Help !! 3 months after signing compromise they now want evidence i have complied !!!!

[BOBBYMOOREISGOD]

Re: Please help - my company is setting me up for the sack on trumped up accusations

FRESH UPDATE !!!!!!

Meeting held with my company went through everything warts and all and basically they said they want to write me a cheque so I can walk away from the business, I will get a glowing reference but I cannot work with another company doing the same services for the next 6 months or contact any client I have ever spoken / met with for the next 6 months either. They offered me £6k as a starter for ten, I told them they are a million miles away as I only know this industry and it may take me 6 months anyway to find another job. Losing my job means losing our home, so the money has to be right.

Has anybody on here had any dealings with this sort of thing, the other option they clearly said is a disciplinary and I am at threat of instant dismissal, I said you have no concrete evidence on me, they said can we split with no bad feelings and want me to come back to them a figure and they will consider it.

I earn £37k basic per year and have a fully expensed company car, I take home in my pocket just over £2k per month so what figure do you think I should ask for and they warned me it must be reasonable.


How much will it cost them to go to the tribunal if I try and do them that way ??? plus I will make them bring all the clients in as witnesses also.

Should I ask for say £12k because that means I cannot work within the industry for 6 months as per the agreement ??????? I earn just over £2k a month in my pocket take home.

[bluebottle]

Re: Please help - my company is setting me up for the sack on trumped up accusations

FRESH UPDATE !!!!!!

Meeting held with my company went through everything warts and all and basically they said they want to write me a cheque so I can walk away from the business, I will get a glowing reference but I cannot work with another company doing the same services for the next 6 months or contact any client I have ever spoken / met with for the next 6 months either. They offered me £6k as a starter for ten, I told them they are a million miles away as I only know this industry and it may take me 6 months anyway to find another job. Losing my job means losing our home, so the money has to be right.

Has anybody on here had any dealings with this sort of thing, the other option they clearly said is a disciplinary and I am at threat of instant dismissal, I said you have no concrete evidence on me, they said can we split with no bad feelings and want me to come back to them a figure and they will consider it.

I earn £37k basic per year and have a fully expensed company car, I take home in my pocket just over £2k per month so what figure do you think I should ask for and they warned me it must be reasonable.


How much will it cost them to go to the tribunal if I try and do them that way ??? plus I will make them bring all the clients in as witnesses also.

Should I ask for say £12k because that means I cannot work within the industry for 6 months as per the agreement ??????? I earn just over £2k a month in my pocket take home.

Are your employers complete idiots or are there parts missing? As as I see it, your employers are hurtling at increasingly breakneck speed towards an ET. Telling you to "be reasonable" with any compensation figure is a bit rich, given their unacceptable and indefensible behaviour.

If this matter were to go to an ET, I have no doubt an ET judge would see through your employer's fabrications pretty quickly. They are being very foolish indeed, especially if they believe they can walk away from this on the terms they are attempting to dictate. Not only this, the company is at risk of losing its reputation as an employer and the directors are at risk of losing their reputations as directors. There is also the knock-on effect of customers taking their business elsewhere and adverse publicity.

I cannot stress enough the importance of you being advised and guided by a competent legal professional in the light of your employer's unbelievable attempts to negotiate a settlement.

[BOBBYMOOREISGOD]

Re: Please help - my company is setting me up for the sack on trumped up accusations

Hopefully I will be seeing a solicitor Monday to view the agreement they already had typed.
The agreement was already typed up by them and I have it with me, they are willing to pay £400 quid solicitor bills also + glowing ref + handcuffs mean zero contact and cannot work for anybody nationwide who deliver the same services strictly for the next 6 months. They have said they want an answer for 10am Tuesday morning on the path I want to take and I must get a solicitor to cast his eyes over the agreement they typed up. I have already told them it has to be a cash settlement as I have a family to protect and they are my priority before anything, even though I would love to see them squirm in court as legally I can call the clients as witnesses. I need to bleed them for every penny they can but need a rhyme and reason for the figure I want, I already told them at the meeting there and then that £6k was a million miles away from the security I need, they smiled and said we knew you would say that so lets talk and come up with an amicable figure but not a stupid one.


