Indecent Proposal

Discussion in 'Off-Topic Discussion' started by **Yvonne**, Mar 6, 2015.

  1. Sheal

    Sheal Total Gardener

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    I'm sorry to hear about the underhand way your firm are treating you Yvonne. :grphg:

    This is not a redundancy package, they are trying to buy you off. Legally it's the job that has to be made redundant, in other words the job will not exist and that's not happening in your case because somebody else is taking it over.

    FC has looked at it from another point and they are perfectly entitled to do the above. It's a nasty business and it's about time employment regulations were changed so that the employer isn't allowed to be in a 'win' situation.

    For your own peace of mind, which ever decision you make Yvonne, seek legal advice as soon as possible.
     
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    • Fern4

      Fern4 Total Gardener

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      I haven't got anything to add to the informative posts you've already received except to say I'm really sorry you are going through this Yvonne. Get yourself some legal advice and take it from there. Your health though is very important - life is too short to be this unhappy. :grphg:
       
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      • Bilbo675

        Bilbo675 Total Gardener

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        Hi Yvonne, so sorry to hear about your problems, unfortunately I don't have anything to offer other than support and best wishes :)

        I think you'll now know for certain though that GC is far more than just a gardening forum, it's an amazing place for friendly support and advice. I found that out last year when I had problems, the support and advice I received was overwhelming.

        Good luck Yvonne, hope everything is sorted soon and you can at peace once again :)
         
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        • shiney

          shiney President, Grumpy Old Men's Club Staff Member

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          Sorry to hear of your problems.

          The advice above is good and if your lawyer doesn't seem to come up with something constructive you should definitely go to ACAS.

          It seems obvious to me that you don't really want to stay there so it's just a matter of getting as much out of it as seems fair to you. Your lawyer should be able to work out whether the offer is something that they will be able to get away with. The lawyer will also look into whether it possibly comes under sexual discrimination. Then it becomes a whole different ball park!

          Even if you don't have any documentation, notes etc. you need to write down all you can remember and, if possible, in date order. The lawyer will need as much as you can remember. Don't forget to add in anything that may have happened to others at the company. This wouldn't be admissible in a court of law (unless some of them are willing to confirm it) but is all indicative of the overall situation and will help in negotiations.

          It seems to me (not an expert in employment law) that there is the possibility of it being sexual discrimination, unfair dismissal, bullying etc. It doesn't appear to be redundancy and if they try to argue redundancy (one of the easiest ways of getting rid of someone) they may have made their move a little bit too early. From what you appear to be saying, they want someone else to do your job. Therefore the job is still there.

          Their main argument may be that you're unable to do the job as required. If they haven't had an HR meeting with you in the past about that then they have gone about it the wrong way and it may still come under unfair dismissal. They should have had meetings with you and offered to try and help you to do the job the way they require (extra training etc.).

          Good luck :grphg:
           
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          • Jiffy

            Jiffy The Match is on Fire

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            Sorry to hear this Yvonne

            Your not alone, i've been there
             
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            • **Yvonne**

              **Yvonne** Total Gardener

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              Yes, thankfully the job market is picking up and I have agencies contacting me regularly, so I feel a little hopeful.

              The 1-2-1 meeting and appraisal system in my company is a joke, I didn't haven't any of these for 2 years. Just before Christmas the sales Director wrote something up without any meeting with me. It was basically a character assassination, and didn't mention that I had hit my target, grew the turnover by 27% and brought in two new clients. I asked him why this wasn't included and he told me if he had written anything positive, he would have been instructed to amend it. The cow manager I mentioned before had 5 different people raise grievances raised against her, its definitely not a personality clash!

              I hadn't thought about taking time off sick, that would buy me time but I'm not sure I want to drag this out. something to think about, thanks.

              This is exactly what they are trying to do, but if I was in a fair competition, I would win hands down due to my experience and qualifications.

              No, I want to work in an ethical, professional environment. I haven't mentioned the impact on patients in this thread, believe me, that's a can of worms which may just be opened once I have been released from my contract.

              Yes, I have to as I don't know how long it will take to get another job, I have a mortgage to pay.

              The enhanced package will be enough for 4-5 months if I'm careful.

              That's what I think I should push for, why should i go quietly, I haven't done anything wrong!

              My work load represented 35-40% of the company's gross revenue, someone will definitely have to take over from me.

              I agree, I think they know they are out of order, hence why they offered an enhanced package, rather than statutory redundancy pay.

              The MD instructed my then line manager to put me on performance management last year (he has now left) He refused to do it as it amounted to bullying. So it never went anywhere. It would be interesting to hear them explain why that wasn't completed in a court if I was that bad at my job.

              Thanks for all your support guys, you don't know how much it means to me xxxx
               
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              • Scrungee

                Scrungee Well known for it

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                @**Yvonne** Please be careful about posting criticisms of managers online on an open forum as it would probably take somebody only takes a few minutes using Google + your name + avatar image used elsewhere + a few details of the issues you have detailed above to locate your postings here.

                What would you manager make of all your above posts?
                 
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                • Adendoll

                  Adendoll Super Gardener

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                  I know this is probably stating the obvious but do you have paper copies of all company policies updated to the correct version. Helps you check they cannot trip you up. Friend of mind had a similar instance and came a little unstuck as she had been working from copies of company documents 6 years out of date.
                  Good luck Yvonne, try and keep things in perspective so you don't become overwhelmed with this, the stress of these things can create a more lasting impact on you than the loss of the job, don't let them affect your health.
                   
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