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

[SarEl]

Yes, but this still isn't at all clear as to what you are saying happened or why it was constructive dismissal. No matter what a manager you spoke to may have mentioned, you took legal advice and I cannot ignore the fact that they said that you had a weak case.

 

proof i have in my personal possession

- 30+ written memos mentioning my medical symptom in a negative manner [handed to me over 9 month period] [possible 90 memos if i asked work for all of my work records] Did you complain about these - were grievances filed or appeals made? This happened 9 months or more ago, what did you do about it then?

- written investigations and reviews saying [not verbatim to protect identity] that they did not want me in the business If it was not verbatim - in other words it didn't say this - then does it necessarily say something that is conclusive evidence of someting unlawful?

- also statements from other stores nearby that the symptom would make it hard - impossible for them to take me on if i asked for a transfer And this may be true - I cannot say this is evidence unless I know what the basis of their assessment was.

- 5 witness interviews with colleagues noted saying how publicly how the manager wanted me out Witness statements are not evidence unless the person appears at the tribunal on your behalf - at which point they will be cross-examined

- 2 manager statements saying my name was on a hit list of people to get rid of Ditto

 

then there is the disciplinarys where one was entitled failure to follow manager tasks - if proven [manager tasks had no affect on my jobrole and had to be achieved in own time] Based on what you have said you were disciplined for having failed to carry out your duties. You had no proof you had carried out your duties - so you were found guilty on the basis of reasonable belief that you had not. This proves nothing in terms of your case.

basically to sort out symptoms in own time - yet there is no magic pill to rectify it 100% so they said i had not even tried [they have no proof i did not try and ignored the proof i did supply] I am not entirely sure what you mean here, but if you are saying that you were expected to have medical appointments in your own time then this is normal policy for employers - there is no right to time off with pay for medical appointments, whether or not there is a disability in evidence.

 

another disciplinary about possible gross misconduct where there are 25 people in department that could also have been accused as the audit trail only resulted in items being missing - no how or who - but only i was inestigated [lack of proof] As I read this your were invetsigated and no charges were brought - evidence that the employers disciplinary process worked! If they had grounds to invetsigate you (and you cannot prove that they didn't) then they have done nothing wrong - and no charges were brought so this shows that their investigation was conducted thoroughly and properly.

 

i was also taken on years ago with known medical problem and visible symptoms as part of a trial run and recruited after as my positives outweighed the negative visual impact id project towards customers I fail to see what this has to do with anything?

 

keyword to google that explains medicals - cretinism

 

but new manager ignored the trial run [not normal practice in this company to even do trial runs normally - but its noted on record that i was a special case and taken on afterwards] In what way did he ignore something that happened years ago (you said) - what happened years ago has no relevance to whatever it is you are saying about now.

manager neglected to acknowledge i have a birth defect even after [again on record] me showing google symptoms lists and doctors letter stating medical condition exists just to try getting him to understand the issue - in my early niavity that i thought he purely just didnt know me well And what did you do about this. Did you submit grievances / appeals / ask for a referall to OH...?

 

sorry i didnt wanna say too much as what i say could give away too much about identity

 

I'm sorry, but you have to realise that I have only a fraction of detail and that what you have said is often unclear. I can see none of your alleged evidence and I have no idea why you resigned rather than (it would appear) dealing with this through your employers grievance procedure. To claim constructive unfair dismissal the claimant must evidence that they had no other choice but to resign and that no other course of action was possible. Throughout such a case the burden of proof is on the employee. But even despite all this, the advice I gave you previously was based on best case scenarios - if this went to a tribunal and assuming that you win (which is against all the odds) then what you are considering claiming is wholy unrealistic and you will not get a fraction of that. There is simply no way on earth that you will be awarded loss of earnings for the rest of your life - if you have overwhelming evidence (and the solicitors you spoke to did not seem to conclude that you had, or they would have taken the case) and were very very fortunate, then the chances are that you may end up with a total amount of money that equates to a years salary or a little more - and I cannot see bright prospects of that because that is very rare.

 

If you intend to pursue this then I really see no option but to obtain legal representation. But I cannot really advise on what to claim when it is not my case.

