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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have recently taken a settlement agreement from my

Customer Question

hi there, my name is***** have recently taken a settlement agreement from my employer after being unsuccessful in applying for a position of general manager after my job as DHL account, warehouse and site manager was going to be merged with the distribution transport managers role.
I was involved in a car accident back in June 2015 where i sustained a neck and upper back injury. I was signed off work by my GP but was constantly called by my new director to return to work which i did. However, to do this i had to stop taking the medication prescribed by my GP. On return to work i was constantly undermined and bullied by the new managing director, and new distribution manager who was also in control of the DHL, warehouse & site. I went back to see my GP as i was getting chest pains, he said that my blood pressure was very high and diagnosed that i was suffering from stress and advised me to refrain from work. I was signed off for approx 3 months returning to work on 12th January 2016 on short hour working as advised by my GP. My director agreed for me to work from 10 - 2pm daily for 1 month until the 12th February. A week after returning to work i was told that my job was going to be made redundant and that i was to apply for the new role which was a competency based interview. Before the interview i told my manager that i was extremely anxious and stressed and didn't feel well but he insisted that i was to attend the interview.
As explained i was called to a meeting and was told that i was unsuccessful and was told i was redundant. I was offered a settlement agreement of 15k if i left immediately. The sum of 15k was equivalent of 90 days
pay tax free.
I since learnt that the distribution manager who took over my job announced that he was going retiring a month after i left, so how do i stand as far a destructive dismissal..
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. So just to clarify you accepted the settlement agreement and you have been paid everything due under it?

Customer: replied 5 months ago.
Hi Ben, Yes that is correct. However, I was told that my position was redundant with no other internal position available. I accepted the settlement agreement as there was no alternative option other then work 90 a days notice period. My position as DHL account manager, warehouse and site manager was given to the distribution manager who had no qualifications. He accepted the position of general manager but decided to retire at the end of June 16 after giving 3 months notice back April. I feel that I was pushed out as I had lost time from work due to a car accident back in June 16. I returned to work against my GP's advice as i was constantly called by the owner of the company and his son. On y return I was constantly bullied and undermined which caused me stress and anxiety to a point my GP signed me off work.
I returned to work on January 12th on short hours as advised by my GP as he had insisted that I needed CBT counselling for depression. To have to go through a competency interview process
then the company knew that i was suffering from depression is totally unfair and to think that the position of general manager was given to a person they new was going to retire is beyond belief.
I have always achieved my targets and have been well thought of by all of my customers. I think it was that my face didn't fit after 11years of loyalty and total commitment. The latest is that the new MD is going to fill the position with one of his work friends from a previous company.
Kind Regards
Peter
Expert:  Ben Jones replied 5 months ago.

So by the time your settlement had been agreed did the employer know that the employee was retiring, had he given in his notice period?

Expert:  Ben Jones replied 5 months ago.

Hello, not sure if you saw my follow up query above - by the time your settlement had been agreed did the employer know that the employee was retiring, had he given in his notice period?

Customer: replied 5 months ago.
Hi there B
Customer: replied 5 months ago.
Hi there Ben, Sorry for my delayed response, my family and i have just taken a short break.
My colleague hadn't given his notice at the time as he applied for the position of general manager. it wasn't until a month after that he decided to give notice of his retirement.
Kind Regards
Pete

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