Suspension from work

[ULA]

Another question to add to those asked by Amethyst, how long do you realistically think it will be before you can find a new job? Can you take on temporary or consulting work whilst looking for a permanent position?

[Mike2385]

I have worked for them for 4, almost 5 years. My contractual notice period its 1 months notice. I am cabin crew so finding another job is probably going to be somewhat difficult at this time of year.*

[Mike2385]

The whole thing has cause insurmountable stress. To me and my wife. There was a breach of GDPR about my whole case too and there has also been a further breach of this new case.*

[ULA]

I am sorry to say that in my view your request for a full years’ wage, plus any lost earnings and compensation for the GDPR breach is probably unrealistic.

What you should expect is:

1. Salary payment up until the agreed termination date.
2. Since I doubt you will want to work your notice then ask for payment in lieu of notice.
3. Try and negotiate any benefits until the end of what would have been your notice period.
4. Any accrued but untaken holiday pay
5. On top of this comes the compensation or termination payment which is basically the incentive payment the company is offering you to sign a Settlement Agreement (SA). What you are considering then is a payment to compensate you as much as possible for your future loss of earnings until you find a new job. This is how an employment tribunal would calculate the majority of your losses if you won a legal claim for unfair dismissal.

In my view if you come away with 6 months salary as the compensation amount, given your role and the opportunities that will be around in the next few months, then this would be considered a good result. However, this would be dependent on the strength of any claim the company believes that you may have and their view on wanting to reach an agreement for you to leave. Do not be surprised if they come in as low as 1 or 2 months salary as the compensation figure. *

Sorry this is clearly not the figures you were thinking of but I feel you maybe need to be more realistic about the potential sum you are offered.If you do manage to negotiate more than I then you would have done really well.*

Also any SA must be reviewed and signed off by an independent legal advisor, since you would be giving up your rights to make a claim. The employer should make a contribution to this cost which will either cover the whole fee to the advisor or a large proportion. However if the advisor's fees are slightly higher than the reimbursement offered by the company you can always try and negotiate with them for the full cost. *
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[Mike2385]

So do you think I could negotiate 6 months plus whatever compensation for the GDPR breach??

[ULA]

The effective compensation element in my view would be considered by the company as one single payment. In all honesty it is unlikely that you would get very much compensation for a GDPR breach.

If you came away with 6 months salary as a total compensation element payment then in my view you would have done really well. I cannot guarantee that the company will accept that level of payment as compensation for the end of your employment, as I have already stated you may well have to settle for less. Also with a well worded SA the compensation element of the payment (not your salary, pay in lieu of notice or accrued holiday) may well not be taxable so take that into account as well.*

[Mike2385]

I had raised a grievance with the company about the breach of GDPR. It has caused me depression and stress and also my wife. It has ruined my reputation professionally and personally. They have had the grievance for 2 month and I've heard nothing. I wrote to them on the 20th December outlining that they had already had 1.5 months and nothing had been done about my grievance. After speaking with the ICO they told m to give them a 10 working day deadline which expires tomorrow. I will be raising a complaint with the ICO as I believe they have not taken the grievance seriously or dealt with it in a timely manner. I have proof of the breach too. I will push for a s much as I can get from the company. The union solicitor will be looking over any legal documents.
Ive had no response about my loss of earnings, no response about any questions which were raised, no response to the GDPR claims (there have been 3 in total), no further information about my new suspension either. The whole thing has been handled appallingly.

[ULA]

By all means raise a complaint with the ICO who will investigate the incident and determine whether your employer was liable for a GDPR breach on any or all of the occasions you can document. The ICO doesn’t have the authority to award compensation, only to discipline organisations but you can use the results of its investigation to support a legal claim. However just be aware it could take time for the ICO to come back with any finding/s and may not be in the timescales that you are currently dealing with if you can get to discuss a SA.

From what you are saying have you not had written confirmation in regard to the current suspension?

I would say, given how you have detailed, in your posts, the way the issues have been handled, both in terms of the length of time to deal with your grievance and the respective suspensions, then this could be used to assist you to get the best possible compensation payment as part of any SA.

Given what has happened it may be very difficult for you to return to work, since the implied contractual term of mutual trust and confidence has potentially been breached by your employer. It may be worth considering this as the angle that can be used to start the discussion with your employer to get to some form of SA - just a thought. *

Sorry just another important item on the SA if you do get to pursue this - ensure you get an “agreed form of words” reference that they will be required to use when prospective new employers are requesting a reference. This is crucial you get this agreed.
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[Mike2385]

I have spoken already with the ICO who said I have grounds to raise a complaint and with the evidence will help too. I have informed the company that the ICO have told me I have grounds for a complaint. If I do go ahead with the complaint do you think I should inform the company as this may force their hand regarding any compensation?

[Mike2385]

Well today is the deadline for the company getting back to me. Today is the 10th working day since I emailed raising the issue that they had already had the grievance for 1.5month and I still hadn't heard anything. Let's see if I get a response. Would you recommend I inform the company if I contact the ICO?

[ULA]

Just my view, at this time, given that there are no discussions yet about an SA ,if you decide to make a complain to the ICO, I do not believe you need to let your employer know. However if you do get to the point of negotiating an SA and you want to make a point about compensation for GDPR breaches that may be the opportune time to let the company know that you have already raised a complaint with the ICO and by then you may have information back as to what stage in the ICO process the complaint is at.*

[Mike2385]

Sounds perfect to me. I have raised the complaint with the ICO. I have spoken with my rep too and he said not to let the company know. He said it can be used as leverage if discussions regarding a SA go ahead. I will more than likely start those discussions soon. My appeal hearing is Friday 17th January for the first case.

[ULA]

Glad you are getting consistent advice. Keep us updated as to how things go.*

[Mike2385]

I have emailed HR today to see if they would take part in a without prejudice conversation. I'm hoping they agree and during the talks I can bring everything up. There is no way I can return to work after the breaches in GDPR and that the implied contractual trust had broken down.

[Mike2385]

HR have responded but want to call me rather than email. I dont know how comfortable I am about it. My heart is pounding the whole stress of all of this has got my so wound up. I have asked my rep to reply on my behalf? Can I have your thoughts or any more advice please?