PLEASE HELP - MY COMPANY IS SETTING ME UP FOR THE SACK ON TRUMPED UP ACCUSATIONS - I NEED HELP !!

Discussion in 'Employment & HR' started by YORKSHIREPUDDING, May 24, 2014.

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  1. Merchant UK

    Merchant UK Verified Business ✔️

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    Now that's a result, Even with me having left jobs because of arguments etc, and getting other work in, its been better every time, Sometimes its better not to stay with a company for too long as you'll miss an opportunity for a far better position/job

    There is truth in the old saying the grass is greener, you just need to go for it and make it happen ;)
     
    Posted: Jun 7, 2014 By: Merchant UK Member since: Aug 15, 2010
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  2. Bob

    Bob UKBF Legend

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    As has been said, you will almost certainly have to sign a "settlement agreement". These were called "compromise agreements". Some general information about the agreements here
     
    Posted: Jun 7, 2014 By: Bob Member since: Jul 24, 2009
  3. YORKSHIREPUDDING

    YORKSHIREPUDDING UKBF Newcomer

    48 2
    The agreement was already typed up by them and I have it with me, they are willing to pay £400 quid solicitor bills also + glowing ref + handcuffs mean zero contact and cannot work for anybody nationwide who deliver the same services strictly for the next 6 months. They have said they want an answer for 10am Tuesday morning on the path I want to take and I must get a solicitor to cast his eyes over the agreement they typed up. I have already told them it has to be a cash settlement as I have a family to protect and they are my priority before anything, even though I would love to see them squirm in court as legally I can call the clients as witnesses. I need to bleed them for every penny they can but need a rhyme and reason for the figure I want, I already told them at the meeting there and then that £6k was a million miles away from the security I need, they smiled and said we knew you would say that so lets talk and come up with an amicable figure but not a stupid one.

    I said 11 years of my life and several million pounds worth of revenue deserves the respect with the cheque you are going to write me and they agreed !!

    My take home in the pocket pay per month of just over £2k x 6 months to cover the handcuffs they have on me, so should I say £15k and nothing less ?????
     
    Posted: Jun 7, 2014 By: YORKSHIREPUDDING Member since: May 24, 2014
  4. YORKSHIREPUDDING

    YORKSHIREPUDDING UKBF Newcomer

    48 2
    Is that a fair figure to ask for £15k ???? or should I ask for more ??? what would I win at a tribunal and how much would it cost them to defend themselves but especially if I call the clients they have supposedly interviewed in the trumped up audit, that may lose them thousands when the client sees whet they have been up to.

    Tell you the truth I want to take the money and concentrate all my time on getting another job for a proper firm and not a set of bully's like they have been. Ideally a competitor in 6 months time would be great so I can destroy them !!! or I could land a totally different brilliant job in another industry on a similar package be really happy and I have £15k in the bank ?????
     
    Posted: Jun 7, 2014 By: YORKSHIREPUDDING Member since: May 24, 2014
  5. Newchodge

    Newchodge UKBF Legend

    15,993 4,515
    If they had to give you notice to dismiss you would be entitled to at least 11 weeks' notice money. If you were made redundant you would also be entitled to 11 weeks' redundancy money, or more if you are aged over 41. That gives you 22 weeks' money as the starting point. they want to stop you working for 6 months. Does your current contract already include a 6 month restrictive covenant? If not you want substantial amount to cover your agreement to this, I would suggest opening the negotiations at 6 months' money as that is the period they are stopping you from working. So your starting pint should be 22 weeks plus 26 weeks. I suggest your fall back should be 22 weeks plus 13 weeks - a total of 35 weeks' money.
     
    Posted: Jun 8, 2014 By: Newchodge Member since: Nov 8, 2012
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  6. MY OFFICE IN CHINA

    MY OFFICE IN CHINA Full Member

    5,797 1,370
    You should have professional guidance and your counter offer should be based on your individual circumstances and not compared to other situations that are not similar.

    A few points that should be considered:

    1. Amount of years you have been employed by the company.

    2. Loyal and profitable employee throughout the term.

    3. Contract stopping you working in the same sector for a period of time as well as other restrictions.

    4. Time it will take you to find an alternative job, which gives you at least as your previous salary.

    5. They are prepared to pay to have you leave on their terms. (Which should be negotiated)

    Remember.............................You can always lower your initial proposal, so start 25% higher to where you eventually want to settle.
     
    Posted: Jun 8, 2014 By: MY OFFICE IN CHINA Member since: Nov 16, 2011
  7. patientlady

    patientlady UKBF Legend

    1,451 284
    Why are you even considering negotiating without investing a little time and money with a HR solicitor. Find out exactly what your rights are and what you are entitled to. If it was me, and had given a company 11 years of hard work and I was put in your situation I would expect no less than one years salary. £6000 is based on what?
    Out of curiosity do 'Peninsular' represent the company in question?
     
    Posted: Jun 8, 2014 By: patientlady Member since: Aug 25, 2009
  8. kelvin1950

    kelvin1950 UKBF Legend

    1,226 398
    You are joking, aren't you? He should be asking £50k and settling for £35k IMO.
     
    Posted: Jun 8, 2014 By: kelvin1950 Member since: Jul 19, 2011
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  9. Chris Ashdown

    Chris Ashdown UKBF Legend

    12,395 2,602
    Me I would ask for the full years salary and take nothing else, butbefore that I would pay one of the HR guys on here like Karl for advice, he normally works for companies but I think he also does a few employed cases

    Instant dismisal normally needs previous warnings or gross mis conduct
     
    Posted: Jun 8, 2014 By: Chris Ashdown Member since: Dec 7, 2003
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  10. Vectis

    Vectis UKBF Big Shot

    782 203
    Take advice from your solicitor - that's what you're paying him/her for.
     
