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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, I am facing a discipline procedure at work (making accusations

Resolved Question:

, I am facing a discipline procedure at work (making accusations that are not true) which has left me feeling unable to return to the company if/when I am cleared. They have offered to give me 3 month's pay if I resign. Can I accept this offer and then proceed to make a claim dismissal?
Thanks in advance
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

Ben, 10 years

Ben Jones :

What is your contractual notice period?

Customer:

3 months

Ben Jones :

As long as you do not leave your employment under a formal settlement agreement, then you would be able to make a claim dismissal even if you had agreed to resign based on the employer’s offer not to pursue a disciplinary against you if you were to leave. You would know if you had a settlement agreement because it requires you to seek formal legal advice and have the agreement rubber-stamped by them before it becomes effective. If none of this occurs and this is just an agreement between you and the employer then it would not prevent you from claiming after you leave.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

That is very clear, thank you.

Customer:

It seems you have to have sent the last message to be able to rate the reply. Please send an arbitrary sign off.

Ben Jones :

Sorry it should work now, many thanks

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