Constructive Dismissal???????? Compromise Agreement?????????

[papasmurf1cx]

Were you injured in the assault? are you suspended on full pay or sick or what? Please clarify.

 

How much is you wages? The figure seems very low to get rid of you, you are right to decline the offer. Was the offer in writing or verbal, if verbal it is not worth anything anyway, as they are just trying to find out how much it will take to get rid of you.

 

How long have you been at the company? There is a formula for making people redundant, although this is not a redundancy situation rather than they want to pay you off as they don't want to address the actual problem.

 

Have you got legal advice or are you relying on CAG?

[honeyb1234]

I was not injured, she just kept tapping me to provoke me. I work part time and have worked there for just under 4 years. I am suspended on full pay althoguh I am not quite sure if I will receive any more payments since they are offering a compromise agrrement. I have had some advice from a friend whom said to write a stage 1 grivience (she works in HR) she felt that the letter sounded like they were dismissing me as there said it would be difficult for me to return and want me to name a price, based on this she felt I needed an official letter (as all are without prejudice) as if I am no longer an employee it is wrongful/unfair dismissal and the grounds for the decision. She also felt that the treatment was discriminatory.

[papasmurf1cx]

Why discriminatory? What form of discrimination? Please explain the story that makes it discrimination.

[honeyb1234]

basically I am at the bottom of the company and the youngest, and I am always made to know this to the point where I get called a child and who do I think I am and that this job isnt important and they can get anyone to do it amonst other things. I know that there is another individual there whom they want to give my job to as this person told my colleague that they were planning to make me redundant so they could merge our jobs together for the new person

[papasmurf1cx]

That's not discrimination. I would be careful about what your HR friend is advising, as if she is telling you this she could be telling you it wrong. These are the areas that are protected http://www.legislation.gov.uk/ukpga/2010/15/section/4 being "the youngest" is not one of them.

 

Have you all this in writing or are they merely talking to you?

[honeyb1234]

Oh ok, yes its all in writing

[papasmurf1cx]

perhaps you could tell us what the letter has said. It may very well be that they have effectively dismissed you and you need to take action. If you can anonymise the letter but tell us the wording that could be helpful.

 

Have you a union or legal Protection Insurance (look at home contents policy where you live.. your own or parents as you could be covered under theirs) for employment disputes? That may be you best route for legal advice if you have them.

[honeyb1234]

Thank you for your email. I am sorry that you feel that our proposed offer is not acceptable.

 

When we first met on the and spoke about the situation I suggested possible exit strategies, which you indicated you were willing to consider. I do appreciate that you feel that there hasn’t been a satisfactory conclusion to your grievance but it is difficult to find a way forward. Whilst you say you wish to return to work in September, I am very aware that tensions are still ongoing and this would be a difficult scenario for you to return to.

 

In an attempt to move things forward I would be grateful if you would give me an indication of what you consider would be a fair monetary settlement to consider, in the hope that we can bring closure to this unhappy situation. Please can you let me have your thoughts. You can also contact me at any point if you have any questions or wish to discuss things further.

 

I look forward to hearing from you,

 

in regards to this letter I actually said that I didnt want to leave but she said just consider all options and I said ok

[papasmurf1cx]

I think you need to write to them clarifying your position, unless you have done so already of course.

 

You need to tell them exactly what your position is.

 

They obviously have instituted a Grievance Procedure already. can you tell us what that letter said? Did you go to the Appeal process? if not then you should be considering that when you write to them clarifying your position.

 

It is not up to you to make offers... they are the ones wanting to disengage. By making an offer you are, in fact, accepting the necessity to leave. Are their letters headed "without Prejudice" or not?

[honeyb1234]

Hi everyone,

 

I have been having alot of problems at work for around a year and a half and in March I was verbally abused by my work collegue whom also pushed me. I put a grievance in following which was upheld, yet I have still been kept off of work for a month so far until the situation is sorted, for my own safety yet the other individual is still at work. I have been treated differently and even the manager has been treating me badly she doesnt even talk to me anymore as she is very good friends with the other individual and it is a small company. I have told my manager previously about other situations and she just laughs about it. I even put in a complaint previously about the way that I am treated at work which was simply ignored.

