Breach of contract/battery/assault/personal injury against my ex employer-HELP on procedure

[Oyinda]

I commenced full time, six month contract employment on 13 June 2011, covering maternity leave. Mycontract was due to expire on 12 December 2011. My probationary period wasfor the first six months of employment. My line manager regularlymonitored and assessed my performance, and I consistently received positivefeedback verbally and written via email. My employer knew that I hadbooked a holiday abroad from early December 2011 to return in 2012.

 

I had my six months review and my line manager passed my probation verbally and extended my contract for six months. A few days after he gave me a signed amended letter that reduced my contract extention to 3 months saying my performance was unacceptable. The accusations he claimed to me were unfounded and i asked for a written proof to have it investigated. Two days later he my employer terminated my contract without reasons and paid me one month in lieu. On my last day i was assaulted by my manager when he panicked and saw the letter he gave me extending my contract for 3 months. Last day at work work 1/12/11. My manager is a Director and has authority to extend contract, i worked in the HR department.

 

I have now written to my employer to claim Wrongful dismissal/breach of contract andBattery/Assault/Personal injury and request for wages for 3 months extention and compensation due to assault etc.

 

Employer now wrote back to me that they will treat my grievance using the Modified Grievance Procedure and this procedure is no longer in place and they will respond in writing and i cannot appeal thier decision. I am unseure of their response and think they will deny my claims but the letter i wrote to my employer was clear and truthful.

 

Please HELP on my on MGP and what is MGP???

 

Thank you

[ims21]

Thread moved

[stu007]

Hi

 

This seems very strange the employer will treat your Grievance using 'The Modified Grievance Procedure and this procedure is no longer in place and they will respond in writing and you cannot appeal there decision'. BULL

 

Write to the employer requesting that they forward you a full copy of the companies 'Disciplinary and Grievance Policy/Procedure'.

 

Also have a look at ACAS Website: www.acas.org.uk

[papasmurf1cx]

What were your injuries?

[benny1970]

Hello

 

If you were assaulted please report to the police as this will support your PI. Also see hospital or doc so any evidence of injury is recorded. As for dismissal I think you have no case as you are not protected if less than 12 months unless an act of discrimination occurred - disability, sex, race and you will need to prove this.

[Oyinda]

Hello

 

Thank you all so far.

 

As for injury, i was pushed and my arm was twisted! (body pains) my contract was terminated on a friday and i travelled on monday! sought medical advice abroad as soon as i arrived at my destination and all this was included in my letter to the employer. As for dismissal, i sought breach of contract because i was verberlly offered an extention and accepted verbally and i have written eveidence.

 

Please more advise on this matter accepted.

 

Thank you

[Sidewinder]

If the employer has not used procedure to dismiss you then this will make it extremely hard to defend against a Wrongful Dismissal claim. If I read your post correctly then you have a contract extension for 3 months yet were then forced to leave almost immediately without any disciplinary process involved? Unless you committed an act which was so severe that a disciplinary process was not deemed appropriate (for example where there was a threat of physical violence) then as far as I can see you would have a good case to be paid the three months outstanding on the contract.

 

As far as I am aware though there is no jurisdiction to make an award for any assault or personal injury. Any alleged assault should have been reported to the police and it is probably too late now to instigate proceedings.

[Sidewinder]

Hello

 

If you were assaulted please report to the police as this will support your PI. Also see hospital or doc so any evidence of injury is recorded. As for dismissal I think you have no case as you are not protected if less than 12 months unless an act of discrimination occurred - disability, sex, race and you will need to prove this.

 

That would be true if the OP were looking at action for an Unfair Dismissal, however in this case it is a question of Wrongful Dismissal which doesn't need 12 months service - ie that the OP has been dismissed without procedure and for no reason and has therefore not benefitted from the 3 month contract extension - the remedy is to sue for a breach and claim damages equivalent to the three months pay lost - nothing more can be awarded unlike Unfair Dismissal where punitive damages are also considered.

[Oyinda]

Thank you.

 

I was to shocked to consider going to the police and bearing in my i had booked my holiday abroad since July 2011 and my employer knew about my last working day (bfo my contract was suddenly terminated) for 2/12/11 but terminated my contract on the 1/12/11. Yes my contract was extended for 3 months and i did not do ANY wrong and nothing was on my personnel file regarding poor performance on my last day either even my termination letter did NOT mention poor perfermance. I did write to my employer to request for my 3 months pay re: breach of contract however they wrote back to me that my grievanace will be treated under Modified Grievance Procedure that is no longer in use and they donot have a right to deal with my complaint and i have no right to appeal their written decision. They would write to me in 10 days.

 

I feel strongly they will deny my claims

 

More help please Modified Grievance Procedure

[papasmurf1cx]

The county court would look at the assault charge but as you have little or no injuries I would suspect that the risk of taking an action and any resultant compensation being very low would make it a tricky matter to proceed with. It would be more trouble than it was worth especially if conducting it from abroad.

[Oyinda]

Thank you.

 

I am not abroad, i am here in the London.

[papasmurf1cx]

Modified Grievance is where the employee is no longer in the employment of the employer. The complaint is considered and you will get a reply. That then serves as the Grievance procedure being complied with so there would be no uplift or downgrading of any compensation awarded by the Tribunal ie attempts were made to 'solve' the dispute before resorting to litigation.

