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Need urgent advice - work, settlement, honesty and the future

addlestones

Hi

I've been offered a large sum of money to leave the company I love and truthfully don't want to leave. I have an outside union rep who has recently sent an email outlining my options:

Option A Continue working for the company under the constant threat of process hanging over me. The final written warning for my sickness record being one misconduct away from dismissal. I was recently admitted to casualty due to severe pain from a kidney stone at 4 am and was released from the hospital after being given various drugs including morphine at 1 pm and I was at work at 2 pm. There is also a process HR has said they would take me down in terms of conduct, basically, I sneeze in the wrong direction and I'm in trouble.

Option B Take the money and explore a new life where everything will be rosy and jolly and I'll find work tomorrow!!

I don't know where to turn or what to do. I was told about this yesterday and MUST make a decision by Friday.

I love the company and it isn't bad but I am in a bad situation where many people have told mistruths and I have been caught in the cross fire.

PLEASE, SOMEONE, HELP ME

Parents

  • I am a union rep as well as being autistic.

    And i am going through the same as you apart from I actually hate the company and what it stands for - but that is another story!

    Regarding severance pay, that will have all sorts of conditions attached to stop you talking about it to other people and rocking the boat.  It was introduced as a way of getting rid of people without the expense and inconvenience of an industrial tribunal.  Basically, they want to dismiss you and are on a bit of shaky ground.

    But if you refuse this payment, the payment in an industrial tribunal will be far less even if you win.  They will say they offered you so much and your refused, that your performance was not satisfactory and all the usual bull. 

    However ... this does not mean they can discriminate against you.  Discrimination cannot be 'bought off' and I believe even if you accepted the money you may have a case under the equality act in an industrial tribunal for the company to award you extra compensation, this would preferably be before you accept an offer for leaving but it should be possible even if you have ... and this can be increased from the normal amount because they have not followed ACAS guidelines.  You need legal advice over this and your union should be able to put you in touch with the union solicitors who specialise in such matters (this should be included in your union membership and you will not pay nor will they take any money from your award).

    Check up your union online and see what solicitors that your membership would include for members - my union uses Thompsons - and ring them on Monday first thing.  You should be able to get some immediate advice from them.  The solicitors will be a specialist. Explain you are autistic, that you have some problems with social understanding etc, etc, 

    And I cannot believe that your rep thinks your autism has nothing to do with it - I assume your company is aware of your autism?  Your autism is everything to do with this, it is a mental impairment as recognised by the Equality Act 2010 and the firm should make 'reasonable adjustments'.  And what is reasonable is not for the firm nor you for that matter to decide.  Ultimately it is for an Industrial tribunal to decide.

    Don't be under any misapprehension over any of this.  They will try to find a way to dismiss you if you refuse the payment  And it is the firm that is offering you the payment, however much you enjoy working with them they are treating you in an utterly deplorable way.

    I hope it all goes well for you.

    In my case I am being offered an inadequate sum of money especially since my age will make it unlikely to get a job.  Just when I am at the age when I should be able to be looking forward to my retirement with having paid off my mortgage, (which would be in two years at current rate) I am offered a payment which could mean my residence is repossessed. 

    Such is a caring company as they like to think of themselves

Reply

  • I am a union rep as well as being autistic.

    And i am going through the same as you apart from I actually hate the company and what it stands for - but that is another story!

    Regarding severance pay, that will have all sorts of conditions attached to stop you talking about it to other people and rocking the boat.  It was introduced as a way of getting rid of people without the expense and inconvenience of an industrial tribunal.  Basically, they want to dismiss you and are on a bit of shaky ground.

    But if you refuse this payment, the payment in an industrial tribunal will be far less even if you win.  They will say they offered you so much and your refused, that your performance was not satisfactory and all the usual bull. 

    However ... this does not mean they can discriminate against you.  Discrimination cannot be 'bought off' and I believe even if you accepted the money you may have a case under the equality act in an industrial tribunal for the company to award you extra compensation, this would preferably be before you accept an offer for leaving but it should be possible even if you have ... and this can be increased from the normal amount because they have not followed ACAS guidelines.  You need legal advice over this and your union should be able to put you in touch with the union solicitors who specialise in such matters (this should be included in your union membership and you will not pay nor will they take any money from your award).

    Check up your union online and see what solicitors that your membership would include for members - my union uses Thompsons - and ring them on Monday first thing.  You should be able to get some immediate advice from them.  The solicitors will be a specialist. Explain you are autistic, that you have some problems with social understanding etc, etc, 

    And I cannot believe that your rep thinks your autism has nothing to do with it - I assume your company is aware of your autism?  Your autism is everything to do with this, it is a mental impairment as recognised by the Equality Act 2010 and the firm should make 'reasonable adjustments'.  And what is reasonable is not for the firm nor you for that matter to decide.  Ultimately it is for an Industrial tribunal to decide.

    Don't be under any misapprehension over any of this.  They will try to find a way to dismiss you if you refuse the payment  And it is the firm that is offering you the payment, however much you enjoy working with them they are treating you in an utterly deplorable way.

    I hope it all goes well for you.

    In my case I am being offered an inadequate sum of money especially since my age will make it unlikely to get a job.  Just when I am at the age when I should be able to be looking forward to my retirement with having paid off my mortgage, (which would be in two years at current rate) I am offered a payment which could mean my residence is repossessed. 

    Such is a caring company as they like to think of themselves

Children
  • in reply to Trainspotter

    I've written and re-written my email to the solicitor. I've included my autism diagnosis report, evidence of management falsification of documents and the photo I took of the writing on the whiteboard because someone wrote they were proud they hadn't killed me. My problem is I care about others so much more than myself and don't have a care about money but know I have to be realistic which makes me feel so overwhelmed. 

    I haven't sent the email as I'm not 100% with it. My depression has intensified due to the situation I've been put in and spent most of the day in bed again trapped under the duvet. It is going to be a long night but I will press the send button for this email.

    I hope your situation resolves itself Trainspotter