resigned under protest, and strangely ex-emplorer hinting i deserve a settlement payment

[papasmurf1cx]

 

but infact i do have these memos and transcripts of interviews and investigations - and they are worded with a insult [ugly, smelly, dumb] only one of the three is true but i not saying which to remain anonymous and the memo followed by comments to go home and cure it.

 

its a disability it cant be cured - which led to the disciplinarys about failure to follow manager guidelines - again its saying i getting disciplined for failing to cure my disability.

 

 

 

 

"Only one of the three is true....." I am guessing it is smelly. Correct? Ugly ie a disfiguring facial problem could perhaps be operated on but certainly not cured in a lunchtime. Dumb is either true or false again not really something that is 'curable.'

 

What exactly is the medical problem? Perhaps there is a cure or certainly a method of controlling it?

[bonnygirl]

If you can go back to work why not do it, as mentioned you can then following the correct procedure and put in a grievance and bring up all that you feel is affecting you at work. Also say that you want to call in access to work as the present situation is not conducive environment for you to work in.

 

(I have not read all your threads and hopefully I am not reiterating what someone else has advised you already). If you go back to work you will be able to get benefits and also a good reference for your next employment. You do not have to like people to work with them so it worth going back for a short while until you get maybe another job and who know maybe some of the people that you were working with have left the company.

[SarEl]

Sorry but this is meainingless drivel and bears, yet again, no relationship to anything that I have said to you. I have never called you a liar, but you are making up what you want out of what is said to you. I said that I said "sacked" nowhere in relation to being able to dismiss someone for a disability. You have found a reference to dismissal on an entirely different point - that you could go back to work and face the disciplinary, and if dismissed you could make a claim for unfair dismissal. Two entirely different unrelated issues. You are becoming offensive and nasty in your responses, and no amount of disability or mental illness excuses excuses your booorish behaviour. How dare you suggest that "time and time again i have not seen you offer advice on how to stop a disciplinary from even occuring nor offer anyone advice on how to word the story of others in a way to stop a investigation from occuring" - stopping a disciplinary or preventing an investigation is not possible. The only person who can do that is an employer - and you expect me to do it? For a complete stranger? On a website? If people do not like the advice then they can disregard it, if they think it is worng then they can take other advice. How dare you suggest that I am acting in anything less than a professional way in the advice that I give.

[SarEl]

If you can go back to work why not do it, as mentioned you can then following the correct procedure and put in a grievance and bring up all that you feel is affecting you at work. Also say that you want to call in access to work as the present situation is not conducive environment for you to work in.

 

(I have not read all your threads and hopefully I am not reiterating what someone else has advised you already). If you go back to work you will be able to get benefits and also a good reference for your next employment. You do not have to like people to work with them so it worth going back for a short while until you get maybe another job and who know maybe some of the people that you were working with have left the company.

 

Yes, it has been suggested, but the OP doesn't want to. He actually resigne whilst under investigation for "several" "minor" disciplinaries including gross misconduct. And the employer is offering to allow him to retract his resignation on the basis that he faces the disciplinaries.

[meekmeek]

sarel

using the words making up what other say is saying that i am lying about what they said

 

stop with the legal verbatim stuff - get your head out of the legal box and then put your legal experiences into the body and mind of a normal working class person who needs advise

 

everyone knows that employers can find things to accuse employees of that is unfounded so if there is no way to defend self at the investigation stage if they only accusing you as a attempt to progress the ACAS procedure for dismissal and not actually care if you are innocent or guilty - just go through the motions to progress it up to to dismissal then there is no point anyone asking for advice while employed like i said its best to just say go through with the disciplinarys and file a tribunal when sacked

 

sacked is a laymans term meaning dismissed - made redundant - loss or employment

 

yes in verbatim you did not use the word sacked but in laymans conversations you did mention words to the effect of loss of employment - so dont argue about my use of words simply because i did not use proper solicitor jargon

 

if i knew all the jargon i would not be trying to seek advise

 

-

ok now to the last post i posted - ok so you imagined my situation where theres been 9 months of insults and disciplinarys which EMOTIONALLY feel like the manager tells you to go jump off a bridge - but in a closer more realistic light is like the manager asking you to remove or cover up a facial disfigurement -

 

you resigned due to depression and stress and to keep reputation up as you know the boss is a METAPHORICAL grimreeper of employment that no matter how much evidence you brought forward they would still sack [again replace sack with whatever word you want] you

 

you would actually return to work to go through a month of 3 disciplinaries knowing the end result

 

so thats the only option you would follow - to tell the boss to shove the job offer up their bum or take it back

 

you would not personally represent yourself in a civil court if you had the memos and interview notes in your hand

 

well thanks at least the i and t are dotted and crossed

 

i guess tribunals are the only route to fight back the only true defence any employee has

 

employers can call up incidences as far back as over a year to aid their investigations - but workers only have a short period of 3 months between end of employment to truly have some defence

 

this is a bad country in relation to employee rights - employers can accuse anything to start a ball rolling and the only defence a worker has against nasty companies is a 3 month time limit AFTER employment ends.

