lostfaith... I am sorry you have not had many replies to your post but to be honest it is very difficult to make much sense out of it.

Many of us logically read posts and note the problems in a legal sense and solutions to the same and move on with the narrative, many of these solutions are logical in nature from that narrative and time based. Your 'story' has few actual dates and the time line jumps about in such a way as to make it impossible to follow logically. Perhaps you might consider starting again with proper dates and factual events.

It appears from you story that you do have a solicitor on board.... why do you need CAG if that is the case?

To answer your question in your last post, PI is different to employment law but there are overlaps. However making a PI case out of employment facts and history is very difficult and most courts shy away from this. Employment ET cases / Discrimination cases normally have short time frames to start cases. PI cases normally must start within 3 years (some exceptions) and Contract Law is 6 years. There can be many interactions between branches of the law but it is rarely right to mix them where one can separate the issues and make them clear to the judge.

Unless you can clarify the above I am sure you will continue to receive very little positive feedback.

You should also report the incident to the DWP as an Industrial Injury. The DWP will write to your employer for details. I suggest you write formally to HR detailing all the facts including who was present and who you reported it to management wise. When you report it to the DWP ensure that you include the fact that this was reported late and what you have done to ensure the employer knows of the incident.

Depending on how serious and permanent the injury is you may be entitled to Industrial Injury Disablement Benefit... however the threshold is quite high. It is worth noting that should the injury cause problems in later life you can revisit applying for benefit.

You should consider a Personal Injury Claim too especially if you are out of pocket for wages overtime etc as well as medical expenses and pain and suffering.

On Tuesday my husband received a call from HR saying they would let him "resign" rather than being dismissed if he will sign a waiver asking him not to bring them to an employment tribunal.

 

He asked them to send their offer out in the post. he hasnt even had his appeal meeting yet.

 

We have a list of things written down that they did wrong in the disciplinary process and have taken legal advice not to sign anything and been told we have a case for ET.

 

We are thinking of having a compromise agreement drawn up by a solicitor. Has anyone done this before and was it successful?

 

Any advice would be much appreciated!

Sounds like you have them on the run. Make a note of what was said and by whom and the relevance of it ie before the appeal.

Don't agree to anything and don't sign anything until it is all in writing.

They obviously will not take him back as they have already dismissed and clearly they don't want to incur legal fees. See what they want to offer before suggesting a CA. There are statutory guidelines for amounts.

Is there not evidence of these actions being linked to the maternity / baby issue?

has she sat down and written out the incidents in a chronological form? Sometimes it is clearer when this is done. There may be a an issue that the informal grievance was lodged and recorded and when that taken into account with the incidents will show a sense of victimisation and discriminatory behaviour. Lodging a formal grievance saying as much may give her a route to take that gets clearer as she progresses down it.

It is hard and can get even harder to go this route so she has to be prepared for it. They are obviously using tactics slowly slowly bit by bit to ease her out without it appearing discriminatory.

Not sure if this has been put into the mix, but if there is no merit to the claim against you as seems to be the thinking, and you and your wife are owed under the employment contract, there may be a case for a counterclaim too. I agree suitable legal advice is needed from a qualified solicitor.

I think you are looking for someone to give you permission to do what you actually want to do, which is probably the wrong thing, hope you followed that.

I gave my opinion above, you should fight it but you have an illness that puts doubt into your actions. The lesson to learn from all this is to do everything ion writing with these liars and keep copies. They cannot ignore the written word.

You have to do the thing that is best for your health you are the only one to decide that.

They won't change a warning to a dismissal. That would be unfair and unlawful.

if you made mistakes but were sick that is a clear training issue. Highlight the times when you were well and didn't make mistakes. Highlight the way they went for you and didn't support you clearly a persoanlity / bullying tactic.

By acknowledging the minor 'warning' rather than dismissal they fear a discriminatory ET case. Play on their fear get it in time and time again. The Warning is unfair too fight it. Try and get someone you trust into the appeal. Forget the RCN they have let you down as they do most nurses in your position. (Consider getting insurance after and ditching the RCN service) If the employer says no ask for a reasonable adjustment to their policy as the RCN would not help and acted discriminatory as well. They will allow someone if pitched in these terms, just ensure you ask someone that can help and not hinder.

