Swampey's Wrongful Termination

[Swampey]

Re: Termination

Right guys n gals

Been to the solicitors to discuss the compromise agreement which he knows Im not happy about... It didnt get signed because he senced that the manor in which my termination was done, is completely wrong and it doesnt follow any laid down procedure.
whilst he is being paid for by the ex employers I am his client and suggests that I write to my Employers to point out the following, meeting here was to discuss my welfare.... no where in the letter did it state that I could / would be terminated as this is a separate process.. on what basis has my termination been done... capabilty or medically?... Why was it done in this way and the procedure not followed with an offer of an appeal

then question that my rights as an employee to have a witness at the welfare meeting as the letter stated was ignored.... and there are also other questions ...ie termination letters etc etc..... plus the fact that ppl from the business and a leeter came from the local office headed my resignation from the company....

Yet at no point did I resign ?... yet whilst in this meeting over 2 weeks ago...I was on medication that affects my judgement and consentration....did they ever take that into account....

Discussed the bit about the disability but then he advised that this could be a difficult one to prove... hit them with this letter.... they can either increase the money offered or stick me to the 12 weeks notice only and the same for the accomodation

So lets see

[miliitant]

Re: Termination

resignation My Gluteus maximus . demand a copy of this supposed resignation letter. you now have three choices, demand an increased offer, accept the 10 grand, or go to an employment tribunal, and claim for personal injury through one of these no win no fee sharks. it depends how bad you need the money as an employment tribunal can take up to 12 months and 10 grand is not a lot of money. THEY DONT GIVE AN OFFER OF 10 GRAND FOR A RESIGNATION

[Celestine]

Re: Termination

Absolutely right.

Even if you are on a relatively low salary, 10k is derisory. It's perhaps 1/3 of a years salary. That's 17 weeks worth of work!

Even 'their' solicitor is deeply disturbed.

Have you and Miliitant talked yet? You should if you haven't already.

[Celestine]

Re: Termination

Just been doing some checking.

You have 18 years service?

I'll guesstimate your average salary is 25k?

Allowing 2 weeks per year of service (which is the 'redundancy' norm) you would be entitled to Ł17307.

That's just going by the 'standard' rules.

This does NOT allow for wrongful dismissal, discrimination and the multitude of other abusive breaches of employment legislation.

I have no idea of your age, but no doubt your next job is not exactly jumping up and down in front of you, please reject this 10k offer and fight them hard.

xxx

[miliitant]

Re: Termination

my own thought was to double the offer, 20 k to end this, tax free

[Celestine]

Re: Swampey's Wrongful Termination

Yeah definitely closer to the realm of reality.

I'd be interested to hear what Swampeys' employment plans are?

It's the fact that he's given 18years service and has only experienced difficulties since a work accident; which in itself seemed poorly responded to by the employer.

If he ends up unemployed for many years, any settlement has to consider that.

We know already this is a national employer, they could afford to do the right thing by this chap.

[Swampey]

Re: Swampey's Wrongful Termination

I just wanna say a big thanks to you all on here that have given me support.... I am optin atm to send the man at the top a letter....Lets see what happens..not in a rush to send it.....and I certainly havent signed anything yet....

[miliitant]

Re: Swampey's Wrongful Termination

swampy would you mind send me a personal message on the name of your employer. you state its a well known name. I may have come up against them and I would be interested in who is the enemy so to speak. remember, its three months less one day to bring a claim for unlawful dismissal from termination of employment

[Swampey]

Re: Swampey's Wrongful Termination

Hi Guys

Seems ages since I was here....Not much to update you with anything yet other than a 5 page letter got sent to the company directors and they are now investigating this... so Im just waiting on the side line

[teaboy2]

Re: Swampey's Wrongful Termination

Right well the 3 month 1 day deadline now starts the date you are served with their response or written response on the final outcome of said investigations.

[miliitant]

Re: Swampey's Wrongful Termination

me thinks the three months less one day will be from the cause of action

that being when the contract of employment was terminated, not on any appeal or investigation

employers have been known to delay appeals/investigations beyond the three month deadline for the very reason of making a claim to the employment tribunal time barred

swampey has been sacked and is not employed anymore by the company

[SpringerSpaniel]

Re: Swampey's Wrongful Termination

I would get on and file ET1 and then ask for stay to conduct ADR through internal investigatins and any other due process, beofre thee Tribunal lists your case - this preserves your position shoudl you need ot bring a claim

[teaboy2]

Re: Swampey's Wrongful Termination

Its known as continous course of action. You must allow them the chance to investigate and complete the appeal process. The outcome of any appeal would be the last course of action in anycase! Though theres no hard in filing the ET1 in the mean time!

[Swampey]

Re: Swampey's Wrongful Termination

Have no fear guys and gals... theres a time limit on how long Im prepared to wait for answers, If the ex company are gonna play for time...I'll contract the person at Head office and remind them that no answers then the solicitor will be involved or better still I'll give it to the 2 month point which is the new year then just hit them with the tribunal...then I wont be backing down for anyone...

[Swampey]

Re: Swampey's Wrongful Termination

Someone tell me

How long should an internal investigation talk and to get some simple answers out of them.... Still not had any monies that Im legally entitled to...ie 12 weeks salary.... Me thinks they are are using that compromise agreement as a tool as leverage...ie dont sign it and you aint getting any money...Oh well looks like if they dont get a move on I'll just consider starting them proceedings and let it run its course, end of the day Im as stubborn as a muel and wont be backing down once Ive started.