Thanks Emmzzi for reply.

 

I will wait to complete two years of service as I suspect backfire. But please answer my question that do I have to suffer in silence the bullying by my boss. If it was two years already then what difference will it make? If I am being bullied ( insult in public and private, undue criticism of work etc ) consistently, then even after two years, what law will help me.

They would then have to follow the internal dismissal procedures, whichever they chose to apply.

Then end game is not terribley different, it's just longer and takes more meetings to achieve. What you need to decide is if you are being paranoid, or if they really want you out.

It is easy to get obsessed about legal nit picking when what matters most is having a good and happy life; you are not in a work environment you find pleasant; you seem to be asking questions about how you can hang on in there; I'd be investing your time instead in CV skills, calling agencies, and interview practice.

Whatever the legal rights and wrongs, you will be happier in the long run. Sometimes people and companies just aren't a good match for each other. Best recognise that and move on; dont hang on to a bad marriage.

Hello Friends,

I have into this strange situation. I asked the employer to delay service of any formal notice of hearing till end of Nov so that I can tide over the exclusion period of my mortgage insurance. The solicitor clearly refused saying that will amount to fraud as it essentially like aiding me in getting illegitimate financial gains. I had never realised this perspective of my request. I am now worried that they may include this request of mine in the list of charges against me.

In case if this point comes up in hearing, should I outright deny me having made such a request? Will admitting this get me into bigger trouble. I had not made any written request for this.

In all most all dealings in court make sure you don't tell lies. It is very important.

If they bring it up try and treat it as a no issue and down play it.

What ever you do don't tell lies, I can't emphasize that enough.

Hello Friends,

 

I have into this strange situation. I asked the employer to delay service of any formal notice of hearing till end of Nov so that I can tide over the exclusion period of my mortgage insurance. The solicitor clearly refused saying that will amount to fraud as it essentially like aiding me in getting illegitimate financial gains. I had never realised this perspective of my request. I am now worried that they may include this request of mine in the list of charges against me.

 

In case if this point comes up in hearing, should I outright deny me having made such a request? Will admitting this get me into bigger trouble. I had not made any written request for this.

It's a really obscure request to make i.e. not very common. It's in no way the first thing they would make up.

Don't lie, as donarebun says. You made a mistake, admit it.

Thanks All for replies. How the employer can use this against me? After all nothing actually happened and I had been open in mentioning the reason as I did not have the perspective that it will be a fraud.

BTW, The solicitors understanding is that I asked time so that I could BUY an insurance rather than to tide over the exclusion period of an existing insurance.

Any ideas on how to play it down? It had anyway been a few weeks since informal meetings ended, I was just asking to add one more week to if at all before service of a formal notice.

Ignorance of the law is no defence.

You can't play it down; you did something, you have to stand by it.

But, I note you say "if this comes up in hearing" - what hearing are you imagining??

Internal hearing.

Does merely asking for something become an offence in itself.

Internal hearing.

 

Does merely asking for something become an offence in itself.

Conspiracy to attempt fraud would be, but i doubt it would even be investigated, as the other party refused to engage with you. You just asked a question due to general anxiety about the situation.

Any new mortage repayment insurance would not pay out anyway, as the first question you would be asked is whether you had any prior knowledge about your employment being ended. And you need to read any existing insurance terms to see whether they would cover your exact circumstances.

I don't know the exact employment position that has caused this disciplinary issue, but should get some proper legal advice to protect yourself. You may at some point wish to go to an employment tribunal and how you deal with the current situation will either help or hinder any tribunal.

Thanks unclebulgaria.

Yes that what my belief is that I just asked a question to the legal team and they advised my proposal to be not legally correct. So don't see this as issue.

I am planning to raise grievance against my manager this week. There were a number of times when he shouted and humiliated me. I have some emails as well on which he has been unkind for no good reason and also an unequal treatment to me compared to other colleagues. I will use those emails as evidence to show his behaviour and attitude towards me.

Can someone please tell me as to what I can ask as redress of grievance. Can I ask for monetary compensation?

Newlyn, can I ask what outcome you would like from this? At the beginning of the thread it seemed to be about keeping your job, but I'm not sure now.