[papasmurf1cx]

Thank you.

 

I am not abroad, i am here in the London.

 

Yes realised that when you repeated the word 'holiday' !!!

[Oyinda]

Thank you again!

 

Does that mean, if my employers use the MGP i cannot appeal decisions made by them directly and will have no choice than to file a ET1 or Civil court?? ie if i dont agree to thier reply.

[papasmurf1cx]

Thank you again!

 

Does that mean, if my employers use the MGP i cannot appeal decisions made by them directly and will have no choice than to file a ET1 or Civil court?? ie if i dont agree to thier reply.

 

Correct. It is merely a technical way to avoid the perils of the court increasing or decreasing the compensation payment.

[Oyinda]

Thank you!

 

Can i do anything on my side or just wait to read my reply? I did ask for compensation payment on assault/personal ijury (equivalent of my 3 months salary) so i dont loose either way!

[papasmurf1cx]

Wait for a reply and see what they do. Should they not respond in say 14 days write again stating that if you don't hear from them in say 7 days you will instigate proceedings.

[Sidewinder]

Completely agree with Papasmurf. The MGP only requires them to look at the complaint and respond. Any ET action later would then look at whether they had complied with the ACAS Code of Practice relating to Grievance Procedures, however that is a red herring as what you are seeking here is damages based on actual losses, so a Tribunal or Court would award simply on the basis of whether your employer breached the contract, and if so what loss you suffered as a consequence.

[Oyinda]

Thank you VERY much, i am extremely grateful! i had lost a little confidence previously.

Completely agree with Papasmurf. The MGP only requires them to look at the complaint and respond. Any ET action later would then look at whether they had complied with the ACAS Code of Practice relating to Grievance Procedures, however that is a red herring as what you are seeking here is damages based on actual losses, so a Tribunal or Court would award simply on the basis of whether your employer breached the contract, and if so what loss you suffered as a consequence.

[RachelMD]

What we need to know here is what the contractual terms were for the ER terminating the EE's contract-

How much notice was the ER required to give, and was there a clause allowing them to give PILON?

 

I'm not sure the OP is entitled to anything more here.

[becky2585]

I don't think there's a wrongful dismissal element here as you were paid in lieu of notice for your notice period, by your own admission. The correct action is for breach if contract to try to recoup the duration of e fixed term contract. The assault is a police issue, not an employment one.

[Oyinda]

Hello all

 

An update on my case above, i have not heard from my previous employer and its now over 10days (15 days to be precise). I now want to write to them today giving another 7 days to respond otherwise i shall submit my application to the County Court, i also used a line about using every social networking website (can i do this??) to expose what my previous employer stand for maybe that will press them a little.

 

I look forward to reading advise

 

Thank you

[honeybee13]

Hello again.

 

I hope you'll have other replies about this, but I would exercise caution about what you put on a social networking site, as it seems to cause nothing but problems to people here.

 

And could it prejudice your case?

 

My best, HB

[Bigredbus]

I commenced full time, six month contract employment on 13 June 2011, covering maternity leave. Mycontract was due to expire on 12 December 2011. My probationary period wasfor the first six months of employment. My line manager regularlymonitored and assessed my performance, and I consistently received positivefeedback verbally and written via email. My employer knew that I hadbooked a holiday abroad from early December 2011 to return in 2012.

 

I had my six months review and my line manager passed my probation verbally and extended my contract for six months. A few days after he gave me a signed amended letter that reduced my contract extention to 3 months saying my performance was unacceptable. The accusations he claimed to me were unfounded and i asked for a written proof to have it investigated. Two days later he my employer terminated my contract without reasons and paid me one month in lieu. On my last day i was assaulted by my manager when he panicked and saw the letter he gave me extending my contract for 3 months. Last day at work work 1/12/11. My manager is a Director and has authority to extend contract, i worked in the HR department.

 

I have now written to my employer to claim Wrongful dismissal/breach of contract andBattery/Assault/Personal injury and request for wages for 3 months extention and compensation due to assault etc.

 

Employer now wrote back to me that they will treat my grievance using the Modified Grievance Procedure and this procedure is no longer in place and they will respond in writing and i cannot appeal thier decision. I am unseure of their response and think they will deny my claims but the letter i wrote to my employer was clear and truthful.

 

Please HELP on my on MGP and what is MGP???

 

Thank you

 

Hi,

 

(a) Could you, please, go back to your initial contract and tell us the start date of said contract and state clearly if that contract has an end date...

(b) Check for a provision enabling either side to terminate the contract on giving notice before the term expires.

© As for the ''assault''... this is a matter for the Police to deal with...

 

And do not post anything on social websites in relation to your ex-employer as it could turn against you... threats of this magnitude are generally not received very well!

[Oyinda]

Thank you.

 

My initial contract has a start and end date for 6 months. I was then extended for another 3 months in agreement with the senior management team. However, prior to going for holiday and for no reason my contract was terminated without formal procedings or warning however reason given verbally to me was poor perfermance. Prior to that, by my same manager i was commended for job well done and passed my probation. Regarding receiving notice in my contract it states one week.

 

OK, thanks for the advise on social networking website i will remove that from my letter and just write to them to respond as written to me previously.