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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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If I was asked to leave the office without any formal meeting

Customer Question

If I was asked to leave the office without any formal meeting with HR then can I sue my employers or seek clarification as to if I am being put on Garden Leave or otherwise? I was told to hand in my pass and that I should not come into the office again.
I have already asked the question - with regards ***** ***** I will be paid, as I was due after this Friday to be on Annual Leave for a few weeks to complete the remainder of my notice period.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is***** am an employment lawyer and I am happy to help you today. How long have you worked for the employer for?
Customer: replied 1 year ago.
Hi Jenny,Thanks for your help on this.
I was working for the company for about a year and a half... I started on 13th October 2014, I am officially due to finish on 26th Feb, 2016 - however I am taking my remaining holidays and so will be finishing this Friday, with the remaining time being used as holiday to shorten my notice period.If you want the history of the situation - please let me know and I'll copy/paste it here.Regards,
Ambrish
Expert:  taratill replied 1 year ago.
Do you know why you have been asked to leave the office and not return. Are they going to pay you until the 26th Feb?
Customer: replied 1 year ago.
Hi Jenny,The reasons I was given were something along the lines of:- I want a fresh start (i.e. she wants to be rid of me)
- I heard you've been talking to XYZ about me.That was it, no other formal point was made and HR were not involved in this meeting at all.
Expert:  taratill replied 1 year ago.
Do you believe that this decision discriminates against you at all on the grounds of your race, sex, religion, disability or for raising a health and safety or other complaint of a whistleblowing nature?
Customer: replied 1 year ago.
That may be coincidental as I do feel I received unfair treatment with regards ***** ***** i.e. PersonX who was caucasian receives a thank you wine bottle and note, yet I did not. Again I did not investigate this further...Here is an email I wrote to the HR department on Monday, I am still awaiting a response to this -Dear HR,Further to my meeting with ***** *****, Acting Director of Service Delivery and Operations (or whatever her title is now) on 25th January 2016, I would like to ask for a written confirmation of the meeting outcome.As a result of the meeting, I was sent home on 25th January, what my understanding is on "garden leave", until the end of my notice period, 29th February 2016. Can you please confirm if this is correct.Looking forward to hearing from you soon.Regards,
Ambrish
Expert:  taratill replied 1 year ago.
Hi Ambrish, can you tell me though if you think that you are being discriminated against/ treated differently on the grounds of your race? This is important for me to know.
Customer: replied 1 year ago.
As a breakdown - with what took place, please see below:Last week – meeting with ***** ***** (21st Jan):I asked Chris to have a confidential meeting with me on Thursday, after 3-4pm I would say. I believe we went into meeting room 11 from recollection.
In the meeting I basically outlined my reasons for leaving and mentioned to Chris that part of that was due to Carol.
I mentioned that due to her many have left, and many will continue to do so… I also noted how she attempted to bully me and try to get me to do things which are not directly in my remit - i.e. A Mac project (Marcin can give you more information if needs be on this).
Chris was basically not very sympathetic saying that he has himself done things out of remit and would expect his staff to also do that.
I mentioned that what if there was no training, and/or budget etc and he then tried to conceal this by saying - “well that’s a different question…”.
I stopped the discussion at that point and thanked him for his time. I left it at that and did not speak to him again, but was left under the pretence that this meeting was going to be strictly confidential.Today’s meeting – ***** ***** (25th Jan):Carol asked to come and speak to me today. I said no problem and acted professionally in talking to her and even joked about how my weekend went. She took me into meeting room 9.
In the meeting Carol started off by thanking me for my efforts since Telegraph left HCL. I said I was happy to assist and also recognised how good the place was.
She originally said that she wanted to delay the meeting until the morning but I just asked her to tell me.
She said that she wanted a fresh start, and wanted to release me early from my contract early. I asked if I get a say in this, so as to ask questions or query but her answer was a firm no.
She said that she wanted me gone today, so I did not say anything more. I came back to my desk and signed out of everything and shut off my PC. I said a few quick goodbyes to Thomas, and mentioned to Steve/Mitesh that I wouldn’t be in tomorrow or Wednesday, out of being professional.
I took my stuff and basically went out of the building with little or no complaint. I handed in my pass and noticed as I was walking out that Carol was speaking to Security to insist that I would not be allowed back in.
After this I took my leave and went home.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I'd like to talk on the phone, will there be an additional charge of £38 on top of what I have already paid for this?
Expert:  taratill replied 1 year ago.
Yes I can only offer this as an additional service owing to the rules of the site. You can either accept this or you can continue online.
Expert:  taratill replied 1 year ago.
Let me know what you would like to do.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
I have sent you over my number, please can you call me.
Expert:  taratill replied 1 year ago.
I have tried to call but it has gone directly to voicemail. I will try again in a minute.
Expert:  taratill replied 1 year ago.
It is still going to voicemail. Please can you confirm when you will be available to take my call?
Customer: replied 1 year ago.
I am available now, the phone is next to me. It has been working - as I have received other calls both yesterday and today.
Expert:  taratill replied 1 year ago.
It was good talking to you Ambrish. All the best for the future.
Customer: replied 1 year ago.
Likewise Jenny.Thanks for your help. :)
Expert:  taratill replied 1 year ago.
No problem at all.

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