HB

HB, Does not look like the line manager wants me to continue, so continuation of job is least likely. Can you please advise as to what can I ask from employer as redressal. If it is less than two years of job, does it restrict what I can ask for if the grievance were to go to tribunal.

Also my line manager has started speaking to team members that he has initiated disciplinary process against me. Is he right in doing that? I have got a chat log with one of my colleagues where he confirmed that my line manager told him about all this.

Hello Friends,

I bought Income Protection Insurance on two months back and it had 60 days exclusion period. The insurance covers case when the holder may be dismissed from job for performance reasons. As obvious, the holder should not have been made aware of any possible hearing related to performance within the exclusion period (first 60 days).

In my case I have not had any formal notice of disciplinary hearing and my exclusion period is over last week. However within the exclusion period, I was told informally and in a without prejudice meeting , that a hearing for my poor performance will happen.

So I want to know if such notice delivered verbally and in a without prejudice meeting have a legal standing to nullify my policy?

Hello there.

I imagine this query relates to your thread on the Employment forum?

http://www.consumeractiongroup.co.uk/forum/showthread.php?469984-Disciplinary-Meeting&p=4970899#post4970899

HB

What date did you take out the policy please?

HB

Think you will find out that these income protection insurers will write to your HR department and it depends on what information they send back. If they are told that you were aware of issues affecting your employment, then you might face a struggle.

It is best that you don't make too many enquiries about this and see what happens. If any Insurers receive a claim within months of policies being taken out, they will always be suspicious. People have income protection policies for years, just in case.

Thanks all for reply. But does any informal notice count? I bought the policy on 26-Sept and was told on 18-Oct that disciplinary action will come through. However since then there has beenno action since.

Yes informal could count. What Insurers will ask your HR department is whether you would be aware of any disciplinary or other process, where your employment could be ended. You are reliant on what HR tells the Insurers, which you may not be able to influence.

As you are aware given the close timing of buying the policy and a possible claim, it will cause a big red warning flag to be raised. But you knew that when deciding to buy the Insurance and will have to see what happens.

If a claim is rejected, submit a SAR to Insurers for copies of everything on the claim file including anything received from HR.

Thanks. Will a 'without Prejudice' communication also count? What is the purpose of calling something 'Without Prejudice'.

Think you will find this only applies in regard to any court or tribunal process, where the person sending the letter does not want it to be used in evidence in a court by the recipient. In the event of any court or tribunal process the recipient can of course make a case of why it should be allowed as evidence to a judge, because it is pertinent to the case and the sender has used WP in attempt to escape any liability for their conduct.

Does not mean that the contents of such a letter would not be disclosed to an Insurance company looking into a income protection claim.

Fine, even if the verbal communication can be disclosed, there is no evidence of what was said in the meeting? And even if it was a letter, which cannot be used in court, then how can Insurance deny their liability to claim. How would they prove without using the letter that I was aware of potential hearing.

I think you will find Insurers send a questionaire to the HR dept, asking certain questions. E.g was Fred Bloggs aware of any possible disciplinary process that may be commenced, which might see their employment contract ended, yes or no. If you answer yes, please provide a brief explanation.

Okay unclebulgaria, So can the HR legally say that they have informed me of upcoming disciplinary process given that the HR themselves proposed to render all the meeting as Without Prejudice.

If the communications have been WP, then those communication cannot be referred to Anywhere. No?

Newlyn, can you tell us what the wording in your policy document says about disciplinary proceedings says please?

HB

Okay unclebulgaria, So can the HR legally say that they have informed me of upcoming disciplinary process given that the HR themselves proposed to render all the meeting as Without Prejudice.

 

If the communications have been WP, then those communication cannot be referred to Anywhere. No?

As explained. WP relates to a judicial process and does not mean it would not be disclosed to an Insurance company making enquiries.

Honeybee asks an important question about the policy wording, as that might determine the issue of whether informal discussion about disciplinary issues would stop a claim or not. I suspect it would stop a claim, if the Insurers advised that you were aware of the possibility of a disciplinary process that could lead to your dismissal.

I can't see the point in going over this too much, as you won't know what is going to happen and it is guesswork what your employers tell the Insurers.

Thanks HB and UncleBulgaria for replies.

Worst case, if the employer said I was aware of possible termination, then can I not challenge their report. There is no written communication and hence no evidence of what those meeting were for?