Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you tell me a bit more about the email in question. Please can you also tell me how long you have worked there?
Thank you, ***** ***** long have you worked there?
I can see that you mentioned working there for 5 years. Please leave it with me. I am in court for the rest of today so will prepare my advice in a while 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.
Many thanks for your patience. In the circumstances the employer could consider going down the disciplinary route because your actions are likely to have amounted to misconduct. Whether this is enough to dismiss you is something which may be slightly questionable but in reality there is nothing stopping them from doing so. It just means that if you disagree with it and wish to challenge it you may do so by claiming unfair dismissal once the dismissal takes place. If they try and go down the redundancy route instead then they will need to be able to justify that there was a genuine redundancy situation and that they had followed a fair procedure. So if they are going to try and engineer a redundancy just to try and get rid of you, then it may also potentially be challengeable.
Therefore, you do have the option of refusing the severance package and fighting for your position but the likelihood is that they may try and dismiss you anyway. If that happens and you challenge the dismissal you would potentially end up with a compensation package anyway. So it is up to you if you want to walk away now and negotiate something which you would be prepared to accept or stay and see what happens, knowing that you could potentially challenge their decision as well.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have to challenge a potential dismissal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
They can't really sue you for anything so don#'t worry about that but they can refuse to issue a reference or if they do - they can mention what happened. S if you want security in terms of knowing you are guaranteed a settlement and to avoid a negative reference then you may wish to consider taking the offer now
oh don't worry about that, it is just empty threats, it costs thousands to sue for that and it is hardly ever pursued unless you have a major image to protect and the remarks have been made widely public - don't worry about it