 

guess thats why these nasty bosses want to depress their staff before pushing them into unemployment so by the time the ex worker if mentally fit - its too late

 

rediculus - oh well

 

i gonna burn all the transcripts - interview notes and memos as i am not returning there and so the insults on the paper are useless

 

no need to reply - i moving on - bye

[Sidewinder]

Time to calm down I think.

 

I can understand your frustration, and your grievance may be well founded, but as far as I can see advice has been given on the basis of what you have said. There is a very big difference between knowing that you have been mistreated and being able to prove that sufficiently within the guidelines which the law allows. The inconsistencies in your account of events would throw a spanner in the works, and from what I can see, you have been given open and honest advice as to the likely success or otherwise of pursuing a case. Naturally it is your prerogative to seek independant legal advice, but as has already been pointed out, you should also be wary that legal representation can be very expensive and certainly doesn't guarantee a win in court - merely that the solicitor gets paid regardless and it may be you that ends up with the bill rather than the opposition. You do not like the fact that others have used legal terminology, or are speaking from a legal perspective - sadly that is necessary in the context of what you are asking, and would be nothing compared to what you would face if you were to proceed with legal action, as the case would revolve around very specific legal points rather than hypothetical 'What Ifs'.

 

Unless I have missed the point completely, the time for Tribunal action has passed, and a civil case would appear very flimsy to say the least, whereas a return to work even if it were to result in dismissal would allow you to defend against the disciplinary matters and then maybe look at an Unfair Dismissal case.

 

Please try not to attack the messenger. If you ask for advice, then don't expect it to always be what you want to hear.

[SarEl]

Sidewinder - can I suggest that the topic is exhausted and it is perhaps time to lock the thread?

[meekmeek]

i understand sidewinder

 

but presumptions have been made without questions being asked and without reading what is put. then they got defencive when i tried to explain their presumptions were inaccurate and that they have misinterpreted my laymans language

 

i do not find it helpful that a normal person has to learn solicitor language just to seek advice it is far easier for the solicitor to learn or translate their solicitor speak into laymans english

 

e.g

i would not want to have to go to a doctor and have to know all the medical abbreviations prior to getting a diagnoses its for the doctor to interpret by asking questions what i mean by what i say

ie if i had a pain in my chest the presumption would be heart and lung issues - but a doctor would also ask about have i been stabbed punched or hit anything incase the pain is rib - muscle based

 

i do have paper proof of insults and the interview notes and the transcripts of the disciplinaries but the advisers called me a liar saying i made them up.

 

i would hate to have it where anyone verbally told seral a discriminatory remark again verbally as he would not have a leg to stand on in court - because he believes that paper proof is not enough in his eyes for a case. so verbal is even less chance as its hear say.

 

but hey if a employee only has a chance in tribunal - then i aint gonna go through another month of stress just to be sacked [replace sacked with own legal jargon for employment termination]

 

all i ever wanted to know was without starting up a new case how could i make the best out of the current situation.

 

all i got in return was wait and see what happens [not verbatim]

you dont have a case [although investigations were continuing]

 

put it this way i have resigned so in the employers eyes all their i and t should be dotted as i am not employed by them which is what they wanted

 

so why are they offering me the job back if it was clear in my resignation letter why i left in the first place.

 

so there must be a case to answer to or the result of their own investigations after my resignation would have been that there is no evidence of any wrong doing so goodluck with future job prospect

 

yes that is a presumption as the actual answer they gave was to offer job back

now again ill say it why after resigning would a company start investigations and then offer job back.

 

but seral is right on the last point - this thread is exhausted i have given up seeking advice because i did not pass high street solicitors question about date of resignation for a tribunal assessments

and i did not pass serals language requirements to get a fair answer

 

i asked questions about vento bandings - no actual reply - just tribunal timescale waffle

i asked questions about if he put his head into my situation or a situation [where he is insulted and accused of stealing a encyclopedia of law and the stress caused him to resign and be bed ridden for 3 months] what he would do - again no reply

 

so there is nothing that can be done - i am not returning to work to go through stress again just for them to dot and cross there i and t and leave me yet again in a unemployed state and depressed all over again

 

it will achieve nothing in terms of my health

 

all i wanted to do was to make the most of a situation which started all on its own - i dont want to provoke anything with employer - so i am out - line drawn in the sand

 

[i only said about possibilities of civil case - incase i wanted to file something in future - not that i am currently wanting to or that i intend to - just a possibility]

but sarel presumed without question that my intention is to provoke trouble for financial gain.