[meekmeek]

keyword to google to understand medical condition - cretinism

 

again again again i have not filed for a tribunal i have not filed a official grievance i did not instigate anything - the employer started this off after my resignation letter

 

the legal advice i recieved in december was not based on how weak or strong my case was just the same speach its been three months your too late - plus if there was a case of constructive dismissal then there is only generally 10% chance [based on all cases not mine]

 

again again again i have not filed for a tribunal i have not filed a official grievance i did not instigate anything - the employer started this off after my resignation letter

 

thats the bit that is fishy to me and makes me wonder why after me resigning are they even bothering to waste time on this matter i have not requested anything after resignation - in my mind and also wrote on resignation letter that after being told by other stores the chances of me transfering stores was 0 and going off sick would just delay the inevitable so i resign reluctantly to finally draw a line in the sand and get my health sorted as thats the only positive way forward in my life

 

that again was my line in the sand BUT THEN THEY called me and they used the words wanting to chat - sounds like constructive dissmissal and seek financial settlement - without prompts / threats from me

 

the memos began 9 months before resignation and continued for 8.5 months [not happened and ended 9 months prior - but continual for 8-9 months]

when talking to a cofidential helpline of head office the memos were in companies eyes deemed as scraps of paper with no disciplinary value and so head office purely said to talk to the boss and discuss why he wrote them and how to deal with issues in future as its a local matter- my informal chats and handing him googled symptoms lists did not stop these memos so in the end a few of them turned into paper basketballs id just aim at the rim of a bin when handed them as the stress of recieving started getting to me

 

i have never taken time off work to see a doctor but the easiest way of explaining it without getting to personal is

managers task is for me in own time to remove a facial disfigurement as its creating a negative professional impression towards customers

of course surgury at thousands of ££ is possible but for a under £7 a hour retail worker i just used lotions and other stuff to cover up as best i could to which the disciplinary occured because i did not uphold a tom cruise- george clooney look which they then started saying is in breach of their professional image condition in the contract

[which led me onto me being taken on after a trial period with all this stuff known about but they still took me on]

 

my point being is the manager asking me to do something like above in own time that has no bearing on asking customers for cash [job role] cannot be legally allowed can it especially if they took me on with condition aking that particular condition of contract null and void in respect of me especialy after years of not having it brought up as a prblem prior to this new manager

 

to me its like telling a person in a wheelchair for life[eg paraplegic] to become a bionic man and learn to walk in their own time and then disciplined even if they showed evidence of going to doctors but still not able to walk due to be being impossible unless they a millionare to afford surgury simply because they deemed it as different

 

the gross misconduct investigation happend 3 weeks before resignation and because i knew i did not do nothing wrong and experiencing their lack of understanding or use of evidence in the manager tasks disciplinarys - it was one of the final triggers to begin writing the letter of resignation before the actual disciplinary date was set as i knew they had the verdict prepped without any evidence [stage 2 / 3 of sacking me]

 

the statements were not written by the witnesses they were done in interview-investigations by the employer after resignation [recently]

they did say how the boss did not want me in the business but i changed the ifs ands & the the's so not verbatim 100% but 90%

Edited January 16, 2011 by meekmeek

[SarEl]

I am sorry - this makes no sense, legally or otherwise. if you resigned five months ago and have not made a tribunal claim, you are out of time. I really cannot help you - if there is anyone who can it must be an employmemt lawyer able to see the case.

[honeybee13]

Meekmeek, could you remind me what the latest was from your employer please? Has anything happened since the phone call when you thought someone hinted that you might have a claim? I've lost track.

 

My best, HB

[meekmeek]

it is not out of time - grrrrrrr here we go again about the same old speach

FORGET TRIBUNALS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

FORGET TRIBUNAL TIME FRAMES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

i am not asking for advice on how to file a tribunal

again i am not looking to file a tribunal -

 

what is happening from what i can gather is there must be a fact that head office picked up that the harassment and the discrimination is enough for it to be a civil court matter if i wanted to go down that route

 

i have not asked head office to investigate - instigate anything

 

they have done this off their own back

 

like i said right now they have a investigating manager posing as a assistant manager in the store i work to monitor how the boss works and approaches staff

 

they have in december [previous thread] got me in to a informal discussion about what has been my experience of work and although it was a informal chat - a note taker was there and i was allowed to be accompanied by a colleague or union rep [i chose colleague as CAB said same out of time speach]

