ve been treated abysmally and I should think about what I want and get legal advice.

I think it’s constructive dismissal (note I am still employed and haven’t done anything drastic yet). I’ve been researching employment solicitors and the costs are eye watering. One solicitors website even suggested that win or lose, I would have to swallow the legal costs myself- somewhere between £10k & £40k. This can’t be right surely? I don’t have this kind of money, no one would ever take legal action if this was the case surely??!

I’ve phoned 3 solicitors today, 2 I still haven’t heard back from and the 3rd I got a call back but they said they couldn’t talk to me due to a conflict of interest (at this point they only knew my name and number and the name of my employer, nothing else). I don’t even understand this, my role at work means I am heavily involved with all legal stuff and this is 100% not a firm we have ever used (this was a 1 man band kind of firm, my company have a big London firm on retainer)

I don’t even want a full on Tribunal, I just want an apology and a settlement/termination agreement of some kind so I can leave straight away and move on. I assume I still need a solicitor for this? I just don’t know if I’m doing stuff correctly, anyone got any salient advice?

I apologise for not being able to recount the whole saga right now, I would find that annoying if I was reading this post as well, it’s just that it’s a pretty unique situation.

Oh and I am in England and I’ve been here over 5 years. I’m on my second day of ‘sickness’ at the moment because I can’t bear the thought of going to work as normal and the culprits thinking they can get away with what they’ve done.

also that ACAS have agreed it’s grossly unfair and legal advice should be sought but…. morning further

If it happened last week you need to follow all the company's HR procedures to pursue your complaint before seeking legal action. I don't understand why you are jumping to litigation - which is presumably why you are getting high costs quoted?

end of last week

so this happened a few days ago at most

op…. slow down

Employment tribunals don't cover legal costs. The likelihood of you coming out of a successful one with a big payout that covers all the costs is vanishingly small.

You don't need a solicitor to bring an employment tribunal claim or to negotiate a settlement. Tribunals are designed to be friendly towards litigants in person (although in practice, your chances are very slim unless there has been a very clear breach of contract).

To win a constructive dismissal claim you would also be expected to resign very soon after the incident as you are claiming that the company breached your contract so seriously that you had no option but to resign, the longer you leave it, the weaker your case becomes.

A lot of solicitors will offer to negotiate you a settlement on a no win no fee basis if they beleive that they are likely to be successful obtaining a settlement - even if the prospects of suceeeding at Tribunal are much less. However, very few solicitors would take on a constructice dismissal claim on a NWNF basis unless the prospects of success were extremely high.

Alternatively, ACAS offer conciliation services and can act as an intermediary in negotiating an exit for you.

Are you a member of a union?

What’s your sick leave policy like?

i would Be suprised if you’re not very stressed. Go to GP tell them you are very stressed and get signed off. Then keep getting signed off and negotiate settlement while you’re off.

and yes they should agree to pay an amount for a lawyer for the settlement agreement as you have to get independent legal advice for it

I used Landau Law a few years ago to negotiate a settlement at work - they agreed to take my case on a no win, no fee basis (so their fee came out of my settlement). They will give you an initial assessment of your case for free. I spoke to them within a few days of contacting them.

https://landaulaw.co.uk/no-win-no-fee/

They weren't amazing but they did the job (I had to chase a bit) and didn't need paying upfront. Might be a good option for you to try @Myemployersarescumbags

If you want an amazing employment lawyer, I can recommend someone in London who's a partner in an employment law practice and just incredible but he's understandably very expensive (and doesn't do no win, no fee).

Can you go back a little bit if you don't mind?

An incident happened last week.
Your job is now untenable (is this in from your perspective, theirs or both?)
You are currently on sick leave.

What have they mentioned? Investigation? Disciplinary? Sacking? Mutual Departure?

We might be able to advise further?

If it's a case of both parties are unhappy, you could try negotiate a leaving package as opposed to anything else?

I can't imagine that any solicitor worth their salt would touch your case with a bargepole if you haven't even submitted a grievance yet. First things first. Follow the proper process. If that doesn't resolve the issue, then you can consider the legal avenues that might be open to you.

What kind of HR department would advise you to get legal advice without even encouraging you to follow due process?!

6 months full pay, 6 months half so I’m good for the sick pay.

you really don’t want to confirm that internal HR and ACAS have said this is “abysmally unfair” and suggested you get legal advice but… nothing more?

In what way is your position untenable? Yes you would be expected to work while a grievance is followed up.

I’m the only unhappy party here, there’s no investigation, disciplinary etc, I have done absolutely nothing wrong other than trust my employers to behave in a fair and just way.

I’d be making an appointment with the GP asap

I am going to speak to work in the morning and see about raising a grievance, I think the problem is around who do I raise the grievance against, does it need to be a specific person or can it be against my company as a whole?

OP, go get signed off sick with stress and raise a grievance. You're jumping the gun wanting to be litigious so early on in the process.

I don't understand how someone can get a senior role in a large company where they are heavily involved with all legal stuff but don't seem to be able to write a cogent account of an incident OR follow a process.

so it’s your pride that making it “untenable”
or has your role changed?
or have you been over ruled?

and do you have it in writing that HR thinks you have been treated abysmally?

indeed

and the internal HR that has said op has been treated abysmally

when this only happened a couple of days ago

You shouldn't have to speak to them about how to raise a grievance. It should be clearly stated in an employee handbook or on a HR intranet page you can access

Although I'm not entirely sure you've got a case for a grievance. Sounds more like a bruised ego

I’m the only unhappy party here, there’s no investigation, disciplinary etc, I have done absolutely nothing wrong other than trust my employers to behave in a fair and just way.

There won't be any investigation without you raising a grievance. Is it a case of being passed over for an opportunity or promotion? You submit a factual complaint, it does not need to be directed at an individual unless a specific person was responsible.

i agree
it whiffs of a temper tantrum

I work in finance, I am not a lawyer, I approve their bills and get copied in on emails about legal cases.

I have written a cogent account, as I said it’s too specific to put on a public forum.

I don’t know the process when things go wrong at work because in 25 years + in employment, I have never had any issues or been involved in anyone else’s employment legal cases.