Forced to Resign

[strawberry-mousse]

I have had no choice but to resign from my employer.

 

• I have lied to customers to secure business under instruction
  
• Fabricated documentation under instruction
  
• I have been asked to find or make incriminating evidence to get someone sacked
  
• Forced to delve into electronic chats between a few co-workers to help cement the redundancy process with no HR involment
  
• Prior to out of court settlement for another collegue was asked to find information before they had to pay them off
  
• Cancelled annual leave
  
• Forced to carry over half of one years holiday into 2013
  
• Removed a group of ethnic minority from the organisation in one redundancy process
  
• Extremely rude and insulting comments towards women
  

 

These are just a fraction of the examples that I have and not prepared to go into any detail because I am fearful for my wellbeing as this company I have worked for have used the muscle of lawyers to destroy people.

 

This has had a major impact on my health and my family, friends including co-workers want me to pursue this through to Tribunal Hearing.

 

My worry is that I will get bullied in the court hearing as I am not a very strong minded individual and even having sought legal advice they have told me that employers can say and do what they want!

 

I just want to know is a Tribunal fair and will I get an opportunity to relay and summarise circumstances of how the company has behaved in the past with other employees, name the customers etc

 

If i'm going to do this then I want to be able to articulate myself the best I can

 

Really appreciate any advice or support

[renegadeimp]

How exactly were you ' forced' to do all that? Its not a comment against you but a question you will be asked if you take it further.

[BazzaS]

I have had no choice but to resign from my employer.

 

• I have lied to customers to secure business under instruction
  
• Fabricated documentation under instruction
  
• I have been asked to find or make incriminating evidence to get someone sacked
  
• Forced to delve into electronic chats between a few co-workers to help cement the redundancy process with no HR involment
  
• Prior to out of court settlement for another collegue was asked to find information before they had to pay them off
  
• Cancelled annual leave
  
• Forced to carry over half of one years holiday into 2013
  
• Removed a group of ethnic minority from the organisation in one redundancy process
  
• Extremely rude and insulting comments towards women
  

 

These are just a fraction of the examples that I have and not prepared to go into any detail because I am fearful for my wellbeing as this company I have worked for have used the muscle of lawyers to destroy people.

 

This has had a major impact on my health and my family, friends including co-workers want me to pursue this through to Tribunal Hearing.

 

My worry is that I will get bullied in the court hearing as I am not a very strong minded individual and even having sought legal advice they have told me that employers can say and do what they want!

 

I just want to know is a Tribunal fair and will I get an opportunity to relay and summarise circumstances of how the company has behaved in the past with other employees, name the customers etc

 

If i'm going to do this then I want to be able to articulate myself the best I can

 

Really appreciate any advice or support

 

I don't doubt what you say, but if you went to a Tribunal and relied on the list above, how would you respond if the employer's lawyers asked:

"You freely admit to falsifying information in regard of employment matters that could have gone to a Tribunal : why should the Tribunal believe you now?"

 

If you felt you had no choice but to resign and them claim constructive dismissal, it is easier to do so and be believed to do so before you have (by your own admission ) colluded to circumvent employment law.

Edited October 16, 2013 by BazzaS

[strawberry-mousse]

@renegadeimp They made an allegation for gross misconduct without providing any evidence, told me I was on gardening leave on full pay until my disciplinary hearing two days later. Attended hearing, was presented with a series of charges against me, I asked that these charges have to be presented to me before the hearing and so they adjourned the hearing pending a new date set by me.

 

Requested evidence but none was forthcoming so I responded to their allegations in writing denying everything in great detail and that I felt like I was being framed.

 

As I was scared for my job and worried about getting dismissed I decided to resign which they have accepted. I have never in my life been faced with anything like this in a career spanning 15 years and completely out of my comfort zone

[strawberry-mousse]

I don't doubt what you say, but if you went to a Tribunal and relied on the list above, how would you respond if the employer's lawyers asked:

"You freely admit to falsifying information in regard of employment matters that could have gone to a Tribunal : why should the Tribunal believe you now?"

 

If you felt you had no choice but to resign and them claim constructive dismissal, it is easier to do so and be believed to do so before you have (by your own admission ) colluded to circumvent employment law.

 

I was asked by the board members to falsify several documents. In fact one of the documents falsified for the customers was created by a shareholder of the firm with my name on the front and suggested to have been created by me, I only found out about this when the same document was used as part of an information pack.

[BazzaS]

I was asked by the board members to falsify several documents. In fact one of the documents falsified for the customers was created by a shareholder of the firm with my name on the front and suggested to have been created by me, I only found out about this when the same document was used as part of an information pack.

 

I'm confused.

Your first post gave a list of actions that you admitted you had undertaken at least some of.