I said 11 years of my life and several million pounds worth of revenue deserves the respect with the cheque you are going to write me and they agreed !!


My take home in the pocket pay per month of just over £2k x 6 months to cover the handcuffs they have on me, so should I say £15k and nothing less ?????

Is that a fair figure to ask for £15k ???? or should I ask for more ??? what would I win at a tribunal and how much would it cost them to defend them selves but especially if I call the clients they have supposedly interviewed in the trumped up audit, that may lose them thousands when the client sees whet they have been up to.

Tell you the truth I want to take the money and concentrate all my time on getting another job for a proper firm and not a set of bully's like they have been. Ideally a competitor in 6 months time would be great so I can destroy them !!! or I could land a totally different brilliant job in another industry on a similar package be really happy and I have £15k in the bank ?????

[bluebottle]

Re: Please help - my company is setting me up for the sack on trumped up accusations

Your employers are not complete idiots as they appear to have parts missing, namely, brain and conscience. Other parts may be missing.

In view of their behaviour, I, personally, would be seeking the following -

50% of basic annual salary @ £37,000 = £18,500
+ 50% for restriction of employment opportunity = £9,250
Total = £27,750

If this could affect your pension rights, add, say, £2,250 to round the figure to £30,000

As for other settlement terms -

Reimbursement of legal costs in full
A legally-binding agreement that they do not repeat any of the false allegations they have made or allow others to do so
Gold-plated reference

I have come up with the above based on instinct, but you do need to discuss terms with your solicitor.

[Harmonica]

Re: Please help - my company is setting me up for the sack on trumped up accusations

Have they said why they want you out? What's behind all this?

Given that they are threatening you with unfair dismissal, a realistic sum would be a years salary upfront.

I'm sure that they won't think it's reasonable, but you need to explain to them that if they dismiss you in the manner that they're threatening to then things could become very expensive. They need to factor into their thinking the fact that solicitors are very expensive. They must also consider any payment they might be ordered by an ET to pay you for unfair dismissal. Being taken to court is incredibly costly and time consuming for an employer.

They would also need to combine all this with the bad publicity and reputational harm that public ET proceedings might have on their business then a years salary might not seem so unreasonable after all. Do they really want the time, expense and embarrassment of having to stand in the dock and explain why they sacked you with such dodgy evidence? Who would want to do business with such shysters in future? After the ACAS early conciliation then you'd move to an ET which is totally public and ET proceedings regularly hit the papers and the internet.

You probably wouldn't get a years salary. That would depend on how much dirt you have on them. However, they asked you to be reasonable and a years salary is perfectly reasonable. They might then be inclined to view the 15k as a bargain.

[bluebottle]

Re: Please help - my company is setting me up for the sack on trumped up accusations

Have they said why they want you out? What's behind all this?

Given that they are threatening you with unfair dismissal, a realistic sum would be a years salary upfront.

I'm sure that they won't think it's reasonable, but you need to explain to them that if they dismiss you in the manner that they're threatening to then things could become very expensive. They need to factor into their thinking the fact that solicitors are very expensive. They must also consider any payment they might be ordered by an ET to pay you for unfair dismissal. Being taken to court is incredibly costly and time consuming for an employer.

They would also need to combine all this with the bad publicity and reputational harm that public ET proceedings might have on their business then a years salary might not seem so unreasonable after all. Do they really want the time, expense and embarrassment of having to stand in the dock and explain why they sacked you with such dodgy evidence? Who would want to do business with such shysters in future? After the ACAS early conciliation then you'd move to an ET which is totally public and ET proceedings regularly hit the papers and the internet.

You probably wouldn't get a years salary. That would depend on how much dirt you have on them. However, they asked you to be reasonable and a years salary is perfectly reasonable. They might then be inclined to view the 15k as a bargain.

Your way of thinking is very similar to my own, Harmonica. As well as the OP being realistic, the employer has to be realistic, too.

A year's salary at £37,000 would give the OP some breathing space whilst he is looking for new employment as well as let his current employers know treating employees in the way they have treated the OP is not clever or something to be taken lightly.

My gut-feeling is that if this were to end up before an ET, the OP's employers are unlikely to come out of it smelling of roses, more likely, something quite foul-smelling, the company's reputation and their reputation as directors significantly damaged, plus their own and the OP's legal costs on top of any award by the ET. As for an award figure, making an educated guess, I would not be surprised if an ET awarded the OP somewhere around the £68,000 mark, given and taking account of the employer's breach of trust and confidence towards the OP, harassment, attempts to defame the OP's character and reputation, etc..

[BOBBYMOOREISGOD]

Re: Please help - my company is setting me up for the sack on trumped up accusations

Hi Harmonica,

I agree as my solicitor has also stated if it goes to tribunal I have the legal right to call every one of those clients as a witness and I can also legally ask for copies of the mobile and land line phone records of the company as I do not believe the phone calls even took place on the exact days they say they did.

All along they have refused any evidence and there are no conversation notes from the individual or verification / signed copies of the statements from the clients themselves stating they said what they said.

All they have on me is a an individual in the office supposedly calling a client and then the client said xyz about me which led to all this bull sh*t. They cannot provide one tiny scrap of evidence to back up this audit actually happened but my solicitor has said if it goes to the tribunal then they can get ready because we can demand them to give physical evidence of the phone calls taking place.

Plus the fact that they had the agreement pre typed and they have broken lots of their own procedures already, and by the way I secretly recorded the meeting on the iphone and I have heard it back twice and they refuse to give any genuine reason accept well we trust **** who made the audit phone calls and they don't trust me !!!! I said in a court you know that will not be enough to sack me for without concrete evidence.

I have 11 years of a clean track record, not one day off sick, and not one compliant from any client or fellow colleague about me in all those years and year in year out have been the account manager with the highest sales figures. I explained to them if I am so terrible at my job and you cannot trust me then why do these facts scream out at you.

[BOBBYMOOREISGOD]

Re: Please help - my company is setting me up for the sack on trumped up accusations

Hi Bluebottle,

They said to me that they feel they have enough grounds for a disciplinary and a possible gross misconduct which obviously means night night for me.

They then stated an off the record employment rights act 111 I think they said, about having an off the record conversation without prejudice and that's when the £6k pay off conversation came and they handed me the docs to take to a solicitor. My employment record is chalk and cheese compared with the trumped up audit allegations. They have failed to provide one single sentence of evidence that the audit took place, they have based all their accusations on one individuals phone calls to the clients which have then supposedly said things about me which leads them to all this !!

I said in the meeting any normal person would say what I am saying where are the notes / client signatures against their comments with dates / emails / proof of actual calls etc etc etc etc they said they trust the individual but not me, so I said in a court that is my word against another's and without evidence you are playing with fire with me, and we all know you are setting me up and you have zero evidence. Hence the pay off offer as I think they fully know they are well out of order.

[bluebottle]

Re: Please help - my company is setting me up for the sack on trumped up accusations

Hi Harmonica,

I agree as my solicitor has also stated if it goes to tribunal I have the legal right to call every one of those clients as a witness and I can also legally ask for copies of the mobile and land line phone records of the company as I do not believe the phone calls even took place on the exact days they say they did.

All along they have refused any evidence and there are no conversation notes from the individual or verification / signed copies of the statements from the clients themselves stating they said what they said.

All they have on me is a an individual in the office supposedly calling a client and then the client said xyz about me which led to all this bull sh*t. They cannot provide one tiny scrap of evidence to back up this audit actually happened but my solicitor has said if it goes to the tribunal then they can get ready because we can demand them to give physical evidence of the phone calls taking place.

Plus the fact that they had the agreement pre typed and they have broken lots of their own procedures already, and by the way I secretly recorded the meeting on the iphone and I have heard it back twice and they refuse to give any genuine reason accept well we trust **** who made the audit phone calls and they don't trust me !!!! I said in a court you know that will not be enough to sack me for without concrete evidence.

I have 11 years of a clean track record, not one day off sick, and not one compliant from any client or fellow colleague about me in all those years and year in year out have been the account manager with the highest sales figures. I explained to them if I am so terrible at my job and you cannot trust me then why do these facts scream out at you.

I had something similar to this when a neurological disorder knocked me sideways just over 3.5 years ago. A manager and a so-called "HR consultant" concocted a pack of lies between them, claiming I had been threatening people and refused to produce a single shred of evidence to substantiate their allegations. Then the manager made a serious blunder and it became apparent that the "HR consultant" had been given access to the main server as their password appeared on an email. Also, there was a serious breach of the Data Protection Act by a trustee of the organisation I was working for at the time, as well as breaches of the Employment Rights Act. Because the disorder causes chronic fatigue, I timed-out for an ET, but can pursue them under the Protection from Harassment Act 1997, which gives me until 2017 to haul them in front of a county court judge and watch them try and substantiate their allegations as there is a reversed onus, that is, the employer has to prove to the contrary.

[bluebottle]

Re: Please help - my company is setting me up for the sack on trumped up accusations

Hi Bluebottle,

They said to me that they feel they have enough grounds for a disciplinary and a possible gross misconduct which obviously means night night for me.

They then stated an off the record employment rights act 111 I think they said, about having an off the record conversation without prejudice and that's when the £6k pay off conversation came and they handed me the docs to take to a solicitor. My employment record is chalk and cheese compared with the trumped up audit allegations. They have failed to provide one single sentence of evidence that the audit took place, they have based all their accusations on one individuals phone calls to the clients which have then supposedly said things about me which leads them to all this !!

I said in the meeting any normal person would say what I am saying where are the notes / client signatures against their comments with dates / emails / proof of actual calls etc etc etc etc they said they trust the individual but not me, so I said in a court that is my word against another's and without evidence you are playing with fire with me, and we all know you are setting me up and you have zero evidence. Hence the pay off offer as I think they fully know they are well out of order.

I have a feeling that if your employers were put to strict proof, they would struggle to prove their case. However, see what your solicitor advises and take it from there.

[BOBBYMOOREISGOD]

Re: Please help - my company is setting me up for the sack on trumped up accusations

All done and dusted and was signed off last Friday, can't work in the same industry in direct competition to them for 4 months, I took a £13k cheque from them with a good reference and I cannot contact any client for 12 months IF I take a job within the same industry in direct competition to them.


The tribunal route was just bigger risk to take and I need the money to run our house for the next 6 months whilst I concentrate on getting a another job. At least I have that security now and hopefully all this will be a huge blessing in disguise.


The disgust I have for these people I cannot put into words and I'm a great believer in karma, they will get what is coming to them one day.


They held all the cards as the £6k was turned down I asked for £22k and gave good reason why I would need that.


They gave me a counter offer of £13k with the handcuffs and if I did not sign with 48 hours it was pulled off the table and I would go to gross misconduct as this was their final offer.


If I didn't have a wife and kids I think I would have done time for these b*stards !!!!

[FlamingParrot]

Re: Please help - my company is setting me up for the sack on trumped up accusations

I can see how angry you must be :mad2: however, it looks like you've done the right thing. As the saying goes, a bird in the hand is worth two in the bush. :thumb:

A lot of tribunal cases end up being settled in this way (I had one 10 years ago), and the reference is often as important as the money, in some cases even more so. A good reference should open a number of doors that would be closed if they were able to say you were guilty of gross misconduct. :incourt:

[BOBBYMOOREISGOD]

Re: Please help - my company is setting me up for the sack on trumped up accusations

I signed a compromise agreement, so I got a good reference and a tax free cheque of £13k, I could have fought this but this was their 48 hour gun to the head final offer and I could not gamble my family's future even though every bone in my body was wanting to take them to court, but I don't have a money tree in my garden !!!!!!!!!!!


So that gives me and my family a six month safety net whilst I find another job which means I can now sleep at night !


I'm not going to rush anything now, just going to get my CV out and hopefully find a job over the next few weeks whilst doing a million and one jobs around the house.


Glad it's all over and I don't want to work for a set of b******s like that anyway.

Get a good job quickly and bank there money and let them become a distant memory !!!!!!!

[wales01man]

Re: Please help - my company is setting me up for the sack on trumped up accusations

half a result but aggro has now ended good luck for the future stuff them their lose

[bluebottle]

Re: Please help - my company is setting me up for the sack on trumped up accusations

You will find that karma has a funny way of working sometimes. What has happened to you may prove to be a blessing in disguise. Think about it.