Some employment law help..

[Cookie172]

I've been suspended from my job at a college on full pay pending an investigation into alleged inappropriate language.

At the moment I've not been told why/where/who but that's obvious I suppose. I'm the 3rd member of my team now to be suspended, for various nitpicking reasons - all boils down to the new Finance Director only wanting yes men.

Was suspended on Friday, but I want to just hand my notice in tomorrow, before any of this gets started because I was planning on leaving the place anyway.

Is this do-able, or would I have to still go through the disciplinary procedures? I'm 5 months into my 6 month probation, and according to my contract I can give a weeks notice at any time.

[Scraggles]

if the contract states 1 week's notice, then that is all you need to do, might look better on a CV to have left than get fired for some excuse

[Dupont666]

try contacting richburley, he is an employment lawyer and will happily give you some advice tomorrow morning before you do anything rash.

http://www.burleyslaw.co.uk/

[Cookie172]

Scraggles said:

if the contract states 1 week's notice, then that is all you need to do, might look better on a CV to have left than get fired for some excuse

Yup that was my reasoning behind it

Can I be sacked on my notice, however?

I've also learnt through the grapevine the real reason for the disciplinary, but it's all hearsay really, no physical evidence

Edited by Cookie172 on Sunday 11th January 13:19

[pjmobile]

You should be able to leave within that 1 weeks notice and as you say they are just looking to get rid of people they would rather you left that way instead of the risk of something coming back to bite them after dismissal.

Even if they go ahead with a disciplinary they need to give you at least 24hrs notice of the hearing. They have to give you the right of representation at this meeting, so make sure you can't get your representative conveniently. Write back to them with a convenient date, which would be after your notice period has ended and you've left.

HTH

[Cookie172]

pjmobile said:

You should be able to leave within that 1 weeks notice and as you say they are just looking to get rid of people they would rather you left that way instead of the risk of something coming back to bite them after dismissal.

Even if they go ahead with a disciplinary they need to give you at least 24hrs notice of the hearing. They have to give you the right of representation at this meeting, so make sure you can't get your representative conveniently. Write back to them with a convenient date, which would be after your notice period has ended and you've left.

HTH

That doesn't sound legal

They aren't a very nice company to work for, and I believe they'd try to screw me out of as much money as possible.

That and they'll ring round job agencies trying to smear my reputation... they had 4 suits against them last year for defamation settled out of court (all employees who's face didn't fit). It's a wonder they get anyone to work for them!

[Jasandjules]

Cookie172 said:

I've been suspended from my job at a college on full pay pending an investigation into alleged inappropriate language.

At the moment I've not been told why/where/who but that's obvious I suppose. I'm the 3rd member of my team now to be suspended, for various nitpicking reasons - all boils down to the new Finance Director only wanting yes men.

Was suspended on Friday, but I want to just hand my notice in tomorrow, before any of this gets started because I was planning on leaving the place anyway.

Is this do-able, or would I have to still go through the disciplinary procedures? I'm 5 months into my 6 month probation, and according to my contract I can give a weeks notice at any time.

You are entitled to see the evidence in good time before any hearing, and know the names of any witnesses etc...

They may not accept your resignation, however it sounds like they just want shot of you so they would.

[ultegra]

Get some legal advice.

A decent solicitor should be able to convince your employer that you intend to fight this all the way to an Employment Tribunal (even if you can't actually be arsed).

Your aim should be to secure a Compromise Agreement - otherwise known as a Golden F-Off.

Edited by ultegra on Sunday 11th January 14:30

[rick.e]

One thing to bear in mind is that NO company likes to wash this sort of laundry in public. There are numerous high profile cases of behind doors settlements, and I have seen a few personally. (eg the secretary who was adding a cut onto her boss's expense claims and got away with a few k over a 5 year period. The company accepted her resignation, she kept the money, she avoided a criminal record and walked straight into a new job, while the company avoided bad publicity)

So unless your employer is a complete nutter, he would gladly accept your resignation, and you may even be able to agree a month's salary rather than only a week.