 

again i dont want to provoke anything i just wanted to make the most out of a situation that presented itself

 

but hey lets close the thread end it all

i have not achieved much support just accusations and presumptions and wait and see's

 

thanks for the advice when it was given - i truly and genuinely did take in all the points raised but the presumptions and accusations made to avoid answering other questions has left me without the answers and too late to do anything about

 

so goodbye - close thread

[Sidewinder]

Thread closed as suggested and as per OP's request.

 

Meekmeek - please feel free to ask for it to be reopened if required, or if there are further developments where you need advice.

[meekmeek]

(edit - previous thread re-opened)

 

ok here goes

i decided to via telephone inform the investigator that i am declining the job offer on medical grounds as my resignation letter stated that there was no positive way forward in staying with the company and could not find a alternative job role or location that would avoid future business issues or stress.

 

he replied in saying he understood and the next step would be to write my reasons to decline the job offer to HR.

 

5 minutes later he phones me up all apologetic about the circumstances of 2009-2010 and said treat this as off the record- it would be financially beneficial if i state that i have feel that i have been constructively dismissed in 2010 and the reasons why as they do have a settlement pot without needing things to escalate to tribunals or court cases as he feels i was treated harshly

 

so anyone know of the best way to write a letter as my mind has just gone back to IQ of 2

 

what i want to say is i resigned under protest in 2010 due to the harrassment and insulting memos and the ignorant disciplinarys that had managerial tasks set to deal with symptoms of a medical condition which is truthfully listed as a disability on the disability discriminations act. that at the time of the resignation i had already thought of all alternative job roles and locations but found no role would be suitable in relation to my disability that would satisfy the business needs.

 

-

 

i just want it to not sound all waffly

 

i heard theres words i should avoid using so that it does not appear that the business is innocent and that i just resigned out of job boredom or just left voluntarily

 

as you can tell by the chats with advisors on here wen i try to say something it gets misunderstood and i would say that it probably is due to my head not being in the game so i seek some support to ensure i dont waffle or write it wrong where it gets mis understood

 

i dont like to make my personal appearance issue public knowledge and so i am reluctant to explain the finer details of this on the letter to whomever would read it. but would i have to get into the finer details of the reasons for the insults the disciplinarys as its become a touchy subject

 

ie before 2009 i didnt mind people looking at me but now i try to hide from stareing eyes when i go shopping

work has royally messed with my confidence and my health

Edited February 9, 2011 by ErikaPNP
as stated

[papasmurf1cx]

Try this

 

"Dear XXX

 

Thank you for your phone call of (date) asking that I should write to you and your advice that I should say that I was harshly treated and that I should say I was constructively dismissed. Whilst I hear your advice I do not necessarily agree with it but I do wish to put an end to this matter. I am told that you wish to consider a financial settlement to end the correspondence between us and I am open for this to happen. I also wish to avoid unnecessary cost to you so bearing that in mind, please could you put forward an offer for me to consider. I will then be able to take advice as to whether the offer is acceptable. Should it not be acceptable I will write to you stating what I think an acceptable offer is. That way we can all move forward."

 

Your Meekmeek

[dx100uk]

that would be a silly thing to do esp as the gent said:

 

treat this as off the record- it would be financially beneficial if i state that i have feel that i have been constructively dismissed in 2010 and the reasons why as they do have a settlement pot without needing things to escalate to tribunals or court cases as he feels i was treated harshly

i would simply write to the md or whoever, and simply state that you feel your resignation in 2010 in the least part was due towhat you considered unacceptable actions [xxxx] / behavior of the company and its employers and having

carefully investigate simular cases, feel you have a good chance of proving contructive dismissal at an employment tribunal , should it ever go that far.

however , at this tage you are open to offers/thoughts.

 

dx

[SarEl]

having

carefully investigate simular cases, feel you have a good chance of proving contructive dismissal at an employment tribunal , should it ever go that far.

 

dx

 

Which it will not. As mentioned throughout the thread (and the OP's other threads) the OP is out of time to make a claim.

[dx100uk]

thanks for that sarEl

 

i'll merge the threads too.

 

dx

[dx100uk]

threads merged

 

dx

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