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

[PriorityOne]

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

Well.... no update.... still waiting for approval.

Presumably, they will need to make a decision one way or another before the end of this month though because I'm still on the payroll!

[tastyjane]

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

Right been thinking about this all night (sad person that I am) - what can happen here - they carry on dragging their heels and you are paid for your January pay, I know this is stressful but in reality this means you get an additional months money off them and you are the winner - they will still have to pay you the same settlement amount even if its into February. I know you want it all signed off and sorted and obviously that would be the best for your health but should it continue to drag you will ultimately be better off financially.

Jane x

[oscar]

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

Was going to suggest exactly the same last night, but wasn't sure if I would be correct or not!

[tastyjane]

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

took me a bottle of wine to myself to think about it Oscar

Jane x

[PriorityOne]

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

i know what you're saying..... but they're not budging from the termination date being 31st December 2014 (according to the union person anyway). So..... if I get paid at the end of January, what happens then?

I get the impression that this will get dragged out until just before the end of the month, so they can just pay the same settlement without honouring my sick pay for January. When I raised the issue of changing the termination date with the union person, she was adamant that it could not be changed. The neutral path she is walking with this is almost amusing at times and I know I've tested her patience at times but hey ho.... lol.

I could always delay signing anything until my January sick pay is credited on 26th.... but I will be fuming if the settlement is reduced to take account of it...... and then there's the argument that if they can adjust the settlement so easily, then why not the termination date?

The main reason I want this sorted now is because I've been offered another job. It's not as much pay (or responsibility) but with the settlement, I can take it and build from there..... I am hoping to be free to do this in February. If the paperwork doesn't get signed beforehand though, then I'll have to stall for a start date as I'm not leaving with nothing. If the worst comes to the worst however, I'll just have to tell the new people the truth..... They're certainly much more approachable than my current lot!

[tastyjane]

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

What a load of tosh.... to be honest your termination date has already changed - you have not been terminated (thank god ) and its now the 10th January... you haven't received any formal letters have you? I am assuming that as the settlement is pending approval then you haven't had your contract terminated? Dates will be agreed once the paperwork is exchanged (they should play a fixed fee for your to consult a solicitor before you sign a settlement agreement) Honestly my lovely your union appear to be completely bonkers!

Jane x

[PriorityOne]

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

What a load of tosh.... to be honest your termination date has already changed - you have not been terminated (thank god ) and its now the 10th January... you haven't received any formal letters have you? I am assuming that as the settlement is pending approval then you haven't had your contract terminated? Dates will be agreed once the paperwork is exchanged (they should play a fixed fee for your to consult a solicitor before you sign a settlement agreement) Honestly my lovely your union appear to be completely bonkers!

Jane x

Well, that's what she's been saying. It's 31st December 2014; now a retrospective termination date and settlement pending approval by the big wigs. Legal paperwork will be forwarded to her along with the reference that my employer is currently drawing up. There's been no talk about paying for a solicitor whatsoever..... and I haven't signed anything, no. I did say about the termination date being changed to reflect the fact that a further sick note had gone in that took me up to 31st January.... but she said that the termination date would not be changed. I'm starting to wonder who's interests are being protected here..... but did email to her to say that they needed to get a wriggle on because I'm still on the payroll. Didn't get a response to that one.

I agree with you.... it's complete tosh..... and if it gets to the end of January and my salary has been stopped pending a hypothetical approval, I'll be fuming.

I'm thinking got drafting another email to let her know that the whole thing stinks...... but will leave things another week, I think..... and go from there.

[SXGuy]

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

Your union rep sounds more like the HR Department lol

[PriorityOne]

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

Your union rep sounds more like the HR Department lol

Yeah.... I'm beginning to wonder myself. It's now a retrospective termination date by nearly a fortnight.

[PriorityOne]

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

Ok.... have just re-read through some correspondence and if it's approved, the settlement should get paid on my normal salary date. If that's the case, all will be ok..... but if approval is not given in time, then I will expect to be paid in accordance with the sick note that's been submitted.

Let's sees how things pan out next week......

[PriorityOne]

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

Ok.... it's still not been approved and the union person is perplexed by this as well now as settlements are normally either approved or not fairly quickly.

A number of scenarios might develop from this (apparently):

1) They leave things right up until the end of January, so the settlement goes through and they don't have to honour sick pay for this month.
2) The January salary goes through and it's then put to me that the settlement amount is reduced by the same.
3) The January payment goes through..... and the settlement is taxed instead.
4) The settlement is refused and I either accept the lower offer or, continue with sick pay for a further 6 months. This would be on full pay because it's now been classed as an industrial injury (which is a strength in my argument).

I have already decided..... that if the January payment goes through, I will not accept a settlement reduction to take account of that and it will need to stay tax free. It was also pointed out that correspondence from Head Office has all been Without Prejudice so could not be used to argue that the delay has contributed to stress/anxiety BUT.... I pointed out the delay in agreeing anything one way or another would speak for itself.

So.... we're still at stalemate, so let's see what happens now.

[tastyjane]

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

Sorry its taken a while to get to this ..... had a nice conclusion to a tribunal issue at work today so I may have had a couple of glasses of wine to celebrate

This is the most unprofessional approach - in my humble opinion if the settlement is offered then it will only stand when the agreement is signed - up to that point you are employed - either receiving a salary or sick pay depending on the circumstances - I wonder what grounds the union feel the options they offer are based on? Not best practice that's for sure!

I don't blame you honey - why should you agree to a reduced payment due to their inefficiencies? I will watch with interest as to when and what is presented to you - speak to me before you agree to anything please xxxx

Jane x

PS employee we dismissed for gross misconduct has withdrawn his tribunal case today at the 11th hour! He was guilty, we caught him out but he was a narcissist and wouldn't accept he couldn't do what he wanted - today I was vindicated I am so bloody delighted!

[oscar]

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

PS employee we dismissed for gross misconduct has withdrawn his tribunal case today at the 11th hour! He was guilty, we caught him out but he was a narcissist and wouldn't accept he couldn't do what he wanted - today I was vindicated I am so bloody delighted!

Assume he didn't have to pay the fee for some reason then??

Surely he wouldn't waste £1200 like that?

[cymruambyth]

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

Well done Jane.

[tastyjane]

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

Oh he did I have great delight in saying that ...... the man was a compulsive liar and a bully

Jane x