 

yes it is odd yes it is fishy yes its weird yes it does not make sense - hense why i am here

 

i believe its damage control - hush me up before i get well enough to come to senses to file a civil case

 

now from resignation day till the spontaneous phone call i thought that was it end of a era - onto pastures new

 

i did not contact them i never even hinted anything about tribunals or constructive dismissal and i only learned that maybe it was a civil law matter from a legal aid guy after the spontaneous phone call [that they used the words constructive dismissal and settlement] asking me to come in for the informal chat which has now led onto investigations - interviews and the covert monitoring or boss so all of this stuff has started by head office not through a request or threat from me - even today i have not even said the words civil court to them - this is just a thought in my head

 

i have kept mouth shut and left them to do watever they are doing and just emailed asking for updates sporadically nothing more - no requests to do anything - they are doing the work and just telling me it will be sorted shortly

 

but they are doing all this work all this stuff for what?? i know its weird i dont know why either i just presuming here

it coould even have been a customer petition to try getting me back as i have won alot of customers loyalty over the years [they personally ask for me when i worked there]

but again i dont know - just presuming

 

but again playing the hyperthetical game

 

-lets say they have found 9 months of harassment and insults

-lets say the interviews reveal witnesses seeing how my normal charming bubbly self has turned into a warn out stressed and agrivated person

-lets say they have seen the quick phone call to head office who said memos not a head office issue and neglected to do nothing leaving it to me to deal with boss locally

-lets say they found the 'managers tasks' disciplinarys lacked proof of failure to comply as either the tasks were not disciplinable or they did not show they stalked me to prove i didnt go to doctors and they actually seen the doctors letter i handed them confirming birth defect

 

i just looking to get some kind of answer as to what they are upto - why they doing it off their own back

and if all the facts are there and the investigator is actual defending me to get to the truth what shall i be expecting

 

please please please wipe the word tribunal out of your mind

 

replace it with - i dunno a [hush hush settlement] or something

 

but please dont say its too late to do anything blah blah blah - as i am doing nothing i wanted to do nothing its them doing it all not me - i requested nothing

 

to honeybee

as said above - they have handed to all staff at store a questionaire about appreciation at work - staff morale and some other q&a's

things slowed down obviously with xmas and new year

but since then last week they done more interviews with other assistant managers - other staff who still at store and also managers and staff whom moved on - transfered from the 2009 2010 period

 

yes another assistant manager filled a bullying grievance against my boss before i resigned as boss disliked that assistant manager - and the investigator spoke to that manager to

 

and all these chats are all about me and the boss

 

so it seems like all these investigations are based on me and not about the managers history

ie the assistant manager [that got bullied out to another store by boss] was asked how they precieve the boss and then asking about how the boss asked that assistant manager to treat me what that manager noticed about me - was treatment fair etc towards me

 

not talking about how manager treats people in general

 

so again something big must be there for them to go to this extent without me prompting it or with me resigning that should have ended it

 

every couple weeks i email the investigator whom says they still gathering evidence - doing interviews etc - and the issue will be sorted it shortly - i going to email them tomorrow for another update but i just want some insight into what possibly they found

 

if they have found all the issues i believe the manager has failed at eg

harrassment

discrimination

defamation of character

constructive dismissal

 

what should i be expecting IF AGAIN HYPERTHETICALLY they handed over a piece of paper with a ££ on it

 

i am not asking anyone to say yes demand 1,000,000

 

i would settle for far far far far far far far far far far less but just want a fair idea of the extreme possible cost to company can be so that i got some idea of what ammo to bring

 

SO has anyone seen where 2 or three acts of bad work practice has led to a compensation amount awarded that has been totaled up those multiple failings

ie [made up amounts - hyperthetical]

1000 for discrimination

1500 for harassment

1000 for personal injury - mental stress

1000 insults

totalling 4500

again is it legal to add up different categories of different human rights and working rights breaches within the set vento banding

 

yes i know even if i calculated this figure total i wont expect to get the top wack i possibly looking at 20% of top wack

 

but is it fair and right to add these financial categories up just to get to a idea of worse case for them so i know if they offer me 1000 i know that they buying me off too cheap

Edited January 17, 2011 by meekmeek

[honeybee13]

Hi Meekmeek. But it is out of time for a tribunal, isn't it? because you didn't file the ET papers within three months. I appreciate that lawyers have told you a civil case is a possibility, with a longer time limit.

