Tweet
Hi all, I am looking for help and opinions if my case is worth pursuing?
In Septmeber 2019 - my former employer made an allegation I had been paid too much Salary since the date I joined ( since Tupe in Febuary 2019) - Despite no new written statements confirming my new salary details / new hours / new shift / new holiday entitlements, from the new employer.
Iin December 2019 (4 months later), I was invited to my first meeting regarding the incident,* the reason why they say it had taken so long is because they said it had been left with myself to confirm my availability for the meeting? Despite me confirming by email that I was available during my work hours,* but they failed to follow up on this. ( I have* copy of emails as proof )
In the meeting , they demanded I paid them everything tthey calculated by the end of the week, despite no breakdown.* It made me physically and mentally sick they continued to blame me, saying they are not a lending company, would not accept a payment plan and this is not how it works
It was also confirmed I was not suspended,* but an investigation meeting will be held.
Due to feeling ill,* I attended my doctors who said it was down to Stress, Anxiety,* Depression and I was issued with a medical fit note.
I then received a letter from work stating my CSP will be* withheld, in line with my contract for the following reason. "as we are in the process off investigation"*
However, their ET3 provides a contradicting reason why CSP was withheld**it states the* company had concerns that the absence was a direct result of being informed their would be an investigation. (Despite my medicals fit note) , they never asked for additional information or requested anything from my doctor.
Whilst signed off, the company invited me to several investigation meetings, however I was firm in my responce* explaining I was not in a mental state, or position to attend an investigation meeting, having been previously nformed their is* potential for Gross Misconduct, I was not prepared to attend any investigation meetings until I was in such position to properly defend myself mentally.
They still continued to invite me to an investigation meeting despite my responce of not being in a mental state and my continued reply of refusing to attend. They then invited me to a Welfare meeting & Occupational Therapist meeting. I attended both and arranged these to be at my Home address as It was recommended not to drive whilst tsking my prescriptions by my doctor.
After these meetings, They sent a letter out threatening to finalize the investigation explaining how I had failed to attend the investigation meetings.
I submitted a Grievance making them aware of the issues* I had , including how the investigation meeting had been handled (pro-longed, demanding £1000's, minute of meeting was not accurate and the non payment of CSP) this was acknowledged.
They later requested if I wished to enter a Protective Conversation and I confirmed. We did not agree any offer of settlement.(at no point did they say my Grievance process would be hold)
19 days later I had not heard anything regarding my Grievance,. On the date I should have recived my CSP,* This did not happen which led me* to make a decision to Resign from my position without notice.
Just to clarify my contractual CSP does mention "Discretion" however I believe I was still fully entitled to it as I had done everything they asked to qualify and with 100% attendance , 3 years service , 0 Disciplinarys.
In my opinion, this was a punishment tactic, as the company was under the impression I had been dishonest by not informing them of the overpayment they claim I received.
This is VERY similar* Mr Parbhjot Singh v Metroline*
West: 3324796/2017* Case.
Thine claimant ended up winning unlawful deductions of wages, (even though the contract states it says discretionary) but the case for constructive dismissal was dismissed due to being informed CSP would be stopped.* The Tribunal decided it was not a fundamental breach due to the heads up of the breach?
The difference in my case is, During the investigation meeting, I made the company aware I was experiencing financial trouble and I was in financial hardship, but they decided to ignore this and stop my CSP also,* I had no reply regarding my Grievance.
Sorry it was long one , I hope someone can offer their advice.
thanks in advance.
Craig
*
In Septmeber 2019 - my former employer made an allegation I had been paid too much Salary since the date I joined ( since Tupe in Febuary 2019) - Despite no new written statements confirming my new salary details / new hours / new shift / new holiday entitlements, from the new employer.
Iin December 2019 (4 months later), I was invited to my first meeting regarding the incident,* the reason why they say it had taken so long is because they said it had been left with myself to confirm my availability for the meeting? Despite me confirming by email that I was available during my work hours,* but they failed to follow up on this. ( I have* copy of emails as proof )
In the meeting , they demanded I paid them everything tthey calculated by the end of the week, despite no breakdown.* It made me physically and mentally sick they continued to blame me, saying they are not a lending company, would not accept a payment plan and this is not how it works
It was also confirmed I was not suspended,* but an investigation meeting will be held.
Due to feeling ill,* I attended my doctors who said it was down to Stress, Anxiety,* Depression and I was issued with a medical fit note.
I then received a letter from work stating my CSP will be* withheld, in line with my contract for the following reason. "as we are in the process off investigation"*
However, their ET3 provides a contradicting reason why CSP was withheld**it states the* company had concerns that the absence was a direct result of being informed their would be an investigation. (Despite my medicals fit note) , they never asked for additional information or requested anything from my doctor.
Whilst signed off, the company invited me to several investigation meetings, however I was firm in my responce* explaining I was not in a mental state, or position to attend an investigation meeting, having been previously nformed their is* potential for Gross Misconduct, I was not prepared to attend any investigation meetings until I was in such position to properly defend myself mentally.
They still continued to invite me to an investigation meeting despite my responce of not being in a mental state and my continued reply of refusing to attend. They then invited me to a Welfare meeting & Occupational Therapist meeting. I attended both and arranged these to be at my Home address as It was recommended not to drive whilst tsking my prescriptions by my doctor.
After these meetings, They sent a letter out threatening to finalize the investigation explaining how I had failed to attend the investigation meetings.
I submitted a Grievance making them aware of the issues* I had , including how the investigation meeting had been handled (pro-longed, demanding £1000's, minute of meeting was not accurate and the non payment of CSP) this was acknowledged.
They later requested if I wished to enter a Protective Conversation and I confirmed. We did not agree any offer of settlement.(at no point did they say my Grievance process would be hold)
19 days later I had not heard anything regarding my Grievance,. On the date I should have recived my CSP,* This did not happen which led me* to make a decision to Resign from my position without notice.
Just to clarify my contractual CSP does mention "Discretion" however I believe I was still fully entitled to it as I had done everything they asked to qualify and with 100% attendance , 3 years service , 0 Disciplinarys.
In my opinion, this was a punishment tactic, as the company was under the impression I had been dishonest by not informing them of the overpayment they claim I received.
This is VERY similar* Mr Parbhjot Singh v Metroline*
West: 3324796/2017* Case.
Thine claimant ended up winning unlawful deductions of wages, (even though the contract states it says discretionary) but the case for constructive dismissal was dismissed due to being informed CSP would be stopped.* The Tribunal decided it was not a fundamental breach due to the heads up of the breach?
The difference in my case is, During the investigation meeting, I made the company aware I was experiencing financial trouble and I was in financial hardship, but they decided to ignore this and stop my CSP also,* I had no reply regarding my Grievance.
Sorry it was long one , I hope someone can offer their advice.
thanks in advance.
Craig
*
Comment