It is not the best option to resign. Do not be afraid of the appeal panel. If you are citing discriminatory practice highlight that their very own decision if to your detriment may become discriminatory in itself and highlight that they should take care to make the right decision. Believe me they will listen they are judging YOUR determination. Give a hint you are not strong they will decimate you.

You will always find a new job, whether that will be in nursing and at your grade may be up for discussion.

hi papasmurf,

just wanted to let u no wat has happened since i last posted here. bascially sinceit was over a month since the investigation i decided to write a grievence letter about the length of time the investigation process was taking and demanded reasons to alot of questions i had as well as asking them had they considered that i mite be covered under the disability discrimination act. my rcn rep felt this was a bad move but i was so frustrated that i could no longer sit back and wait to see what they would do.

however a few days later i got a letter from them stating that although they should dismiss me they decided to give me a final written warning on my record for 12mths and when i was fit to return to work i would be supervised and they would refer me to the Nursing midwifery council due to my health and poor performance.

the problem is my confidence is shattered and i am scared in case i go back and i make more mistakes. whats your take on the situation i greatly appreciate your advise.

Seems like you made progress. The RCN..... typically...... would not take on a discriminatory practice and in effect practiced a discrimination on you too. They are worse than useless.

The employer backed away and gave you a warning, which in the contact of Equality Law could be viewed as a detriment. Personally I would lodge an appeal if you are still in time.

By telling you that you are to be supervised in the future, that means they are going after you, so once you are well enough to go back to work, I would insist that a new working environment is sorted otherwise old history is bound to come into the equation.

Here are the codes that you have to abide by http://www.nmc-uk.org/Documents/Standards/The-code-A4-20100406.pdf

I am not sure where your health comes into it. Perhaps you could write and ask why they would rely on the NMC codes when dealing with health issues. Poor performance is another matter. However it seems to me that they are prejudging and issue which is akin to bullying. Again why don't you write and ask for clarification. Challenge pre judge statements.... if they are 'giving you the benefit of doubt' then they should be concentrating on supporting and training you not issuing threats as to what disciplinary action they will take. Sound very much like victimisation because you challenged them in a grievance.

am now with a heavy heart putting together my grievance.

False and malicious allegation (re witholding food) I have evidence where a couple of weeks ago I popped into the hostel whilst on a day off sick to give money for food, logged. False because as is documented I did not withold food, maliscious as he could have called me at home (being i was the on call manager) and sorted it out, he wanted to make it official due to the discussion on internet!

Neglect. I have checked my logs, since the first discussion re the internet and loan saga, despite me being on reduced hours with a scknote due to medication and pain, had not one call of support or visit in 5 weeks, I have just been signed off for 4 weeks, but hopefully with a rest I hope to be back sooner.

He has visited all other managers in that time.

I fear this is a power thing, a) as I have many more years experience in this work, b) his stock answer to all my questions is " I dont have to justify myself to you, who the **** do you think you are questioning my actions.

These are the main things I would want to mould in to a Grievance there is plenty of evidence of him not doing his job properly, but I do not want to turn this into a cat fight

It is a cat fight. You are either right or you are wrong. The point is that by putting in the grievance you are challenging his authority. Now senior management either back him by stating that your bullying allegations have no foundation (even if they have they will ignore it) or they back you up and turn on him.

You have to realise this has got to end and if you don't win then perhaps the bullying will get worse and force you to leave or they will engineer your exit. Prepare yourself for a rocky ride. The ride may go on for many many months.

None of us can give definitive advice because we only ever get one viewpoint and state what we think from what you say. The trouble is that OP's (you) have varying levels of knowledge of the law and procedure and also varying health situations too. Some have the will to fight others not.

Generally, things are pretty bad by the time we hear things and so say it as we see it. You need to make one decision really whether to fight or not and if you decide to fight then you just have to believe that you will get some sort of good advice to progress it. Otherwise fade away and move on. No easy way when you take them on.

To be fair geordie..... if you have any doubts as to what anyone on here is telling you, you should ignore it all and go and pay for legal advice from a solicitor. HB is right suggesting that advice you have been told is not right is slightly offensive.

"This holiday was booked with this workers OLD department supervisor"

Don't know about other areas of employment but when one transferred between departments / areas leave commitments which were booked were honoured by new supervisors. Rather than being something that is problematic it was honouring those areas that needed support.