 

I wasn't actually asking about tribunals, never mentioned them in post #7. I just asked what your ex-employer is doing at the moment because there are a lot of old posts that aren't all that easy to follow, so I thought I'd ask you to clarify.

 

So if I've followed all the above, your employer is still investigating, but in case they follow the same reasoning as you, you want someone to tell you what figure to hit them with if they offer to write you a cheque next time you go in. You don't seem to have been told what they're investigating and your speculation is based on a hint you think you picked up in a conversation with someone from work.

 

Wouldn't it be better to wait until you know what the position is and what they think they might have done wrong, if anything, then someone here may be able to calculate possible compensation? I just can't believe they're going to call you in for a meeting and ask how much they should write the cheque for. No-one would expect a lay person to come up with a settlement figure off the top of their head, there would be negotations and discussions over time. Any other way would be pretty unprofessional.

 

In many years of professional employment and working with HR departments who negotiate redundancies and deal with ETs, my OH and I have never come across this situation and I'm not sure SarEl has either, in all her years. I guess you could be the first.

 

Personally, I would be waiting to see what they say once the investigations, etc are over, then concentrate my efforts on a known calculation rather than fighting blind with no information to go on.

 

I don't expect you'll like this, but we seem to have been round the same loop twice now and we still don't know what your ex-employer is thinking. SarEl has told you what she thinks in employment law terms, so I guess your best hope is the civil case you decided on last time, if you can find a NWNF lawyer to take you on. They aren't going to decide this until they see what your ex-firm say.

 

My best, HB

[Ms_J]

Hi meekmeek.

 

I read both of your threads last night and my initial thought was that there is possibly more to the story than you know....Your ex-employers may have been alerted by others to the behaviour of this individual since your departure and they may possibly be using you as a pawn in their game if they have decided to get rid of this person. They might be trying to build a case against him and using you to help them.

 

I do find it very strange that they approached you and spoke about constructive dismissal etc and from what I can gather this was done when you were still within the time limits to take it to ET. Perhaps someone realised this and in a bid to try and protect themselves they decided to contact you and say that they were investigating, mention a settlement and then proceed to drag it out untill it was too late for you to submit to ET.

 

I could be completely off track here but I think it is worth considering that their motives are in covering themselves. I hope that this is not the case but I would seriously think hard about continuing to converse with them.

 

It sounds as though you have had a pretty tough time and it is not worth the heartache sometimes. You must put your health and future first.

[meekmeek]

again cheers for opinions and advice so far

 

but there is something definetly fishy happening and i thought 4-5 months ago i could put a line in the sand and forget about it and concentrate on on health by handing in the resignation letter

 

again i dont want to go to court - never asked to go to court - never threatened to go to court

 

i just find it strange that head office doing all this investigations swapping assistant managers around - travelling 50 miles from different stores to do investigations and interviews over the last few months just as a delay tactic

 

it all seems weird to me and it just playing on mind - in some ways its as stressful as still being in work - just not knowing what the situation is

 

again for them to prompt the words constructive dismissal and compensation - its all weird

 

again forgetting about it ever leading to any court case of any kind i feel like this is a hush hush payment where id have to sign a non disclosure thing - this company is really getting hit hard on the shares and any bad news will hit there shareholders

 

i just feel its more to do with avoiding bad press [as last bit they had seen a 10% share drop] but mascaraded as a dismissal investigation

 

i just dont want to be signing a non disclosure or something that reduces or prevents me from doing something in future for pennies

 

it may just be a delay tactic but usually youd see them say they investigating and 2 weeks later more delaying letters without sign of them doing work - but strange thing is they actually are doing work they are speaking to people and from all the things i have read so far from ex-colleagues that have filled me in on whats happening and the investigator - it looks like the boss has been doing some bad stuff and it all in my favour

 

so far just one example assistant manager covertly watching the boss is in receipt of £30 a day for fuel and its been 20 work days he been there so thats £600 wasted plus fuel cost for another assistant manager to go to the covert managers store [they swapped places] is another £600