[Cookie172]

Thanks for the info guys, I'll bear this in mind

Going to ring the HR department tomorrow and see if my employer will accept my resignation

[donutsina911]

I was always told never resign as it screws you if you want to later take action against your former employer? I'd talk to an employment lawyer before chucking in your cards tomorrow (unless you've majorly fked up)

[Cookie172]

donutsina911 said:

I was always told never resign as it screws you if you want to later take action against your former employer? I'd talk to an employment lawyer before chucking in your cards tomorrow (unless you've majorly fked up)

I don't want or need to take action against them though

I've no idea what it's being alleged I've done either

[tlracing]

donutsina911 said:

I was always told never resign as it screws you if you want to later take action against your former employer? I'd talk to an employment lawyer before chucking in your cards tomorrow (unless you've majorly fked up)

+1

You have a legal right to see what's been said and to correct anything that is untrue. Your employer will have a disciplinary procedure and it is worth going along with that, even if it does seem a travesty right now.

If you do, and your are exonerated, you can then leave and - possibly - claim constructive dismissal.

Talk to a specialist, though - if you're in a union, they may have a free legal helpline.

[ultegra]

+1

Don't resign at least until you know what this is all about (they will have to discuss it with you in a preliminary meeting) AND until you have spoken to a solicitor.

[Jasandjules]

Oh, what does your contract of employment say about the disciplinary procedure as well?

You see, you can make them follow it through, and appeal, all the while looking for another job to walk into...

As I said, you are entitled to see the evidence etc. and to have this presented to you within good time before any hearing. You are entitled to know who has made the allegations against you as well.

It really depends on if you want to try and screw them for a bit more money really....

[s3fella]

Make a counter claim and allege the FD touched your arse and asked for "head" in return for a payrise or to keep your job....

I mean what have you got to lose!! !

If you work in such a PC place, then any allegations will proabaly make lots of problems for someone.

Of course it sort of depends what you have done, or did, but if you feel its all "trumped up", then play them at their own game!

[Cookie172]

Within my contract, it says, under item 17 - Probationary Period

"The Company's Disciplinary Procedure will not apply to you during your probationary period"

Can I sack them off now?

[anonymous-user]

Just remember that if you do resign, you could look at the constructive dismissal route. I.E you are resigning as you feel you have no other options. ACAS (http://www.acas.org.uk/index.aspx?articleid=1342) will give you advice.

I understand you are in probation but you still have some legal rights. I would follow the disciplinary (As long as you know you are in the clear) Possible look at joining a union as well, and fight the battle. Even if you win then you can still resign. If you lose follow the constructive dismissal route. Up to you...

Remember the company HR is there to protect the company first unofficially. This tactic of getting rid of costs, in tight times is a classic company procedure..


Sorry also, have you got evidence of your job role..weekly appraisels during probation period. Any letters/emails of good work done.These are all good to state your case..

The legal issues are after 3 months in a job you will be entitled to legal rights of employment even if you are in probation.

(I right this after 6 years manager experience and currently studying for a degree in Business management..)

Edited by jaymodunn on Sunday 11th January 20:04

[Cookie172]

Cheers Jay, but I'm not sure whether I should follow their disciplinary procedure given that it says it doesn't apply to me in my contract.

I don't know I'm in the clear, as I'm fairly sure they've overheard me say something in my office to a member of my team.

I got my first written warning about 2 months ago, for bking a member of my department after he'd utterly destroyed a laptop. Unfortunately this was all in within earshot (paperthin walls) of a manager that wouldn't piss on me if I happened to be aflame.

Just before that happened, my boss was forced out (forced to take redundancy) as the FD wanted to bring in an IT services company to run the company IT. Since I'm currently in charge of the department, but not doing the job specified in my job role (supposedly I'm purely 3rd line support there, but I only do 1st and 2nd, whilst the IT services company are now doing the 3rd) I'm fairly sure I'm being pushed too.

Infact one of the girls I work with had a phone call from the MD of the IT services company on Friday night after I'd been frogmarched off the premises saying that he'd never liked my attitude, that I wasn't suited for the role and that I was being paid too much. Naturally I can't bring any of this up, because I don't have it written down and I'm fairly sure they'd sack my co-worker too.

I just want out as quick and painlessly as possible, so I can get on with a job hunt. If they do quash this disciplinary, I can't go for job interviews as they require one months notice for annual leave, despite the fact I don't hold a teaching position.

Edited by Cookie172 on Sunday 11th January 20:14

[Bigel]

From what I know, if you quit now they would be entitled to put on any reference they give you to say that you resigned during a disciplinary process which although you may well be innocent to any prospective employer sounds like you jumped before being pushed. If I were you I'd get a lawyer and tough it out now the ball's rolling or see if you can have a "quiet" word off the record...