Challenges and how to proceed

[Guest]

Hello
I have discovered this forum, and I am finding it to be very useful. Although, I have some questions please. Most likely I will be made redundant or given an option to settle with the firm I am currently working with. During my let's say more than 5 years of period I have:

1. Brought in a lot of money in the firm as new business which is unrecognised
2. Recent bully related event which I highlighted to the firm with no response
3. More than 4-5 years of interactions where the feedback received is incorrect or incomplete, and although raised several times, this is not discussed with intention of remediation.

I am in the process of documenting everything while I have access, including all challenges and interactions.

Later in the year, I may proceed with either Employment Tribunal or I am not sure what other options that I have. Did some research and I can see that the compensation is limited to close to £90k. If this is the case, what can I do, to bring the compensation to higher level? I know the number but trying to figure out the correct path.

I have been patient, for last many years, but the immediate reviewers are now providing (end of project) feedbacks and making decisions on my contribution, without even telling me what the comments are, negative or positive and without giving me a chance to challenge it if anything is incorrect or incomplete.

Appreciate to understand which path that I can take to bring this message to the firm.

Thank you

[ULA]

So a couple of questions as your post is not completely clear, which is fine but can you answer the following:

1. Has the company started redundancy consultations with you or why do you think that your position will be made redundant?

2. Equally why to you think you will offered a Settlement Agreement?

3. You say you may proceed with an Employment Tribunal (ET) later in the year on what basis?

4. Are you aware of the time limits for bring an ET claim which is 3 months less a date from the event you are claiming for or for statutory redundancy pay or equal pay, the deadline is 6 months minus 1 day.

5. You say you want to make make a claim that is higher than the current compensation limit for an unfair dismissal claim which is currently £105,707 but it is not clear what your claim would be based on?

[Guest]

Thank you for taking the time to respond. Please find additional comments below:

I apologise, but I currently have specific examples that I would prefer not to include at this time.

In reference to your third point, I have observed:

1. Unfair employee reviews (affecting the last 3 years)
2. Bullying and potential harassment on multiple occasions
3. Overworked beyond the allocated time, also in violation of standard policies
4. Non-compliance with internal grievance procedures
5. Inadequate acknowledgment of performance or simply skipping comments
6. False review comments leading to unfavorable performance evaluations

I am not fast-tracking discussions on settlement and employment termination (ET), but I would like to understand the gravity of these issues at this point.

These concerns have persistently affected my experience within the professional setting and have not been addressed despite multiple escalations. While I acknowledge there may be limits to redundancy pay or other compensation, it seems that these limits may not fully account for the impact of the issues mentioned above, and I would like to know if there is a ceiling in place for the maximum compensation that I can request as part of the settlement.

Thank you again for taking time and effort in providing responses.

[ULA]

You would not get redundancy pay unless the company decided that your role was no longer required in the business but for which they would have to undertake a redundancy consultation process. Unless your company had any enhanced package in place all you would be entitled to is statutory redundancy based on age and length of service together with any notice you did not work an accrued but untaken holiday. The payment would not take into account any of what you have set out nor would it have to.

If I am reading correctly from your first post you are trying to see if there is the possibility of compensation of more than £90k. Based on the limited information you have provided I very much doubt it.

[Guest]

Thanks, this is all valuable information. Considering the amount of information available, and obviously I cannot disclose a lot of details. I may have to suggest a hypothetical situation, consider if there is a business developer for a company who has brought in millions amounting to £75m over the course of 10 years. And after the ten years period, is on purpose designed to fail and given final warning. Still due to the design, in the next few months he is called in for desciplinary meeting and suggested a settlement.

Considering the UK this is all based on salary and other elements which are pretty straight forward. That would probably entitle him for let's say £30k, and if consider Employment Tribunal, this number could be even lower.

Question is, if the employee has been significantly valuable for the company, some of these numbers as part of settlement may not be appropriate (from the employee's perspective), considering the amount of business delivered for the company.