 

plus all the time fellow colleagues are not working because they are being interviewed has put pressure on the stores performance and it just seems --- fishy for just a delay tactic

 

grr i just hate not knowing what cards the head office playing - they seem when talking to me like there is something worthy of a constructive dismissal to even ask me in another phone call "off the record what kind of financial settlement did i have in mind" to which i am trying to be vague and say "well i not looking for millions just something fair which we would need to discuss face to face"

 

but i just looking for some advice about what to say when this face to face finally happens

 

so far i know before a ££ is passed across table to ask them what they have found and then say from my lists

-have they read the memos mentioning my symptom negativly

-have they seen the [managers tasks] disciplinary title asking me to do non work tasks in own time

-have they seen the disciplinary hearing notes saying they basically required me to spend ££ on surgury

-have they seen they gave me a warning twice due to not doing it [hearing+appeal] although i use lotions and normal over counter stuff to show i try to make "professional image" as best i can

-have they spoke to others to verify that my personality changed purely in the 9 month period

-have they spoke to people to verify that my whole demeaner - energy levels changed over same period

 

 

all of this has been told for me to say so that if in 2 years time i still dont have a job or if in a few months time i healthy enough to want to seek a civil court case i got their nuts tight against the wall if they admit it

 

but again i have not told head office or investigators or anyone that in the future i might want to do that - i just want a line in the sand but not have my hands tide with this stuff for pennies if its worth pounds later

 

i just want to know a hyperthetical hush hush agreement settlement - forget tribunals [please think outside of the box of employee law]

 

i 4-5 months ago was ok with not recieving anything from work and just ending a era in my life and moving on - i am not a harsh person who a money grabber either i just dont want to be signing my life and freedom of speach away [if this is what card head office is playing] for pennies - i just want to know a fair and just amount

 

so again hyperthetically is it fair and just IF IF IF IF IF they admited it all could i put each offence like harassment - insults - physical injury[stress-breakdown] discrimination into separate vento bandings to get to a combined total

 

and then of course negociate it to a agreed level and if so what would be the normal level be by experience of negociations as this has never happened to me before

 

so eg would it be just and fair to say 4 breaches due to it being a lengthy onslaught [9months plus] = 120k[4x30k] and then would 5% - 20% - 60% be the usual negociated level from seral or anyones experience of doing negociations?

Edited January 17, 2011 by meekmeek

[honeybee13]

Is your hypothetical hush agreement a Compromise Agreement, do you think? I think that may be employment law still, but maybe one of the solicitors you spoke to gave you some guidance on that. As far as I'm aware, if you sign one at the employer's suggestion, you are entitled to legal advice before you sign. I don't know what the time limits are for those, someone will.

 

In my experience of the forum, hypothetical doesn't usually work very well and it's better to have some solid facts for the guys to deal with.

 

If you want advice outside the box of employment law, are you talking personal injury say, or discrimination? Did you speak to the EHRC by the way?

 

My best, HB

 

PS To answer my own point having done a quick google, a CA is for terminating employment and you don't work there any more.

Edited January 17, 2011 by honeybee13
Adding PS.

[meekmeek]

cheers again atleast thats another possible card up their sleave i can look into

 

and the hypertheticals are just that - i dont know what is in head offices mind or ever been in this situation to know what title to call this situation

 

i just wanting people to give me idea's of all possible surprises when i finally get another face to face meeting so i aint cornered and left unbalanced that i do - sign something that could tie my hands or cause future issues

 

it all seems genuine that they feel i was a loyal and hard worker but the boss made them loose a good asset that loads of customers loved [recieved lots of box of chocs and beers over the years where other stores never recieve a thing]

 

but its just all weird

 

thanks for another possible path for me to follow with the compromise agreement thing

i just want to know where i would sit or would be fair and just to request in whatever direction this leads to

 

another question if it leads to a compromise agreement - a constructive dismissal settlement or a hush hush payment can they say we offer £1k and the offer is only open for one hour for me to go to a nearby coffee shop and think about it and read paperwork

is there a allowed timescale for deciding or can they fairly make a one time offer with limited [hour] timescale for ANY end scenario

[edit added text below]

hmm i just googled CA and found it to say if the boss wanted me out badly he could have just gave me a redundacy package - but because he did not then the CA is purely a payment as if they paid me a notice period if they did make me redundant - ok so thats just over a month in wages [worse case if they denie constructive dismissal or harassment occured]

 

atleast i know another card that up their sleeve

Edited January 17, 2011 by meekmeek

[honeybee13]

It's not likely to be a compromise agreement as you've already left, meekmeek, I added a PS to my last post.