 

• I have lied to customers to secure business under instruction
  
• Fabricated documentation under instruction
  
• I have been asked to find or make incriminating evidence to get someone sacked
  
• Forced to delve into electronic chats between a few co-workers to help cement the redundancy process with no HR involment
  
• Prior to out of court settlement for another collegue was asked to find information before they had to pay them off
  
• Cancelled annual leave
  
• Forced to carry over half of one years holiday into 2013
  
• Removed a group of ethnic minority from the organisation in one redundancy process
  
• Extremely rude and insulting comments towards women
  

 

Have you or have you not undertaken the actions listed in your first post which could undermine your credibility at a Tribunal ?

 

If you have, what is to stop them saying "the bad practice was the overall responsibility of one other (rouge) person, who has been disciplined. Look at the behaviour strawberry-mousse admits to: we would have had to dismiss them had they not resigned. "

If you try to claim otherwise, do you have documentary proof? Else they could say "well, how can you believe them"?

Edited October 16, 2013 by BazzaS

[renegadeimp]

You still havent answered my first post. I know its worrying but sit down, take a while and outline thing

 

 

From your post so far, the info seems erratic and some of it doesnt make much sense.

[strawberry-mousse]

I'm confused.

Your first post gave a list of actions that you admitted you had undertaken at least some of.

 

 

 

Have you or have you not undertaken the actions listed in your first post which could undermine your credibility at a Tribunal ?

 

If you have, what is to stop them saying "the bad practice was the overall responsibility of one other (rouge) person, who has been disciplined. Look at the behaviour strawberry-mousse admits to: we would have had to dismiss them had they not resigned. "

If you try to claim otherwise, do you have documentary proof? Else they could say "well, how can you believe them"?

BazzaS I have undertaken such actions on behalf of the company reluctantly from direct orders straight from the business owner for which I only had a few hours to prepare what would normally take weeks of version controlling and formal approval regarding the sensitivity and complexity of the documents. I have E-mail evidence

 

As example I had to carry on the lie to a FSA regulated client on my first week about the level of compliance that had already been suggested to them prior to my employment. I have evidence for this.

 

I would only provide allegations for which I have evidence.

 

I'm very worried about going into any detail however I did reiterate that I was reluctant to lie but I was more concerned about the consequences if I didn't oblige.

 

I brought this to the attention of HR two weeks before they surprisingly brought me into a meeting to accuse me of 'Gross misconduct'.

 

The company is under two years old

[strawberry-mousse]

You still havent answered my first post. I know its worrying but sit down, take a while and outline thing

 

 

From your post so far, the info seems erratic and some of it doesnt make much sense.

 

Apologies renegadeimp, due to the position I feel I'm in i'm finding it very difficult to articulate myself properly as this has had a major impact on my health. I feel paranoid that discussing something like this in depth on a public forum may somehow for whatever reason go back to my former employer.

 

I feel isolated and wanted some advice on the Tribunal itself and would I get the adequate time to defend myself properly.

 

All items listed were under instruction for which I have documentary evidence

[SweetLorraine]

Hi,

 

you say the company is less than two years old - how long have you worked for this organization?

[honeybee13]

Apologies renegadeimp, due to the position I feel I'm in i'm finding it very difficult to articulate myself properly as this has had a major impact on my health. I feel paranoid that discussing something like this in depth on a public forum may somehow for whatever reason go back to my former employer.

 

I feel isolated and wanted some advice on the Tribunal itself and would I get the adequate time to defend myself properly.

 

All items listed were under instruction for which I have documentary evidence

 

Hello there. I think you're doing fine. You don't need to post so much that it identifies you, we wouldn't want that.

 

It's good that you have documentary evidence, that was going to be my question. I expect more of the guys will be along later with advice for you.

 

My best, HB

[strawberry-mousse]

Hi,

 

you say the company is less than two years old - how long have you worked for this organization?

 

16 Months

[SweetLorraine]

Hi again SM,

 

From your initial post are we to understand that you have engaged in targeting BME employees for redundancy because of their ethnicity and that you have been extremely insulting to women (employees/customers)?

[Pusillanimous]

If it is a whistle-blowing situation you want to expose, I would suggest reporting it to the FSA as you state the company is regulated by them. Ask to speak to someone there in strictest confidence.

 

I would recommend you making a Tribunal claim for the constructive dismissal. Don't forget you need to spell out it is constructive dismissal in your resignation letter. You still have time to send a further letter explaining that is how you view it with reasons, but WITHOUT implicating yourself!

 

You should take legal advice first, from a local law centre or CAB.

 

You can change your mind about pursuing it at any time. (But better early than not.)

[strawberry-mousse]

Hi again SM,

 

From your initial post are we to understand that you have engaged in targeting BME employees for redundancy because of their ethnicity and that you have been extremely insulting to women (employees/customers)?

 

Not me, the company identified these employees and used redundancy process to remove 3 people all from different departments. They were also using this as an opportunity to make redundant a girl in the accounts dept who was still on maternity leave until they realised they couldn't just do that.

 

I was told on another Redundancy exercise that they were just doing this in order to get rid of one person because that person refused to make them a cup of tea!! This person was a well established member of staff who had been there since the company began trading.

