Are You Being “Managed Out” By Your Employer?
If you believe your employer is trying to push you out of your job, I can help. I have just concluded a case of this nature and received a 5* review from a very happy client. Read on for more…
My client was told by his employer that they were concerned about his performance and so if he didn’t leave quietly (by means of a settlement agreement) he would be taken through a performance improvement plan which would result in his dismissal. My client initially saw a solicitor more local to his home on the south coast. He was briefly advised to ask for what I later assessed to be an unrealistic settlement sum.
By the time my client had been referred to me by a friend, he was in a bit of a pickle. The settlement offer had been taken off the table completely. Of more serious concern the performance improvement plan had been shelved and he found himself in the middle of an investigation for allegations of gross misconduct. My client did not know what to do and was understandably anxious about being immediately dismissed.
I started off by taking a full and detailed history from my client. What became apparent having taken all the background information was that his employer was trying very hard to “manage him out”. By this time, my client had lost all faith in the employer and simply wanted to resign and take his chances with a claim in the Employment Tribunal. Unfortunately, I advised that this was simply too risky based on the specific facts of the case.
I suggested a different course of action. I advised my client to submit a very detailed letter of grievance setting out the difficulties he had experienced, why the allegations of capability and misconduct were misconceived and his objection to his employer’s conduct. I also advised him to submit a subject access request for documentation he felt would prove his employer was plotting to remove him from the company one way or another.
My client asked me to prepare the documents on his behalf and within 48 hours of submitting them, the investigation against him was placed on hold. He was then contacted by HR who put an amicable offer to leave firmly back on the table. After negotiating on the offer, my client was able to move forward with his full notice pay, a five figure ex-gratia payment, an agreed announcement and reference, plus a hefty contribution towards his legal fees.
I was truly moved by my client’s message of thanks –
“Thank you very much for your kindness, calm and walking step by step with me, I will always appreciate your help, you are an absolute star and I will always be grateful for all you have done for me”
HOW CAN I HELP YOU?
If you need help with problems at work I will take the time to hear the full history from you, give you clear legal advice and set out a range of workable options to help reach your objective. Don’t hesitate to get in touch with me via our website at www.lincslaw.co.uk or call 01522 440512 for an initial free chat. Alternatively, visit https://lincslaw.co.uk/services/employees/workplace-problems/ for more information about how we can help with workplace problems.
Sophie Goodwill, Director, Specialist Employment Solicitor