 

HB

[Atlas01]

From what I've read i'd guess your Hush Hush agreement would come to the sum total of £0.00

 

There are many more better qualified people around here who seem to lean this way and I've only ever dealt with one settlement that was not driven by an already lodged complaint at tribunal and that was a 100% simple case they knew they had lost before anything needed raising through procedure.

 

My understanding (which is ok but not expert) on time is 3 months tribunal 6 months civil in most disability related areas. If i had to give an opinion here i think your chasing shadows, your x employer is simply fobbing you off with "we are investigating" and has allowed enough time to pass to stop you legally pursuing it in any arena if you don;t act now. From what you have written they could easily argue they were being responsible and simply investigating your complaint and that end result was no evidence found.

 

 

Your legal advice is clear, just because a solicitor says "may" that's usually with a caveat that may= not worth our while or not impossible but improbable which you have read as the opposite. This also applies to you concentrating on the one solicitor who backed you instead of all the other who didn't

 

I think you have constructed a case that in your own judgement is 100% cast iron that appears on reading to be nowhere near from everyone else's view. (Due to time limits) Bringing a claim when you feel like it is alien to most people around here i'd guess, hence why it is constantly something your reminded of. (It's a touch like saying, I don't have to follow the speed limit), I also think your waiting to hear the advice you want to hear, not the advice you NEED to hear!

 

Unfortunately i've dealt with too many issues close to this where the only result is the injured party (you) ends up with it destroying their life until they let it go. I've seen similar from many people i've supported where the only thing in their heads for months on end is work issues and that is simply not healthy for anyone! From what i've read it's five months since you worked there, I'd be amazed if your old employer made any kind of offer to you, in my experience if they think you might have a case they would have been knocking on your door along time ago.

 

I'd advise you to move on and let it go personally

 

I doubt that's what you want to hear so.....

 

I'd suggest you pursue your claim in the way you feel you can NOW because i think the moment you do you will quickly find there is no way for you to get anywhere and it will save you much pain and anguish in the long run., not in 2 months or years, you'll be a basket case by then if you continue this hypothetical guessing game!

 

I put your chances at a 65k-180k settlement being around the same as me winning the lottery on saturday (and i don't buy tickets)

 

I also believe you must receive independant legal advice in any compromise agreement whether you want it or not. You employer will certainly insist.

 

(reading this back it sounds a touch harsh in response, this is not my meaning i just find bluntness the best option)

Edited January 17, 2011 by Atlas01
missed a word out

[meekmeek]

cheers all the support

 

its not that i am ignoring some peoples posts and only listening to what i want to hear

 

its just that i ignore it when people say the same old "its to late to file this or that" the reason i say i dont care is because i am not looking to file for tribunal or civil

 

i am not even pushing or demanding anything from ex-employer either

 

all i want is people to look past what procedure i could try and try and help me understand what is going on with this untitled procedure the exemployer has begun off theit own back

 

i want to draw a line in the sand in this whole thing but until this investigator finishes whatever investigations they doing i going to be pondering about it

 

what i also dont want is to go to a face to face meeting and sign something that can screw me up later and leave me unfairly left in the lurch

 

so i am looking for advice that is not talking about "is there enough evidence-time to file a case" ignore that thought path pppllleeeaaasssseeee

and advise me on possible outcomes of what this investigation might lead to

ie memos speaking of medical symptoms negativly

5+ witness interviews saying since new boss began i have noticably changed emotionally and energetically

and all the other bits covered in the last two threads

 

if it leads to nothing that then is a answer but i want multiple possible answers so i prepped either way

 

so far legal aid people and CAB WONT offer off topic advice unless it passes the "is it worth going to tribunal speach"

 

again i dont care about tribunals because i am not thinking og starting anything new i just want to get answers on CURRENT situation

 

just seems like everyone thinks tribunal is the end result for anything - where i am sure that theres other answers out there

 

djhutch u said

I've only ever dealt with one settlement that was not driven by an already lodged complaint at tribunal and that was a 100% simple case they knew they had lost before anything needed raising through procedure.

