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About kane3000

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  1. I have but she is reluctant to start at a company that is potentially going to court 'over her'. I can see what she means - it wouldn't be nice to start a job with not only the expectations of worry of getting through your probationary period but also aware that the company could land up in court over a dispute due to your employment there.
  2. I think this is the right forum to post this. Basically, my partner has been offered a job via an agency but now the company offering the role have refused to pay any agency fees for the position and so have told her that she can’t accept. If she does, then the company could be sued for breach of contract! Surely there must be something she can do here – she is the one suffering for over a dispute between two companies and it’s completely out of order. It’s not as if we are in an environment where jobs are plentiful and offers are coming in every day – she must have a legal right here somewhere??
  3. Hi thanks, not really as I already have a debt relief order booklet at home - I just have no idea where to go to find out about this question!
  4. I'm thinking of looking at this as an option but one thing I haven't got clear is how this works in terms of income. I earn a basic amount that I am guaranteed every month and I can also earn commission but what are the rules on using this at criteria for including it in my income, as it is not always guaranteed to be paid to me and if it is, it will not always be the same amount? Do I disclose this or just state my basic annual salary?
  5. It wiser for an employer to postpone the hearing until you are fit and ready to attend but they are not legally obliged to. By delaying it, they would be protecting themselves longterm from an employee saying that they never had a proper chance to defend themself at he hearing and avoid a tribunal ruling against them.
  6. Well, we have attempted to reconcile on two occasions – once the disciplinary letter was delivered via courier on Monday stating the hearing was yesterday, we sent them a letter early next morning asking to arrange a pre meeting to discuss ‘other’ avenues. This was rejected. We then planned to discuss a compromise agreement, to strike a deal to suit both parties before going into the disciplinary – and they would not entertain this either. She could’ve resigned with notice but they would’ve pushed forward with the disciplinary. The way I view this is that the company (and we know that this has escalated high up in chain of command, if not to the highest – and this guy is a very well known billionaire owner of this group) were determined to show a strong hand and punish someone, someway. Otherwise an agreement could’ve been reached but they showed they were not interested at all. This company were originally going to be sued by another over this, although we have found out that it is not going that far after all. My partner has pretty much lost any chance of going to a tribunal unless she was to allege that her position was made untenable due to the link of the disciplinary and grievance being linked to the same Director and the undermining of her position in her (old) department. That will take time and money and frankly we’ve achieved the main goal, which was protection of her record. I personally think that the high chain of command will not be pleased that no punishment was given out and that they have no protection of their product as they could not put her on gardening leave. Ideally, I think they would’ve wanted both of those – dismiss her on gardening leave for x amount of months so they win all round, instead they have got nothing. Sure, my partner hasn’t got a pay off etc etc but this could’ve ended up a hell of a lot worse than it has.
  7. By the sounds of it, this is a large company? Is that right? If so, you can ask for someone else to chair the grievance if you feel there will be a bias towards the person you are accusing. You can tell them that you are not comfortable and feel you will not receive a fair assessment as you know they are close friends away from work. They will then have to justify why that person can't be changed and if this is a large company, then there will surely be someone else available that is trained sufficiently to handle this instead. Phone ACAS (08457 47 47 47) - fire any question off and you'll get your answers - no advice as they can't do that but they are a great portal of employment law knowledge.
  8. Excuse me? Time being wasted? I have been thorough enough throughout this thread - I provided an update which no one was obliged to answer, thus feel their 'time has been wasted'. Are you now owed a time refund?
  9. It was minuted that they agreed not to and this was put into the resignation letter. So this will not be the case here.
  10. Well they can't as the proceedings are not pending as they were cancelled. They cannot proceed with a hearing if she is no longer an employee - otherwise they would've continued during her notice period.
  11. Just to wrap things up, she has resigned with immediate effect. We had drawn up a plan for her to try and discuss a compromise, then if all else failed resign with immediate effect but I don’t think she stuck strictly to the plan and bargained enough with them. The bottom line was they said if she resigned they would still press ahead with the disciplinary so she said she would resign with immediate effect right there and then. So that has been done and she is no longer and employee of the organization. At the very least she has protected her record from having dismissed or a disciplinary mark on it and can always invent a reason as to why she had to resign. Phew. At least now the stress levels can begin to drop…
  12. They can provide factual statements, I know personal references are no longer given. It's a game of risk where she would have to hope that a new employer doesn't dig too deep and just asks for length of service, job title and salary. Our plan is this (her meeting is at 12.30pm): *Ask to sit down before the hearing and discuss a compromise agreement. *If they refuse this, then resign with immediate effect, stating that her position has become untenable (she has a pending greivance against the person that has instigated this disciplinary so they are linked) as she has attempted to reach an agreement that they have refused. This could leave her open to being taken to county court IF they can prove it left them with a loss of earnings but that is a worse case scenario and something I don't think they could prove. Of course, the latter option would relinquish her notice, appeal and any due monies but protect her record - which is paramount to her.
  13. ACAS have told us that they can still go ahead with a disciplinary even if she is off sick - again, it's not advisable they do so but it can be done. Also, it this was to go to an ET, I'm not sure how good that would look. The morning of her hearing, after emailing to confirm her attendance the day before, she all of a sudden pulls out a doctors note? Surely that would undermine any other reasons she would want to put to an ET?
  14. Well in all honesty that has put her under a lot of stress and has really taken its toll on her. We thought about going docs and getting a note etc but i know they can still proceed with the disciplinary hearing without her. That could go against them longterm but if the hearing is tomorrow and she wants to resign then, what would going sick for the duration of her notice do for her? More than likely they would put her on gardening leave anyway if they take the resignation/comprimise and won't allow her to actually work the notice. It's more about protecting her record longterm more than anything else. The ironic thing is, she has a solid case against them but the record at this company is if you are put on suspension, no one really comes back after that. She just wants an end to this stress and wants to protect her record for a next job - but I'm beginning to doubt that will be possible.
  15. Well from what I've seen on the net (not always the most reliable source) she can resign of course, they can proceed with disciplinary but I've read two things - They can issue a dismissal and this overrides the resignation or They will put on her reference that she resigned pending a disciplinary. Tbh, I've seen more evidence of the second option rather than the first. The further question is can she resign with immediate affect stating that she feels her position has become untenable - ie, she feels no other option than to resign as she has a pending grievance against her director and cannot continue to work with her should she not be dismissed and of course the moral of having her whole department pretty much aware of what has been going on for the past 2 weeks (of course, officially they shouldn't know this but we all know word gets round). I've read that if you resign with immediate affect that this screws your chances of getting a good reference as you have not given a fair warning for your leaving (not legally obiliged to - is that right?) and they can play hard ball with you for that. Again, these are things to ask ACAS first thing in the morning.
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