Tweet
Hi,
+ What happens when it now becomes impossible to obtain employment? Why back dated??Former employer tricked his own Solicitor??
I am a skilled graduate of Engineering. I left a permanent job and was enticed into a new job closer to my home. I went there through a recruitment firm that turns out to have a family member on the board of Directors of the destination company which then sacked me without any warning after 14 months and then back dated the dismissal by two months. The Employer lied to his own solicitor about me not having any qualifications (which I can prove, have proven and are traceable).
Since receiving this letter the employer that paid for my training during my apprenticeship, which I completed and then left 17 years ago, went around my neighbourhood bragging that he had finally caught me. I was forced to take the payment to appease my bank. I had not been paid and was hungry.
Since recieving the following letter, I have been unable to even get a job interview. My mother is dying and I am facing total ruin:
Our Ref:
Date:
31 January 2019
E-Mail:
SOLICITORS LLP
Please ask for:
Mr Andycap81
By Recorded Delivery & Email:
Dear Mr Andycap,
WITHOUT PREJUDICE & SUBJECT TO CONTRACT Our Client: &&&*********
We are the Company solicitors for the above client and are instructed to correspond with you.
As you are aware, you are subject to formal disciplinary/performance management by our client and this could result in the imminent termination of your employment. In addition to this, you have been absent from work since 6th December 2018 without authorisation which is in itself is a serious disciplinary matter.
Evidently, relations between our client and you are now detrimentally affected. A potential dismissal would result in a problematic reference situation and could therefore present you with difficulties securing alternative employment going forward.
As a result of the above, at the conclusion of the meetings on 28th January 2019 our client spoke to you on a without prejudice basis in the presence o your Union representative to explore a way forward as a sensible resolution to your employment dispute with our client.
We understand you were amenable to the above and a mutual parting of ways from your employment with our client Company. We are therefore instructed to write to you to state our client's terms for your exit from employment with our client.
Authorised and Regulated by the Solicitors Regulation Authority No 00484687
Without admission of liability and in full and final settlement of this employment dispute; we confirm our client Company is agreeable to the following terms for your exit from employment with the Company:
1. A Termination Date (your last day of employment) of 31st January 2019;
2. You are to be on authorised leave/garden leave up to and including the
Termination Date;
3. Payment to you from our client of an ex-gratia tax-free sum of £3000.00
in February 2019. T The value of such sum is equivalent to salary you believe is owed to you from December 2018 and January 2019 (to which you have no legal entitlement) albeit enhanced by our client. For completeness, this value is also inclusive of a value amount equivalent to one weeks notice pay. We have advised our client this is more than fair and reasonable in the overall circumstances; and
4. A factual reference confirming dates of employment and job title.
The above offer is open for acceptance until the date stated below whereupon the offer will then be withdrawn.
Such terms will need to be documented in a legal document and therefore the above is subject to you signing a settlement (compromise) agreement which will detail the terms once agreed. Such document to include the standard terms relating to prevention of non-derogatory comments and confidentiality.
There is a legal requirement that you receive independent legal advice on a settlement (compromise) agreement and that you sign it in the presence of a qualified union representative or solicitor. The Company will therefore contribute to your cost of this up to £300.00 + VAT which should suffice. Any further costs are your responsibility,
Prior to our client instructing us to draft the legal document and our client incurring the costs of this, please confirm your agreement in principle to the above terms by signing and dating a copy of this correspondence below and returning this to me by 12pm Monday 4th February 2019.
The documentation will then be issued to you shortly.
Please note the fact of and contents of this correspondence and ours and our client's discussions are strictly confidential and therefore your exit by way of this arrangement and the above terms is conditional on you continuing to keep matters confidential.
I look forward to hearing from you as requested. For completeness, we have copied in your Union representative, .
Yours sincerely, For and on behalf of
+ What happens when it now becomes impossible to obtain employment? Why back dated??Former employer tricked his own Solicitor??
I am a skilled graduate of Engineering. I left a permanent job and was enticed into a new job closer to my home. I went there through a recruitment firm that turns out to have a family member on the board of Directors of the destination company which then sacked me without any warning after 14 months and then back dated the dismissal by two months. The Employer lied to his own solicitor about me not having any qualifications (which I can prove, have proven and are traceable).
Since receiving this letter the employer that paid for my training during my apprenticeship, which I completed and then left 17 years ago, went around my neighbourhood bragging that he had finally caught me. I was forced to take the payment to appease my bank. I had not been paid and was hungry.
Since recieving the following letter, I have been unable to even get a job interview. My mother is dying and I am facing total ruin:
Our Ref:
Date:
31 January 2019
E-Mail:
SOLICITORS LLP
Please ask for:
Mr Andycap81
By Recorded Delivery & Email:
Dear Mr Andycap,
WITHOUT PREJUDICE & SUBJECT TO CONTRACT Our Client: &&&*********
We are the Company solicitors for the above client and are instructed to correspond with you.
As you are aware, you are subject to formal disciplinary/performance management by our client and this could result in the imminent termination of your employment. In addition to this, you have been absent from work since 6th December 2018 without authorisation which is in itself is a serious disciplinary matter.
Evidently, relations between our client and you are now detrimentally affected. A potential dismissal would result in a problematic reference situation and could therefore present you with difficulties securing alternative employment going forward.
As a result of the above, at the conclusion of the meetings on 28th January 2019 our client spoke to you on a without prejudice basis in the presence o your Union representative to explore a way forward as a sensible resolution to your employment dispute with our client.
We understand you were amenable to the above and a mutual parting of ways from your employment with our client Company. We are therefore instructed to write to you to state our client's terms for your exit from employment with our client.
Authorised and Regulated by the Solicitors Regulation Authority No 00484687
Without admission of liability and in full and final settlement of this employment dispute; we confirm our client Company is agreeable to the following terms for your exit from employment with the Company:
1. A Termination Date (your last day of employment) of 31st January 2019;
2. You are to be on authorised leave/garden leave up to and including the
Termination Date;
3. Payment to you from our client of an ex-gratia tax-free sum of £3000.00
in February 2019. T The value of such sum is equivalent to salary you believe is owed to you from December 2018 and January 2019 (to which you have no legal entitlement) albeit enhanced by our client. For completeness, this value is also inclusive of a value amount equivalent to one weeks notice pay. We have advised our client this is more than fair and reasonable in the overall circumstances; and
4. A factual reference confirming dates of employment and job title.
The above offer is open for acceptance until the date stated below whereupon the offer will then be withdrawn.
Such terms will need to be documented in a legal document and therefore the above is subject to you signing a settlement (compromise) agreement which will detail the terms once agreed. Such document to include the standard terms relating to prevention of non-derogatory comments and confidentiality.
There is a legal requirement that you receive independent legal advice on a settlement (compromise) agreement and that you sign it in the presence of a qualified union representative or solicitor. The Company will therefore contribute to your cost of this up to £300.00 + VAT which should suffice. Any further costs are your responsibility,
Prior to our client instructing us to draft the legal document and our client incurring the costs of this, please confirm your agreement in principle to the above terms by signing and dating a copy of this correspondence below and returning this to me by 12pm Monday 4th February 2019.
The documentation will then be issued to you shortly.
Please note the fact of and contents of this correspondence and ours and our client's discussions are strictly confidential and therefore your exit by way of this arrangement and the above terms is conditional on you continuing to keep matters confidential.
I look forward to hearing from you as requested. For completeness, we have copied in your Union representative, .
Yours sincerely, For and on behalf of
Comment