 

what was the title of that settlement - was it a pre - post termination of employment and did the employee have to sign anything within any time scales as a result of it

 

i just want to know all possible conclusions to this mysterious thing the ex employer is CURRENTLY acting on

 

every legal guy in town just wants to talk about what i could do in the future what i can file for - no real support on CURRENT problem

Edited January 17, 2011 by meekmeek

[honeybee13]

'and advise me on possible outcomes of what this investigation might lead to'

 

Oh meekmeek, please stop doing this to yourself. No-one here thinks you have a case, and of all the lawyers you saw, only one didn't say there was no case at all. He didn't say there was either.

 

As you ask, and I know you won't like this, I'll hazard a guess at where the investigation will go. On the offchance that they're playing for time, they will take a while longer, then they'll come back and say they haven't found any problems. You say you aren't asking for anything, so why on earth would they volunteer to pay you?

 

I don't think you understand the advice being given to you, sorry. I really think you should put all this behind you so it doesn't make you ill, and try to move on with your life.

 

My best, HB

[MONX]

I think what other posters are saying is they cannot give you a ball park figure of any payment due because they dont know what it would be based on if anything. Although you think it could be to do with your treatment whilst employed by them and the subsequent loss of your job, you also say that you never raised a grievance and havent or dont want to take them to an tribunal. It could be that they are investigating another member of staff and that is the reason for contacting you.

 

I think the best thing to do is wait until your employer comes back to you with something, and then seek advice. Speculation is dangerous as it can lead to dissapointment when it doesnt meet your expectations.

[meekmeek]

i am not asking for ball park figures or difinitive answers or single answers that work best in my favour i just looking door all possibilities behind as many doors as possible and what i should be looking for beyond each door

 

what i should be wary of - and if one is where i have to pluk a magical ££ out of my mind what is just and fare £

 

i thank you all for all the suggestions so far

ie

constructive dismissals

compromise agreements

nothing - zilch - zero

civil case

hush hush agreement - non disclosure

 

all i want is to know all the possible doors that may surprise me so i have a script prepped or know what to watch out for

 

yes right now i say on the nothing - zero - zilch door waiting for it to open but its easy for anyone to say forget about it and wait

 

i am already depressed and dont want a surprise to pop up that could make it worse simply because i sat back and not asked questions

 

so i just want to know all possibilities that not involve the words tribunal as that door is shut

 

but there has to be other doors i have to be wary of such as non disclosure agreements as i know saying my story to the newspapers [which personally i wont do] will affect companies share price [it has before]

 

i just want to know what to watch out for

 

right now i feel like i am in a field and there are 5 paths 1 leads to pastures new and forgetting whats behind me i just dont want to realise later that the same door just leads to problems i could have avoided by preparing self

 

right now i would be happy with walking away with nothing - but right now ex employer is doing something and i want to be prepped for it and not be waiting at the pastures new door and suddenly see 2 other doors open

 

yes its easy to say wait it out dont worry about it

 

but i am a person that likes to know secrets before they are public so that i know i aint being fobbed off or being led down a path leading to quicksand

 

again thanks for support so far but please avoid tribunal speaches or give up options i know djhutch and sarel have experience of settlements for different things and just want to have all my cards decked and not be the handed the joker card simply because i gave up learning the game they playing

 

to honeybee

the solicitors i spoke to didnt even get to listen or read the paperwork that i have as all they asked what date of resignation and BAM sorry its not worth there time no chance of a tribunal so end if

 

again i have found lack of advice as everyone has a neon word tribunal attached to there heads

 

i just want people to write down the word tribunal - screw it up and burn it

 

and then concentrate on the memos witnesses and covert spying CURRENTLY happening to help me prep for whatever door may open

Edited January 17, 2011 by meekmeek

[elpulpo]

I think that people are at a complete loss to give you advice here, MeekMeek, because the situation is just so unusual. All I can say is, if your former employer approaches you with a view to paying you a large sum of money (and, pardon me being flippant/snide, but I think there's more chance of 17 million monkeys spontaneously flying out of my bum; given that you're not even litigating against them nor have any reasonable prospect of doing so), then say that you can't give a reply to their offer until you've sought legal advice.

