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Am I being victimised?

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  • Am I being victimised?

    Hi all, I would like some advice please.

    Just signed a COT3 to settle a claim with my employer with a termination date of 10th Dec.

    They initially wanted me out by 6th but I asked for 10th as that’s my last working day for the week and it was also the company’s Xmas do that night.
    I turned up on Friday to work and was told that my boss had been told that I left the company on the 6th itself. He didn’t need me for that day and sent me home. As a matter of courtesy, I asked if it was still okay to attend the Xmas do and was told “no” and that this was coming from “higher up”. Namely one of the people the claim was against! Is this even allowed?

    Upon a quick google search I feel like this comes under victimisation? Google says: “victimisation occurs when you are punished at work because you have brought an Employment Tribunal claim for discrimination.” Technically I was still an employee at the time of the party so seems a bit harsh to not “allow” me there and also to say I had left on the 6th (and deprive me of that last day of work) when termination date was definitely 10th.

    Do I have any grounds to argue this??

    I feel they are being incredibly unreasonable and downright petty!

    any advice appreciated

    Thank you!!!
    Tags: None

  • #2
    Hi Alex

    ULA Can you please take a look and advise, many thanks.

    Comment


    • #3
      It seems like you have signed a COT3 with termination of 10 Dec and this relates to a Christmas event on 6 De , Does this period cover any pay in lieu of notice?

      Was your claim for discrimination?

      How long have you been employed?


      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


      You can’t always stop the waves but you can learn to surf.

      You are braver than you believe, smarter than you think and stronger than you seem.



      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Comment


      • #4
        Hi ULA, thanks for answering and thanks to ECHAT11 also.

        Apologies I’m new here so not entirely sure how to work this thread!

        Regarding the above…the termination date was 11th Dec (sorry mistake in original post) and the party was on Dec 10th. The reason the 6th Dec date was floating is because that is the day I finally POTENTIALLY agreed to settlement with ACAS. Nothing had been confirmed or signed at this point.

        When reviewing the COT3 terms, I asked for it to be the 11th instead of 6th and this was agreed. Hope that makes sense.

        I have worked there since March 2019. My claims were for racial discrimination and whistleblowing. Veryyy complex case.

        This is an international company btw.. incase it makes any difference!

        Thanks so much in advance for any input

        Comment


        • #5
          Once you had verbal agreement following ACAS concilliation this is binding, it does not need the COT3 to be signed.

          Once a settlement has been agreed there is often the requirement for someone not to attend work or potentially events, even if the termination date is in the future.


          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment

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