How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46773
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

i work for a local authourity after a year of disciplinary

Resolved Question:

i work for a local authourity after a year of disciplinary hearings over a decision to dismiss me for SOSR I was reinstated to my post My employer contacted my union and stated i would be vulnerable to other allegations and offered a "pay off" deal with a "gagging order" and a comment that if i refused they would pursue further allegations against me that i had bullied colleagues. Is this lawful ? My reputation is in tatters and i can not find work is this constructive dismissal
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

Customer:

20 years

Ben Jones :

It is not unlawful for the employer to offer you a way out under a settlement agreement and to include certain restrictions within, such as not to discuss the issues or make any comments against the employer. You are entirely free to decide whether you wanted to accept such an offer based on the terms offered, or try to negotiate something more suitable for you, or whether to simply reject it. If you reject it then the employer could still pursue disciplinary proceedings against you if they have grounds for doing so. Whether such proceedings would be fair or not is another issue, but to answer your query, yes the employer can offer you such a deal and state that they can still pursue further action against you if you remain in position.

Customer:

if there is evidence of a "fishing trip" to gather complaints and these have been dealt with previously under policy and process is n't this a second bite at the cherry ?

Ben Jones :

having a second go is not automatically unlawful, if new evidence comes up. You coulod argue that you are being picked on or persecuted but do not just jump to a constructive dismissal claim - these are not easy at all and you are likely to end up with a settlement in the end anyway rather than pursuing it to the end through the tribunal system

Customer:

i very much wanted to return to my post as an assisstant head of service and it looks like my rival for promotion to head of service, who is now head of service and who initiated the process against me wants me to leave my salary was £60K pa and there is no other work for a professional social worker in the area i live in is the offer made reasonable? I thought an ET may offer approx £70K

Ben Jones :

I cannot say whether an offer is reasonable or not simply based on the limited facts I have, for that you need to have a formal case analysis done to determine the strengths and weaknesses of your case and work out what you may realistically get if you were to take this to a tribunal

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

thank you very much for your help much appreciated

Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46773
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice