Threats at work from HR and my manager

[Crashwuk]

Hi there,

first post.....

just seeking some advice. I recently resigned from my role. I postponed my resignation in order to qualify for the previous financial years bonus, and meet all of the bonus conditions.

I was hoping to negotiate an early exit and initial signs from my manager were positive.

Unfortunately its its all gone south very quickly. When I wasn't able to agree my preferred leaving date I sought internal HR advice and was told that I should reiterate my desired leaving date.

The next thing I know I'm being threaten with a disciplinary for defrauding the company of my bonus( be caused I delayed resigning I guess), threats to tell my new employer of my alleged fraud, legal action to recover my bonus and legal action for breach of contract by my manager and a different HR rep.

Amazingly all all of these threats apparently go away if I agree to their proposed leaving date.

I'm seething mad but the financial security of my family is being threatened. :tinysmile_cry_t:

Fortunately my my new employer is relaxed about a later start date.

What at do you think??

thanks

[teaboy2]

Re: Threats at work from HR and my manager

Ok first things firts, the threats are hot air, and have no legal basis at all. The term Egg in their faces comes to mind, if they even attempted to take such action or carry out threat regarding your reference etc.

Now post up the terms regarding the bonus, so can ascertain your actual contractual entitlement to said bonus, which will help us to help you write a formal letter in response to their threats, that will put them in their place. Especially when its unlawful to withhold/deduct any pay or bonus your contractually entitled too under section 13 of the employment rights act 1996!

[Crashwuk]

Re: Threats at work from HR and my manager

Hi there,

The bonus is not contractual and discretionary. It is based on previous financial years company and personal performance. Dates are 1st Oct to 30th Sep.

i was was informed of my bonus in early December and it was paid on the 19th Dec.

Main rule is that you must be employed and not serving notice to be paid the bonus.

They have now started disciplinary proceedings against me for gross misconduct for defrauding the bonus scheme.

I was in a position to hand in my notice approx 7 working days before the bonus was paid but chose to wait until it had been paid before resigning.

I've heard of bosses being unhappy with people resigning before but this is totally unbelievable.

Any my advice would be appreciated. I'm hoping a dismissal will not affect my new roll.

Thanks

[teaboy2]

Re: Threats at work from HR and my manager

Right, so they want to play it the unfair dismissal route do they, along with victimising you for asserting your satutory right to terminate your employment be giving notice period either contractual or statutory minimum (contractual precedes the stutory minimum if contractual notice duration is longer). Well not much we can do at such an early stage, other than wait see what procedure they follow. It be after the first investigatory meeting when we can start to get to work and use what they are using intending to use against you against them.

Though we do need you to answer some questions, and we may have more questions later.

Have they suspended you?
Whens your leaving date?
What date was your resignation letter dated? and what date did you give as the start of your notice period?
What duration of notice were you required to give, according to your contract?
There financial year ended 30th September 2014?
You met all their perfomance targets and attendence targets to qualify for the bonus, like anyone else did that were paid the bonus?
Did they accept your resignation, if so, what was the date and have you got this acceptance in writing? If you don't have it in writing, then don't worry. As them not replying within a reasonable period of time, is deemed acceptance.

As for this effecting your new roll. Well your based explaining the situation to your new employers and keep them informed of developments. Perhaps even pointing this thread out to them. As i can tell you now, the allegation you have defrauded the company is complete an utter nonsense, based on what you have stated so far. As such if your current employer doesn't back down, well they are going to be in for a big shock!

Plus if they are so sure you have defrauded them, one must wonder, why they have not called in the police since fraud is a criminal matter. Hmmm, because they know they are talking a load of rubbish and their action they are taking against you is nothing but vicious and vexatious and without any merit whatsoever.

[Crashwuk]

Re: Threats at work from HR and my manager

Though we do need you to answer some questions, and we may have more questions later.

Have they suspended you? Yes on full pay
Whens your leaving date? I had requested the 31st Jan
What date was your resignation letter dated? and what date did you give as the start of your notice period? Resignation letter dated the 22nd December.
What duration of notice were you required to give, according to your contract? Contractually I'm required to give 3 months notice but was hoping to mutually agree a shorter period.
There financial year ended 30th September 2014? Yes
You met all their perfomance targets and attendence targets to qualify for the bonus, like anyone else did that were paid the bonus? Yes
Did they accept your resignation, if so, what was the date and have you got this acceptance in writing? If you don't have it in writing, then don't worry. As them not replying within a reasonable period of time, is deemed acceptance. My manager replied within 45 mins by email that says " sorry to see you go" , and to set up a meeting to discuss my early release.
.

Hi there,

Thanks for for your responses. My responses are above in red

I have since noticed that they have removed the word fraud from the gross misconduct charge, it was used in a face to face meeting and threatened to be advised to my new employer but it now reads as below...

"gross misconduct for deliberate manipulation the bonus rules by accepting a contract for a new role and wilfully delaying my resignation despite knowing that I'd have to serve a three month notice period"

Dont know why they changed from the original threat other than it was OTT.

My disciplinary is on the 19th Jan.

[teaboy2]

Re: Threats at work from HR and my manager

So basically they are disciplining you for asserting your right to resign, and calling it manipulation, despite the fact your legally entitled to resign at any time you see fit. I have never in my life heard of someone being disciplined for manipulation of bonus rules (how have they been manipulated when your perfectly within your rights to resign?!) or for delaying resignation, as its your choice as to when you want to resign based on your own needs circumstances.

I would suggest you contact ACAS, as they will contact the employer on your behalf, making it clear to your employer that your taking the matter seriously and ACAS being involved will put extra pressure on the employer, as they will make it clear to the employer that they are legally in the wrong here.

[Crashwuk]

Re: Threats at work from HR and my manager

Hi there,

thank you you for all of your advice.

I had my disciplinary meeting today. They kept trying to get me to admit to wrong doing, which I didn't do. Apparently I've been dishonest for contravening the duty of fidelity implicit in my contract.

I said again and again that I didn't know what that means!

now awaiting the outcome. They threatened to contact my new employer again today too.

I've never been so stressed in my life. I'm guessing because I've been there less than 2 years and have no right of unfair dismissal they just don't care.