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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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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

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