Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you briefly explain your situation so that I can assist?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Yes that would be useful. Thank you.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
Could you please clarify what shall I do or say during grievance meeting?
That is quite difficult to answer because a grievance meeting is there to deal with a complaint you have raised with the employer and here I do not see a specific complaint that has been raised by you. You have simply failed to agree in the negotiations to carry forward and as a result you have decided to part ways. That is not automatically grounds for a grievance. So there is nothing really you should be saying – you say as much or as little as you want, it would not really affect your position.
I believe the owner wants just a formal confirmation where I would give statement that I no longer want to work for his company and describe the reasons. Is there anything I need to be particularly careful about during this meeting?
Nothing in particular to be honest. You are free to leave at any time and hey cannot stop that. This meeting is not there to try and catch you out, it is more there for the employer to show that they have tried to cover any potential grounds for you to raise a complaint. Without it your rights would remain the same so do not worry about saying anything you shouldn’t.
What documents would I need to sign and shall I sign them if I am not comfortable for whatever reason?
The only thing they should potentially ask you to sign is the minutes of the meeting. But in any event you do not sign anything you disagree with or are uncomfortable with. If the minutes reflect what was said then you will have no problem in signing these to agree the.
He asked me to send him any grievances I have inwrapping prior to the meeting. What is best write in my situation?
The only real grievance here is the inability for you to negotiate the terms of you remaining to work there. So if you believe they have acted unfairly or unreasonably in the circumstances, that is what you would really be complaining about.
If I don't receive any goodwill payment offer from him during the meeting, can I ask him about it or would it be considered as some kind of blackmailing?
It is not blackmailing if you simply ask for it to reflect the work you have done for them. But it would be blackmailing if you threaten to disclose their practices, such as these relating to taxes.
Can he take any legal action against me or stop me from resigning on August 2nd?
No he cannot. No one can stop you from resigning, an employer cannot refuse to accept our resignation. As long as you give them the required notice period you can leave at any time. Also there are no circumstances they can sue you for in this case.
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Hi there, who are you planning on taking with you to this meeting?
Hi not sure if you saw my question above - who are you planning on taking with you to this meeting?
Hi there, it is possible for them to do so as this is known as ‘garden leave’. Ideally there needs to be a garden leave clause in the contract allowing them to do so. However, even in the absence of such they can still do it because it will be difficult for you to challenge them if you have not suffered any losses as a result. SO if you are still getting paid as normal, they can do it.
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