Work have pulled a fast one here.....

[PriorityOne]

Re: Work have pulled a fast one here.....

Hopefully this will be an early Christmas present and at long last this can be resolved.

Thanks Cym..... I'm off to the GP shortly to cover myself, just in case it all goes tits up though.

[cymruambyth]

Re: Work have pulled a fast one here.....

Hopefully this will be an early Christmas present and at long last this can be resolved.

[PriorityOne]

Re: Work have pulled a fast one here.....

Ok.... They've increased the offer and it's a final one; tax free..... but it needs to go before my boss's boss to be approved. It will also include a good reference and my time off won't be classed as sickness but as an industrial injury..... so it won't reflect badly on my work record.

It's not the full amount I was after but that was set high in the expectation that I would be knocked down...... If I reject this offer, I'm looking at going down the grievance route and dragging things out for months which I don't really want to do, so I've decided to accept (pending approval by the boss's boss).

I think it's (nearly) over..... but will update you all when I get proper confirmation of the offer.

Thanks so much for your help on this Jane.....

[IF]

Re: Work have pulled a fast one here.....

Right.... I've re-worded it to take some of your comments on board Jane and will email the union person later tonight.

Wish me luck!

I have my fingers crossed for you P1

Jane you're a star

[PriorityOne]

Re: Work have pulled a fast one here.....

I've pm'd you lovely - you should be proud of yourself, an excellent email if that doesn't make him squirm I don't know what will

Let's just hope your union rep is strong enough to push this for you. If you don't get the desired effect with their involvement then there is nothing to stop you dealing with them direct - I'll help whereI can.

Jane x

Thanks Jane - you're an absolute star!!! xxx

[tastyjane]

Re: Work have pulled a fast one here.....

I've pm'd you lovely - you should be proud of yourself, an excellent email if that doesn't make him squirm I don't know what will

Let's just hope your union rep is strong enough to push this for you. If you don't get the desired effect with their involvement then there is nothing to stop you dealing with them direct - I'll help whereI can.

Jane x

[PriorityOne]

Re: Work have pulled a fast one here.....

Right.... I've re-worded it to take some of your comments on board Jane and will email the union person later tonight.

Wish me luck!

[PriorityOne]

Re: Work have pulled a fast one here.....

Thanks so much Jane....

He's not advertising my actual job role..... but that's what I was doing because there was no-one paid to do it. It was crafty on his part.... because my job description was nothing like I was actually doing! I'm cross because he should have advertised that role when I first told him I was burning out, to take some of the pressure from me. I requested a meeting to discuss it and was fobbed off. I emailed again at the beginning of this September but the idea that my workload was too high was dismissed.

I've drafted out an email to send to the union person which I'll message over if that's ok Jane..... The union was almost justifying that offer to me this morning.....

[oscar]

Re: Work have pulled a fast one here.....

Sounds good to me!

Could have done with advice to your level (nearly) 5 years ago!

[tastyjane]

Re: Work have pulled a fast one here.....

OK, first things first, you are right this is negotiation and its their opening offer.... you are not obligated to take it. Secondly, is it your job they are advertising? This is important - if you can prove they are advertising your role whilst you are still in post, albeit signed off sick if they are not advertising it as temporary then they have just made a big boob They have constructively dismissed you.....

So they open with your remaining sick pay - you go back and detail that you believe they are advertising your role before you have had a chance to consider all your options and whilst you are under the care of occupational health and a sick note. I would be inclined to go back with a counteroffer of their £8K listing it as your remaining sick pay - and a settlement payment to avoid you taking them to tribunal for constructive dismissal, with a nominal amount added for the distress they have caused due to their lack of management. Start high - they can then knock you down but if you list it as two separate amounts they would be hard pressed to reduce their original offer.

So you need to think hard as to what you think is reasonable as a lump sum settlement - if it was me I would think a further 3 months gross pay would be reasonable to be paid free of tax and Ni and then in addition I would add the enhanced payment (if that is listed in the job ad) for the role you have been doing for the months you have been doing it - so say it was an additional £300 a month you have been doing this for 12 months I would list the calculatioin £300 x 12 = £3600 to bring you up to the correct backdated pay rate. Do you know if other people carrying out this role in the same education authority would get this enhancement? (equal pay issues ).

Obviously I don't know the exact figures you are looking at but I think you should be looking nearer £20K than £8K.

Shout if you need me.

Jane x

[PriorityOne]

Re: Work have pulled a fast one here.....

Ok.... this one's for Jane when she logs back in....

I've sat and thought about the offer and have done some calculations. It would appear that the offer equates to the precise net amount I would be entitled to if sick pay continued through to exhaustion. No consideration has been given to the work-based stress caused by having additional responsibilities given to me over a long period of time and/or, my boss being well aware of the stress caused by work overload, student behaviour and/or a psychologist's report diagnosing me with an acute stress disorder.

The boss is now advertising a post which carries an additional TLR 2a payment in recognition of someone else taking on these responsibilities. This may or not have something to do with an advisor being sent into the school for two days last week to observe classes and make recommendations.

In light of this, I would like to push for the offer to be increased as some kind of compensation for the injustice and subsequent illness that has followed..... and for not going ahead with a grievance. If not, I feel that I have no alternative but to raise a formal grievance to include this latter incident as well.

I need to know if I have a realistic chance of pulling this off or not.... Can he withdraw that offer? If so, where would that leave me? My gut reaction tells me I have nothing to lose by pushing for an increase as there's nothing to state it's a "final" offer..... but I need to get the grounds for that increase worded properly before emailing my union again.

Why the hell hasn't the union spotted this anyway?! No need to answer..... I've worked that out already.....

[PriorityOne]

Re: Work have pulled a fast one here.....

Why?

Have you been reduced to taking in washing?

I wouldn't wash his pants for anything CC..... lol

[CleverClogs (RIP)]

Re: Work have pulled a fast one here.....

The beauty of negotiations now is that they all have to be in email form, so he might shit his pants if I'm lucky....

Why?

Have you been reduced to taking in washing?

[PriorityOne]

Re: Work have pulled a fast one here.....

Ouch. This is way out of my knowledge, you need Jane back! There may be something to do with constructive dismissal. You boss is a ******. Have you spoken to an employment lawyer? You need to play hardball, just within the rules.

I've not spoken to an employment solicitor because of the 3 month rule about bringing any action. Also, I was hoping not to have to drag this out legally anyway....

I want him to increase that offer in consideration of the extra I should have got for 2 years, so I'll need to go off and work that out so that the union person can get back in touch with him. The beauty of negotiations now is that they all have to be in email form, so he might shit his pants if I'm lucky....

[cymruambyth]

Re: Work have pulled a fast one here.....

Ouch. This is way out of my knowledge, you need Jane back! There may be something to do with constructive dismissal. You boss is a ******. Have you spoken to an employment lawyer? You need to play hardball, just within the rules.