UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know how long have you worked there for?
Hi Ben. I've worked there for 15 years.
When you try to agree on a compromise agreement it is essentially down to you and the employer to agree on the terms which were in it and neither party has to sign it unless they were happy with it. That could unfortunately create a stalemate situation where neither party is happy with what has been agreed and refuse to sign it. That is their right however and if that is the case and no agreement is reached then the employer can then continue with any procedure they were involved in before the negotiations for the CA began.So if you were the subject of a disciplinary procedure the employer can continue with that but as you are protected against unfair dismissal they would need to show that there was a fair reason for dismissing you and also that a fair procedure had been followed.
Misconduct is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time.
In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:
If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal
Thanks. I am really wondering what my current employment status is now that the company has announced that I no longer work for them (and they were specific that 30th April was my last day). Can I assume I have effectively been dismissed?
you can do if it was made clear to you that you no longer worked for them and have not been required to do any work for them since the alleged dismissal date
I've been suspended, and not had any communication from the company since the letter suspending me. Several of my colleagues contacted me yesterday to let me know what they had been told by the Director in various special meetings called to inform the staff team. Do you think that is sufficient grounds for me to bring an unfair dismissal claim?
have you been told directly that you have had your employment terminated?
I would be careful about this as you are relying on word of mouth at the moment and unless you have been told directly then hold off until you have more concrete proof
That's understood. Thanks for your time.
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