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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ed Turner Your Own Question
Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 1523
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
107013918
Type Your Employment Law Question Here...
Ed Turner is online now

I need advice before a sign a document please

This answer was rated:

I need advice before a sign a document please

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

To enable me to answer your query, please provide me with some further information.

Has your employer provided you with a draft Settlement Agreement terminating your contract of employment by way of mutual consent.

Customer: replied 3 days ago.
File attached (GL74QMZ)
Customer: replied 3 days ago.
File attached (MP7ZSV4)

Your employer is under a duty of care to provide you with a safe working environment and to ease any sources of workplace stress.

If you have a pre-existing mental health condition such as depression, you need to inform your employers of this as well as it could potentially be a disability and therefore they will be under a duty to make reasonable adjustments to your working environment.

As you have over two years’ continuous employment, then you may lodge a Claim with the Regional Employment Tribunal for Unfair Dismissal if you are Dismissed or forced to leave your job because of the way your employer has treated you, which is a Constructive Dismissal.

Your employer must follow a fair Disciplinary and Investigation procedure before they decide to dismiss you.

However, if you have been Dismissed or Constructively Dismissed based on an Inadmissible Reason, then the Dismissal will be Automatically Unfair regardless of the length of your Employment. Inadmissible Reasons for Dismissal include Dismissal on the basis of a Protected Characteristic (Age, Disability, Race, Religion or Belief, Sex, Sexual Orientation, Marriage/Civil Partnership, Pregnancy and Maternity, Gender Reassignment), for making a Disclosure In The Public Interest to a Prescribed Person within your Employer or external Regulatory Body (i.e. “Whistleblowing”), Trade Union membership or activities, asserting a statutory right under section 104 of the Employment Rights Act 1996 (“ERA”) or for a health and safety reason under section 100 of the ERA.

In Discrimination and Whistleblowing cases, in addition to the Basic and Compensatory Awards for Unfair Dismissal, you may also claim Damages for Detriment and Injury to Feelings.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating to conclude this matter.

Kind regards

LawyerEd

Customer: replied 3 days ago.
File attached (4TQ3M5G)
Customer: replied 3 days ago.
They asked me to sign this improvement plan by tomorrow
Customer: replied 3 days ago.
if i don't agree with the terms i am forced to sign it?

I have reviwed the PIP document and it looks fine.

Customer: replied 3 days ago.
i asked if there if any proof for pushing the improvement plan reasons and they said yes it is but they cant share it with me as is anonymous

The PIP Document states the reasons for putting you on a PIP.

Customer: replied 3 days ago.
quick questions if i want to speak over the phone is £44 for how long?

The telephone consultations usually last for up to 20 mins.

Customer: replied 3 days ago.
i have to pay £44 no matter the call duration , say if i will be on the phone for 10 minutes?

That is correct.

Customer: replied 3 days ago.
The PIP Document states the reasons for putting you on a PIP correct but what If I don't agree with those terms, some of those reasons are not true and other team leaders are doing the same but no action taken, also when I asked them to share with me the proof in writing to support the reasons for the PIP they said they cannot as is anonymous

You can write to your employers stating that you disagree with their reasons and request that this be put on your employment file. However, I strongly recommend that you proceed with the PIP as it is the best way to disprove their allegation against you.

Customer: replied 3 days ago.
thank you for your advice
Customer: replied 3 days ago.
even if the reasons are not right you advice me to sign and i will and i will open a case with my union
Customer: replied 3 days ago.
okay

Yes, that is correct.

I am delighted that I have resolved your enquiry.

Please give me a five-star rating on the Portal to close this thread.

I wish you all the very best in resolving this matter and of course for safely navigating the current “choppy waters” in which we all find ourselves. :)

Kind regards

LawyerEd

Ed Turner and other Employment Law Specialists are ready to help you