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Settlement Agreement

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  • Settlement Agreement

    Hi All

    please accept my apologies if I have posted wrong as I'm new to this.....

    I have a friend who I am helping with a grievance with his employer. He has been a victim of discrimination... it all started on 1st December last year he worked over the months he has asked several times for PPE never received but others did, he then asked for a new coat that another worker was wearing and was told he could not have one and they was accidentally ordered. then all the staff got one exept him.

    He then had a review 3 monthly and yet he was more qualified and experienced than most, he scored the lowest points. Then one day, he and a male were working together when a fire alarm went off. He dealt with it, it then the next day his supervisor told him he was suspended with pay in front of others with no reason why or the terms, etc. but he was suspended the white male was allowed to work,, he then wrote a grievance stating he believes it was because of his skin color and he was contacted by HR and apologies were sent his manager called him stating he could not use his work phone as it was broken but yet when he called the manager it was ringing he also called another manager who confirms that he knew about it however the main manager stated he did not after being with the supervisor who suspended him for a number of hours that night. he has had dependant leave paid then taken away but others have been able to keep it. there is a pattern and the investigation is ongoing and the manager and supervisor still working and have access to email and other evidence.

    The manager said please come back to work and won't be mad at the supervisor. He misread my instructions. Then he came back and said the supervisor waited for him to travel 49 miles. Then, when he was suspended, he was told to get his bag and **** off out the door and was very upset. Nobody contacted him for 3 days and constantly worried about his job as nothing he had done should make anyone treat him unfairly. He has since written a grievance with acas involved in conciliation talks.

    However, as he raised a grievance, they are dragging their feet and have not replied to his SARS request and now stating he was confused. He had a meeting with the manager and expressed the supervisor was worried about him and could not work with him as his temper is bad and was scared to come to work in case he was attacked.

    The manager said was talking to HR the next day but unfortunately did nothing so my friend left with immediate effect as a breakdown in the employee/employer happened. He has worked for them from 1st December last year to 30 September this year and wants an Idea of a settlement figure. Can anyone please help as ACAS wants a figure...
    Tags: None

  • #2
    So your friend terminated his employment without giving or working any notice? He has less than 2 years employment so has no statutory rights unless he can prove discrimination on the grounds of race.

    Since he left at the end of Sept has he found another job and if so it it paying a similar wage? If he has not found work what has he done to find work?

    If ACAS are involved it is unlikely to be a Settlement Agreement assuming agreement can be reached it will more likely be a COT 3 agreement.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    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.


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    • #3
      Hi ther thanks for the info its much appreshiated he has not he has been applying for jobs with no luck.. but acas have asked him for how much compansation he is looking at to resolve the complaint i we have no idea how much tho he is looking at the unfair suspension senario more than anything as belives it was unfair and unjust with nothing but please come back we are sorry it should not have happend but how much compansation is fair as acas want to know how much...

      Comment


      • #4
        I doubt whether it will be very much but you he may be able to argue:

        1. Any holiday pay which he had accrued at the time of termination in Sept but had not taken, if this is the case
        2. Possibly salary between Sept up to now as loss of earnings.
        3. Maybe a few months future loss of earnings.

        As always with a negotiation your friend needs to be prepared to go in a bit higher than he wants and then accept he will have to go down.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        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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