I am thinking you have this all wrong and do have a gripe. Perhaps you need to concentrate on what really is bugging you rather than resorting to excuses.

why should she feel descriminated against if she was allowed UNPAID absense here? Why should she be paid when theres nothing in employment law which states she MUST be paid or annual leave must be adjusted to cover any so-called emergencies

 

the bottom line is how would you feel if you asked for a holiday but couldent take it due to others being off that same week, then finding out 5 months later someone else HAS indeed got the time off simply coz they have kids

I refer to post 2 above. Is there something else going on here?

"a pair of protective gloves".

 

Sounds like PPE to me (Personal protective equipment). If so, his employer has a duty of care to provide these free of charge.

Excellent deduction johnny...

linandsi.... is there anything else going on at the company eg redundancies or loss of business?

Well to be honest.... in my experience these things normally go all the way to the top. The honest and best way to to this would be to ask to speak to your local CID. They would get a search warrant and seize record, disposal of records would constitute a criminal offence so best not let them know until Plod knocks on the door.

Of course you may not be comfortable with that but as said earlier... head parapet... no easy route when taking them on.

"I was thinking of ringing the owner of the company and saying that unless you compensate me for my losses and bad experience i will disclose all information to the police, dvla the manufacturer also.

what do you think?."

Look at the definition of Blackmail !! Making an unwarranted demand with menaces and with a view to gain would make you criminally liable too. If you are innocent of criminal allegations or even if you partook in these but only a minor role you might be better seeing a lawyer and making an allegation and allowing the Police to excecute a warrant to retrieve the evidence before it is shredded.

They are in deep do do and you need to be above board.

And just to put the icing on the cake, I have worked there for 8 years, and in that time my holiday pay has been paid as my basic wage so for example.... if i took 2 weeks holiday, i would get 4 weeks basic wage, plus only the commision i had earned during that month...

 

As i have since found out, they are supposed to pay an average of the last however long wage including commision since commision is part of the contract??

 

Sorry to have so many issues but I am fuming at the way i have been treat by this so called company!

Sounds like you need an employment lawyer Geordie

One last thing which I havent mentioned for fear of sounding like one of these people out to cause mayhem.....

 

during the scrappage deals and various other deals the manufacturer had at the time, I was upstairs witnessing the accounts dept manager forge the logbooks of customers so that the dealer could claim under the scrappage deal.

 

This means that they altered the names and addreses on various logbooks to claim money from the dealer and of course the government.

 

I can prove this information if somebody like dvla or the manufacturer was to investigate, Of course they know I know about it, but they dont know i do not have names and addresses of the logbooks they altered. Its is so easy to prove though as DVLA will have no records of those people ever having owned those cars!!!

OMG !!!!!!!!! How much are we talking about here? This is huge. You obviously don't want to go back to work for these people do you!!!

What you have to think here is that by disclosing this many people in the company could go to prison for Fraud. The Police would be the best people to report it to. If you chose to do that and depending on how far up the chain it goes then you could be covered by whistle blowing legislation.

I am sure others will pile in with advice. What is it that you want to achieve?

yes.... and disciplining you for a lawful contracted benefit in these circumstances could amount to victimisation..... but you HAVE to invoke the grievance procedure. State these explicitly. The reason being if they then actually do discipline you in any manner you could argue that any detriment even a warning could amount to victimisaion. You have to be disabled and for that you have to rely on the injury to your leg. The legal point there is that the injury and effects have to last more than 12 months or likely to last that long, but as you have no idea if it will or not at this time you just have to tell then that it COULD be discrimination and victimisation. If it isn't even raising the possibility of discrimination in a grievance and then they punishing you might be a discrimination... its all in the mind of why they do something. So explicitly raising it should make them very wary of doing anything aginist you.

Haven't they an email? These things are always best done in some sort of writing.

Go for it then, it seems unfair to punish you for using a benefit that is contracted and which has been reasonably adapted for a disability caused by them!!

To be clear you used the card because you were in financial straights?

You might want to look at this and drill down to specifics from the facts you know and the inside information you may have. http://www.charity-commission.gov.uk/publications/cc47.aspx

Do you have a gripe with the boss?

It does seem rather over the top. I suppose technically they are right it could have been looked as theft and he did lie when asked. I suppose the circumstances around this may be relevant eg a spate of thefts even low level ones might be of concern to management and they were on the lookout for incidents.