 

Sorry I meant board members would make comments about women. For instance being approached by someone and being told that I must be the only women who hasn't slept with the board members or told that if I'm that good at my job I must be good at giving oral sex too (obviously i have dumbed-down the language).

 

I know some of the things sound surreal but I have never experienced anything like this.

[SweetLorraine]

Hmmm, charming people!

 

If you have resigned and now left I would hope you see that as a positive move on your part.

 

Was there a specific incident that prompted your resignation (you don't have to detail it at all) - if there was such a 'turning point' when did that act happen (approximately) and how long afterwards did you resign? I assume you have not submitted a claim to the Tribunal service yet? [i'm just checking timing issues].

[renegadeimp]

Apologies renegadeimp, due to the position I feel I'm in i'm finding it very difficult to articulate myself properly as this has had a major impact on my health. I feel paranoid that discussing something like this in depth on a public forum may somehow for whatever reason go back to my former employer.

 

I feel isolated and wanted some advice on the Tribunal itself and would I get the adequate time to defend myself properly.

 

All items listed were under instruction for which I have documentary evidence

 

Thats fine. I wasnt trying to annoy you. Im just saying that you need to sit down, and take your time to get things down. Dont rush, just take as long as you need to. We dont need specifics, but a general overview. One of the previous posters gave good advice though, regarding speaking to a solicitor who specialises in this area. Especially if you intend to 'whistle-blow'.

[strawberry-mousse]

@Pusillanimous Talk of whistle-blowing sounds like I would become the scapegoat. I know its the right thing to do ethically and morally but who would look after me it backfired?

 

I have a lawyer who is advising me and sent a 'without prejudice' mail soon after resignation to my former employer who acknowledged receipt of mail but failed to respond. My lawyer suggested that we were prepared to take this to a Tribunal for Constructive Dismissal and to the avoid litigation I would be happy to settle on x number of months pay.

 

My lawyer suggested that they would probably call our bluff as most claimants walk away and fail to make a Tribunal application due to costs and other circumstances but thankfully my parents and brother are supporting me with my bills and lawyer fees.

 

My issue is I'm getting cold feet even though my lawyer says we have a strong case but I want to make sure and get advice from an independent if I can name-drop Company names in my application to the Tribunal and given the opportunity to show various examples of treatment of staff, abusing the redundancy process and lying to several high profile customers.

[SweetLorraine]

Good, if you can afford legal representation that should see you through the vagaries of the process.

[renegadeimp]

If you were in a union, its pretty much free if the union solicitors decide if you have a valid case.

[strawberry-mousse]

Thats fine. I wasnt trying to annoy you. Im just saying that you need to sit down, and take your time to get things down. Dont rush, just take as long as you need to. We dont need specifics, but a general overview. One of the previous posters gave good advice though, regarding speaking to a solicitor who specialises in this area. Especially if you intend to 'whistle-blow'.

 

No probs renegadeimp, reading back on my own post it does look very cryptic and disjointed but I wasn't expecting to give away so much information and might ask the moderator to perhaps delete this thread later.

 

I understand now that if you are to give fair, independent advice then you need the facts in front of you just like anything else.

 

Two questions fundamentally

1. Can I put customer names in the application form for Constructive Dismissal? These are the customers we have lied to who are all regulated by the FSA.

 

2. Will I get the opportunity to summarise the type of organisation this is as part of my defence/case? Such as things mentioned by me in this thread plus other issues to help build my case?

[strawberry-mousse]

If you were in a union, its pretty much free if the union solicitors decide if you have a valid case.

 

I used to be part of Unite but when I changed companies my subscription ended. So when I went to speak to them for advice they said I would need payment to cover the two years I had missed in order to reinstate my membership. Sods law, I had membership for 6 years and never used once then this happens.

[renegadeimp]

Unite are awful. I was a rep with the tgwu for 6 years, then when they became unite, they completely changed. It was all about publicity for higher management and them trying to impose their ideas on businesses, instead of cooperating to make it a better place to work.

[Emmzzi]

is an ET fair? People who win thin it is, people who lose think it isn't.

 

I think you need to focus on what the company/ directors did to YOU and ditch the concerns on what they did to customers. Your claim is about YOU.

[san_d]

I have had no choice but to resign from my employer.

 

 

• I have lied to customers to secure business under instruction
  
• Fabricated documentation under instruction
  
• I have been asked to find or make incriminating evidence to get someone sacked
  
• Forced to delve into electronic chats between a few co-workers to help cement the redundancy process with no HR involment
  
• Prior to out of court settlement for another collegue was asked to find information before they had to pay them off
  
• Cancelled annual leave
  
• Forced to carry over half of one years holiday into 2013
  
• Removed a group of ethnic minority from the organisation in one redundancy process
  
• Extremely rude and insulting comments towards women
  

 

Can you prove that you have been forced to do this, say, under threat? If not, I am afraid you can only attempt to perform some damage limitation.

 

Quite frankly if I was you and the answer is no to the above, I wouldn't sue them, as you could end up badly hurt.