[meekmeek]

well looks like the answer to this and everyones post should be if its not a tribunal wait and see

 

well i will wait and see and then when all doors are open if any then i should just pick one blind folded and blame myself for the path it leads to

 

i truly am greatful i just wanted to be prepped before the situation concludes itself

 

just thought it best to ask advice before hand

 

looks as though anything later in life like car accidents - speeding - murder - theft any legal support anyone ever needs seems that its best to sit there say nothing and let it play out - dont defend self dont prepare self just sit and wait

 

sorry i not mean it disrespectfully i just not a legal person myself and it looks like people only want to help if its gonna end with a tribunal

 

i know there are other possibilities out there but this is me giving up

 

i tried to ask the questions i have took on board the 4 possible doors and yes i am stood at the door leading to the zero payout and forget the past and move on

 

i was just hoping for some hypertheticals and some ifs but hey lets not prep for ifs lets just play it blind

 

END OF THREAD

[honeybee13]

Well, I think that might be for the best. Tbh, I was losing the will to carry on answering the same questions rephrased in nearly every post. It's a shame we couldn't come up with the answers meekmeek wanted to hear, but there's usually a reason for that.

 

Meekmeek, please feel free to come back to us when you can give us something concrete to go on.

 

My best, HB

[Mash It Up Harry]

Meekmeek, please feel free to come back to us when you can give us something concrete to go on.

 

Or plausible.

[meekmeek]

concrete

 

well memos 30-90 insulting my medical symptoms negatively

interview notes of assistant managers saying i was on a hit list

interviews with staff that show negative interactions from boss toward me

interviews with staff that show a change from bubbly to depressed only since boss started working there

 

disciplinarys asking to perform tasks in personal time based on medical symptoms that wont financially benefit company or make me more productive for the business

disciplinary notes for titles of [failure to comply if proven] showing me attending with lotions and doctors notes - all ignored to get to same verdict

 

again i am not asking for anything related to filing any future cases i just want to know all possible doors when the investigations conclude

 

i am sat at the door that says nothing zilch move on

 

i just dont want a surprise door that says hyperthetically i have to sign this or to be free of contract as they decided to not terminate contract it wil cost me xx due to business costs i caused by leaving without notice

 

i have recieved my p45 p60 so is that last hyperthical a impossibility

 

the concrete will only truly be shown on the day they show me the door but i just want some ideas of the different possible sand water and mortar powder possibilities so that i prepped with whatever concrete is made

[jonnycooper]

This is my own personal take.

 

An employer or in this case an ex-employer will pay the minimum amount that they can. In this instance, as you have confirmed you have no interest in making a claim, your ex-employer has no need to make any payment to you. It is unlikely that an offer will be made off of their own backs...

 

Why pay any money, when they don't have too ?

[meekmeek]

that is true - but i have not mentioned that i would or would not file a civil case - in my mind i want to draw a line in the sand but - i just biting lip and not saying anything to them -

 

yet they doing all this work - and its just weird -- why would they

 

they have never before done all these investigations all aimed at fact finding about any ex employee who has resigned before in the years of experience i have worked there

 

so something is different - something is fishy

 

but hey looks like i got to wait

 

can anyone please please please atleast answer this then

 

i am again sat at the door leading to zero - zilch but if another door opened yes if if if is there any time that they can say this is a one time offer you cant think about it take it or leave it - or is there some right i have about allowing me time to think about it to then come here with the concrete

[SarEl]

Notwithstanding the fact that I do not believe you have a case in civil law either - so it becomes rather moot - then not unless they offer a compromise agreement. In which case you must by law have indeoendant legal advice before you sign it. But I think the prospects of any offer are unlikely. I believe you must put this behind you and move on - the amount of energy you are devoting to something that hasn't happened and probably won't cannot be good for you.

[honeybee13]

Hi meekmeek. When I said come back with something concrete, I meant an offer from your ex-employer if and when it happens in the future, for the record, not some option currently in your head that you probably don't have. I'm really sorry to say this yet again.

 

My best, B