sack on the spot

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cerrito

Free Member
Jun 19, 2013
12
7
Camden, London
Hi and thanks a lot for all this great comments. A friend of mine has a contractual lawyer friend who remember me from some time ago. She kindly looked at it, she cleaned it up for me. She said that from what she seen, they want to get their money back if they pay me settlement before court and also that they were trying to make it all agains me. They tried to say that the contract was verbal agreement and she corrected all this to say that both parties agree to so and so...

She have said that some of the things we removed were detrimental to me and that if the company has ended the contract a month ago it is not up to them to tell me when I should find employment.

Life experience!
 
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Not sure on this one, but thought one of the employment specialists on here had said that if the employer wants you to sign a legal document you are entitled to have an independant solicitor look it over for you at their cost.


The above is correct, when a Compromise Agreement is written, the employer will cover your solicitor costs.

For compromise (now known as settlement) agreements, employees have to receive independent advice on these. This is not optional.

While it is customary, there is absolutely no obligation for an employer to pay for the legal advice on a settlement agreement, but if they do, they can agree how much will be paid - £500-£1,000 is average, but anything from £250 - to £4,000 (or whatever can be agreed) is possible, particularly if there is more than a quick advisory, but some negotiation on the final terms.


Karl Limpert
 
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cerrito

Free Member
Jun 19, 2013
12
7
Camden, London
Tricky situation.

As I mention before, my employer sent the document stating that they will pay the money we agreed only if I didn't have a job now or at the time of signing the agreement or in the near future.

To this I replied that they couldn't do that. If they have stipulated in the agreement that my contract with them ended on the 2nd of August. What I did after that has nothing to do with them.

My question now is this, If let say I go to tribunal and they asked me what have I been doing to get a job and I prove to them that I have been active seeking work and that I had an offer and this was given to me on the basis that I given my new employer a clean reference and because my employer didn't provide this I was not able to get the job. What will it happened?

The reason I am saying this is because, in effect I started looking for work and as with the current employment situation I did not expect to get a new job but I have been offered the job today pending the reference, the employer contacted my manager for this reference which I believe they were going to give but they haven't.

Now the organisation employing me have told me after I explain I bit about the situation that the offer still stands if I get the clean reference from my old employer by this Friday, which I don't see it happening.

What I am guessing needs to happen in here is that I need to contact my old employer and say, ok. I will drop the court case because I now have employment but before I do this I need a clean employment reference from you and be done with it.

If I don't get the job because I didn't do this last thing. will the case go agains me?

For what I can see, my old employer received the request from my new employer requesting the reference and then my old employer though 'well she now is going to have a job I don't need to give her the money'.

What are your views.
 
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Newchodge

Business Member
Nov 8, 2012
16,221
4,584
Newcastle
None of this will have any effect on your tribunal case, except that your compensation would have ended if you had got a job.

Have you considered showing your new employer the COT 3 reference and explaining to them what it is?
 
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cerrito

Free Member
Jun 19, 2013
12
7
Camden, London
I am sure Karl will offer better advice, but why not offer your new employer a weeks free trial since you are unable to get a reference, and still get what your due from the old employer?

Hi TotallySport, I did offered my new employer to work for them for a full month as my trial period but they said no, they are a charitable organisation and they get money for the employment I will get.

They also said they need the person urgently and they want me committed.
 
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cerrito

Free Member
Jun 19, 2013
12
7
Camden, London
None of this will have any effect on your tribunal case, except that your compensation would have ended if you had got a job.

Have you considered showing your new employer the COT 3 reference and explaining to them what it is?

Hi Newchodge,

I did tell them about the letter I will be getting but they want it from my employer this Friday.

I have written to my employer and I am not sure if I have messed up. I wrote saying that I understand that an organisation has requested a reference letter and I need this to be sent as soon as possible as the offer is pending upon the reference letter and if I don't get the job because she failed to provide my prospect employer with this letter and as a consequence I don't get the job and if we go to tribunal I will bring this up in court.

Thanks for you comment.
 
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Newchodge

Business Member
Nov 8, 2012
16,221
4,584
Newcastle
Hi Newchodge,

I did tell them about the letter I will be getting but they want it from my employer this Friday.

I have written to my employer and I am not sure if I have messed up. I wrote saying that I understand that an organisation has requested a reference letter and I need this to be sent as soon as possible as the offer is pending upon the reference letter and if I don't get the job because she failed to provide my prospect employer with this letter and as a consequence I don't get the job and if we go to tribunal I will bring this up in court.

Thanks for you comment.

There is nothing wrong in telling your ex-employer this.

The tribunal has 2 separate phases, although they are often both heard together.

The first is whether your employer dismissed you fairly. This is based on how they dismissed you and whether they had information available to them when they made the decision which gave them cause to dismiss. Failing to give a reference and the subsequent loss of a potential job has no bearing on this.

The second phase looks at compensation. Part of the compensation calculation is based on loss of future earnings. If you start a new job your future loss has ended. If you haven't found a job (and can prove you have been trying) then your future loss continues, so your ex-employer will have to pay more.
 
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kulture

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Aug 11, 2007
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There is nothing wrong in telling your ex-employer this.........


The second phase looks at compensation. Part of the compensation calculation is based on loss of future earnings. If you start a new job your future loss has ended. If you haven't found a job (and can prove you have been trying) then your future loss continues, so your ex-employer will have to pay more.

If you loose the new job due to the lack of a reference from the previous employer, then no doubt this loss will be reflected in the compensation too. It is definitely in your ex employers interests to give you a reference ASAP.
 
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cerrito

Free Member
Jun 19, 2013
12
7
Camden, London
Hi all and again I want to thank everybody who have helped me so far wit this.

I am at the moment waiting for my ex-employers solicitors to get back to me with a reply to the changes I made to the Cot3 document. Today, I called ACAS and she told me that she can't see my employer agreeing to the changes.

Second thing is that I didn't expect the hearing to be so soon and I need to start completing documents. I now have to declare loses, and my question here is that from the day I was unfairly sacked I was sent sick by the doctor and since then I have been sick for two months. The 2 months I sent my sick note to the employer I have been getting the minimum statutory pay, in August my doctor examine me and gave me a sick note but I didn't sent this because the agreement for ending my employment is dated 2nd of August.

I don't think I can claim for the sick period, is this correct? can I claim for August?

And even thought the new employer has offered me the job this has not been confirmed in writing so by the time I do the expenses and send to my old employer I won't know if I am employed or not. So, shall I include lost of earnings for not having a job?

Many thanks for your replies
 
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cerrito

Free Member
Jun 19, 2013
12
7
Camden, London
I am back in here to thank all of you who kindly help me through this difficult time.

I have finalised my employment issue with my employer and all came to a final ACAS agreement and settlement.

I have also started my new job and its going great! my self steam was damage but I am hoping to put it all behind and embrace the change as a positive outcome.
:)
 
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