What are the options, can this person:
1. ask for more in settlement phase which could potentially be way above the salary structure? For example bypass the usual settlement ground, and ask for his worth and contribution over the time he was dedicated for the company.
2. If he reaches out to ET, this number even be lower even lower than the tribunal cost.

What other options that might be available for the employee to pursue when the settlememt number is significantly lower than the contribution over the years? Thank you.

[ULA]

In answer to your question:

1. You can ask but highly unlikely this would happen.
2. Not sure what you mean by reaching out to the ET. This is not what they are there for they are the court that will hear your employment claim which needs to be brought in the correct timescale from when the incidents you are claiming for happened. Unless you engage a solicitor then you can be a litigant in person for which there would be no fees to pay. Also if you went to the ET, depending on what your claims are, your evidence when weighed up with the defence from your company, they made decide against you and award you nothing.

It seems to me that you are unhappy with treatment by your employer which you do not appear to have meaningfully engaged in any grievance procedures to raise these. Rather than looking for another position and resigning your are looking for a way to leave with some monetary compensation.

If you believe that the treatment you have received amounts to a breakdown in the trust and confidence of employment relationship then you could asked to have a "protected conversation" and try to negotiate a settlement that way.

[Guest]

Moved from another thread.

Hi,

Thank you for providing a lot of knowledge in other threads, as this has been highly valuable.

I have three questions if anyone can kindly answer please?

1. First Question: If an employee is working hard and if the Manager of the employee provides feedback which is incomplete and incorrect. What can UK employment law offers for employees to protect themselves? There is an option that employee can always provide retrospective feedback later to clear this, but is there any legal aspect available for the employee to at least have a sight of what feedback is provided? or not letting the employee know about the feedback comments is the norm in UK employment practice?


2. Second Question: Second, if the feedback is requested by employee, and the Manager is busy and cannot provide feedback comments for transparency to the employee. But later provide incorrect or inaccurate feedback to the Management, which later results as dismissal of the employee. What options the employee might have in this case? Employee even later tried to have the sight of the comments, but no input was provided by the Manager.

3. Last, if the employee is dismissed based on above, where the empoyee has no sight of the feedback, and it was internally discussed and a dismissal outcome was provided, what options would the employee has to revalaute the situation and possibly consider taking a legal action?

Thanks,

- MK

[ULA]

In answer to your questions:

1. If you do not believe you has been provided the feedback you feel you are entitled to and which you believe is available, then the easiest thing would be to ask for it, either from your manager or HR. In terms of more further action then you can submit a Subject Access Request (SAR) for the information.

2. Again if you believe that incorrect or inaccurate feedback was given which you have not seen then again you can request this via an SAR.

3. If the person is dismissed, depending on the facts of the dismissal and the process of the dismissal there may be the potential for an Employment Tribunal claim.

[Guest]

How do people usually provides evidences to the company, obviously this could be something that I have saved. Is that okay for me to send out evidences from my private account to the company email, may be password protect and send password in a separate email? Is there a aglobal practice that I can follow? Thank you.

[ULA]

Sorry I am not sure what you mean by your latest post (#9).

What evidence are you looking to provide?
I am concerned that you may have evidence on a personal computer and that is why you want to send it from a personal account. If so under the company policies are you allowed to have company information stored on a personal computer, if not then you may be in contravention of a policy.

[Guest]

These are not evidences or documentation taken from the company, but additional evidences that I can include to support the appeal process.

[ULA]

Your last post states "additional evidences that I can include to support the appeal process." What appeal process are you referring to because having re-read all your posts I cannot see mention of either the company taking disciplinary action against you or of you raising a grievance which has not been upheld. If neither of these have happened, then there is no appeal to make.

If you are referring to the hypothetical question 3 in your post #7 then again if you have not been dismissed there is no appeal to make.