    Posted: Jun 8, 2014 By: Vectis Member since: Jun 10, 2012
  11. FirstClassVirtualOffice

    FirstClassVirtualOffice UKBF Legend

    1,083 211
    They have psychologically set the rate so that you end up saying £10-15k. They aren't stupid. They know if they say £6k that you will double it (they know you have £10k ish in mind already) and they will be laughing at you falling for their trick. You need no less than the equivalent of the years salary plus whatever benefits you got such as car and pension.

    I also don't think they can stop you working nationally. If you took this to tribunal they might see it as an unfair term and is stopping you from working in the industry you know about. Any other industry will want to pay you less, at least for the first 6 months while you learn the ropes of another industry.

    I would either say £20k and a 3 month limit, or £40k and a 6 month limit, both in a 50 mile radius. Unless you aren't bothered about being in that industry that is, then accept national.

    At the minute they are trying to pull the shots by warning you not to come back with a silly offer. You can counter this by warning them not to expect you to accept a silly offer either.
     
    Posted: Jun 8, 2014 By: FirstClassVirtualOffice Member since: Nov 5, 2010
  12. Bob

    Bob UKBF Legend

    3,666 929
    Have you carried out a search at Companies House and downloaded a copy of your employer's last accounts? This might give you a clue as to what they can afford
     
    Posted: Jun 8, 2014 By: Bob Member since: Jul 24, 2009
  13. UKSBD

    UKSBD Moderator
    Verified Business ✔️

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    If it was a legitimate redundancy it would be between £5k and £7k (depending on age)
    6 month of effectively gardening leave £10k = £15 to £17k

    Push it too far and they might just waive the 6 months working for a competitor and you just end up with your £5k to £7k if you go straight in to another job.
     
    Posted: Jun 8, 2014 By: UKSBD Member since: Dec 30, 2005
  14. UKSBD

    UKSBD Moderator
    Verified Business ✔️

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    That's about the amount redundancy would be.
     
    Posted: Jun 8, 2014 By: UKSBD Member since: Dec 30, 2005
  15. patientlady

    patientlady UKBF Legend

    1,451 284
    There is too much at stake to deal with this without professional representation and I don't mean just the money. One needs to come out of this with reputation still in tact. There's no point in being unemployable at the end of this unless you start your own business of course :)
    I ditto Chris, speak to Karl ...
     
    Posted: Jun 8, 2014 By: patientlady Member since: Aug 25, 2009
  16. beasty

    beasty , Verified Business ✔️

    2,104 521

    Was going to suggest this also..

    Do not let them suggest a number YOU suggest it, it always sets the field for negotiation.. GIVE THEM A NUMBER, then move, they will pitch you at less than they are wiling to pay, give them a number!
     
    Posted: Jun 8, 2014 By: beasty Member since: Feb 4, 2013
  17. Paul Norman

    Paul Norman UKBF Legend

    3,502 1,203
    One thing that is important in the above dialogue is that you need proper legal advice here. I have no idea what the 'right' settle figure is. I have no idea what a tribunal outcome would be, beyond saying that they are VERY random, and do not easily dish out the big settlements that make the headlines.

    Speak to your solicitor. Give them the whole chapter and verse, so that they can advise you accurately.
     
    Posted: Jun 9, 2014 By: Paul Norman Member since: Apr 8, 2010
  18. Chris Ashdown

    Chris Ashdown UKBF Legend

    12,395 2,602
    This is not Redundancy as they are not cutting staff as redundancy just him

    They also cannot fire him for gross misconduct unless they have proof of something not mentioned

    At the moment i assume they have already given him reason for constructive dismissal

    They have not given him a contract

    In all the company is running without and HR conserns and is not in a strong position as i see it

    As always we only hear one side of the argument
     
    Posted: Jun 9, 2014 By: Chris Ashdown Member since: Dec 7, 2003
  19. Paul Kelly ICHYB

    Paul Kelly ICHYB Moderator
    Verified Business ✔️

    6,173 911
    If you cannot work in your industry for 6 months, ask for 6 months worth of pay i.e. £18500 + car for 6 months, plus other contributions (pension, health etc) + a goodwill gesture!

    Ask for everything you have now, as a negotiating start point.

    BTW, if you cannot trust them so far, how can you guarantee that they will give you a glowing reference?
     
    Posted: Jun 10, 2014 By: Paul Kelly ICHYB Member since: Jan 21, 2008
  20. YORKSHIREPUDDING

    YORKSHIREPUDDING UKBF Newcomer

    48 2
    All done and dusted and was signed off last Friday, can't work in the same industry in direct competition to them for 4 months, I took a £13k cheque from them with a good reference and I cannot contact any client for 12 months IF I take a job within the same industry in direct competition to them.

    The tribunal route was just bigger risk to take and I need the money to run our house for the next 6 months whilst I concentrate on getting a another job. At least I have that security now and hopefully all this will be a huge blessing in disguise.

    The disgust I have for these people I cannot put into words and I'm a great believer in karma, they will get what is coming to them one day.

    They held all the cards as the £6k was turned down I asked for £22k and gave good reason why I would need that.

    They gave me a counter offer of £13k with the handcuffs and if I did not sign with 48 hours it was pulled off the table and I would go to gross misconduct as this was their final offer.

    If I didn't have a wife and kids I think I would have done time for these b*stards !!!!
     
    Posted: Jun 16, 2014 By: YORKSHIREPUDDING Member since: May 24, 2014
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