 

I was off of work for months due to this, although the other party involved put in a counter grievance and it was held that part of hers was also upheld (in that I had been hostile towards her) which is true although this is because of the treatment that I had received. I had since asked for the minutes and was told that I could not get them due to confidentiality. It was suggested that mediation should be taken in order to give the company feedback to which I agreed and the other party didnt. As this was not agreed to I said that I was not willing to go back to the workplace until mediation was sort as my workplace should be made safe. Although they said mediation was no longer an option as the other party was not willing. One of the board members suggested that I should just go back and see how it goes and that in his opinion we should both with draw our grievances.

 

As this was not a option I have now been offered a compromise agreement. I did ask the individual who proposed this offer if there was any other option and she said no.

 

I replied saying that I am not willing to take the offer and would just like to return to work in which she said that due to the tension it is not appropriate for me to return as there is tension and it is difficult to find a way forward. Thus in order to move forward I should give a indication of what I feel to be a fair monetry settlement. After stating that this would constitute to unfair dismissal as I was not will to agree to this they let me back to work. No mediation took place I have basically gone back into the same situation.

 

I have now been back for around 5 months and it is very hostile within the workplace to the point where certain members of staff no longer talk to me including the owner of the company. Since being back I have even had a member of the management team supervising me every day I am at work which I feel to be very overbearing I have even made a complaint about it but she said she is just seeing how the company works I also said about staff being very hostile towards me to which she said it is to be expected, I also had a supervision meeting in which the manager whom has been watching me every week told my supervisor to tell me that I am very withdrawn and sullen. My supervisor made it clear to me that she does not agree although the manager said if she didnt tell me this then the manager would have to. I do not feel as though I am I make an effort to talk to everyone even more so as I do not want there to be any cause for complaints, this is just to name some of what is going on but also I have not been invited to the Christmas party I would like to know if there is any action that I could take against the company.

[Offkey81]

Your in a difficult position. Other than grievances I cant see any legal action you can take while still being employed.What would be your ideal outcome? as

 

If you wanted to stay I could only think of trying to resolve this matter with all informally or by raising grievances, but as you probably know, this latter option can cause more conflict than it resolves. Instead of mediation, you may want to put forward the idea of arbitration, but this is to decide something and unless there is an issue to decide on it may not be appropriate. Other than that I am stuck.

 

If you wanted to leave it may be a good idea to raise the idea of the compromise and outline the strengths of your case in order to negotiate more money (plus speak to the solicitor they should pay for).

[stu007]

Hi honeyb

 

Please have a look at the ACAS Website it is full of useful information and you can also call them for advice.

 

The website link is: www.acas.org.uk

[honeyb1234]

Hi Guys,

 

I have been having alot of problems at work it started when an collegue became very agressive with me at work and pushed me, I put in a grievance and it caused me alot of problems, I was off for months and when there hearing came around it was in my favour, she then done a counter claim and it was not in her favour it was suggested that mediation take place to which she refused so the company said there was nothing that they could do and offered me a compromised agreement to leave, which I refused.

 

Since this time I have had nothing but trouble upon my return to work my collegue threatened to hand in her resignation (this is a small company) which made it very hard for me, certain individuals stopped talking to me including senior management. I no longer get invites to work events such as the christmas parties, i even get blamed for errors that have not been done by myself. I have overbearing supervision which never happened before and negative reviews in which the company paint me in a negative light.

 

When I do voice my opinion I get told that I am wrong and there is always a reason for everything, i.e a breakdown in communication even inregards to not being invited to the xmas party I was told that the database must have missed me .

 

My manager has also raised concerns as to how the company have been treated me and I have a feeling that they are going to offer me a compromised agreement, when they offered this before it was just over £1000 which I don't feel is enough for the way they have treated me. I am wondering if there are any other options for me maybe there are grounds for a tribunal claim, if so how would I go about it would I have to write some sort of letter to my employers and communicate this with them? Also should I hand in my resignation.

 

Thank you in advance

Edited February 27, 2012 by honeyb1234

[honeybee13]

Hello there.

 

I'm sorry you haven't had any replies yet, but I'm sure the guys will be along later.

 

It's unlikely anyone here will advise you to resign, it's usually better to wait for the employer to take action.

 

You need to have reasons to go to a tribunal - is this something you have read up on? You could start with the ACAS website and I'll post up something from directgov if I can. ACAS have a helpline you might like to ring.

 

Lastly, do you have any previous threads that relate to this please?

 

My best, HB