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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been suspended by OFSTED on 5th of May until 16th of

Resolved Question:

I have been suspended by OFSTED on 5th of May until 16th of June. In meantime police called me that they closed the file and family is not pursue any further.
Then family contacted me with settlement and termination of contract from 19th of May-by contract they need to give me 5 weeks notice.
I need to stress that is mutual decession because trust is lost on both sides and I do not want to work there any more.
My question is can I get in settlement without receiving any formal documentation that case is closing and also I am still under suspension from OFSTED ?
Many thx
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Have you requested any formal documentation regarding this matter?
Customer: replied 1 year ago.
No who I supposed to ask that
Customer: replied 1 year ago.
because I think that ofsted needs to come back to me on that matter or .....
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
I am not receiving any answer from you yet........
Expert:  Ben Jones replied 1 year ago.
Hi can you please clarify what settlement you are after - are you just referring to the notice period you are due?
Customer: replied 1 year ago.
No they are offeriing me a settlement of lump sum but I presume from 19th for five weeks notice they due. I am happy to just have normal payslip for 5 weeks of notice because anyway I am under suspension with full pay.
My concern is I do not have any documents yet from OFSTED because they suspended me and wondering should they as family call ofsted to sort this out before we get in any agreement. Also i need references and P45
Expert:  Ben Jones replied 1 year ago.
ok so the lump sum they are offering is to cover your notice period is that correct? Also who is your employer officially - Ofsted or the family?
Customer: replied 1 year ago.
is family but we are ofsted registered and they made suspension but from family I do have email confirming I am suspended on a full pay until meter resolves, now things are moving and they want to move fast but still I do not have any official documentation apart from police call that case for them is closed after talking to the family and family is not pursuing any further
Expert:  Ben Jones replied 1 year ago.
and can I check how long you have been employed by them for please?
Customer: replied 1 year ago.
5 years and 3,5 mth
Expert:  Ben Jones replied 1 year ago.
Ok in the circumstances there is the possibility of termination of the trust and confidence has broken between you and they can no longer keep you working for them. You would be entitled to your contractual notice period, which in this case is 5 weeks, plus any accrued holidays. They can consider just keeping you on suspension for the notice period or they can just pay you in lieu of notice, so basically a lump sum to cover the notice period. In terms of P45 that will be issued only once your employment officially terminates. References are given at the discretion of the employer – there is no law which requires them to give one so if they really wanted to they can refuse to issue a reference. So if they want to terminate you tomorrow, they will have to pay you for the 5 weeks’ notice and after that they will issue you with the P45 and a reference if they decide to give you one. You do not need formal documentation that case is being closed before they can terminate you or give you settlement – that would not be a legal requirement. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
i give you 5 star, just to close this issue is that means I do not need to wait for any documents and we can proceed with settlement of course I presume i need to take solicitor for wordings to be right bettween them and me because we both want to part. .Also they already mention they want that we are both happy and I need to agree in their words not to bring any claims to unfair dissmisal at employment tribunal?
Expert:  Ben Jones replied 1 year ago.
You do not need confirmation or documents from anyone to have the employment terminated. You also do not need a a solicitor involved unless you wish to enter into a settlement agreement, which is a formal agreement where you are paid off to leave and in turn you agree not to make any claims against them. If you want a settlement agreement then you must see a lawyer who will advise you on the terms of the agreement before you sign it. So from you have said it appears that they want a settlement agreement and by law you must see a solicitor for it to be legally binding. Any local employment solicitor can help you with that
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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