Please log in or register. Registered visitors get fewer ads.
Forum index | Previous Thread | Next thread
Employment advice 11:30 - May 23 with 5595 viewsuefacup81

After some advice from the Hive Mind...

A mate of mine is in a bit of a quandry with his employer. They've threatened him with some pretty spurious sounding Gross Misconduct charges, but offered to pay him off in order to forgo the investigation.

They originally offered him £3,000 to leave, and he has managed to argue them up to £9,000 through his solicitor given that he's trans and there's been some fairly discriminatory behaviour from the company in the past.

They've caveated the £9,000 offer with the conditions that he is prevented from submitting a grievance, and will not submit a Subject Access Request - so clearly there have been some dodgy emails doing the rounds.

Clearly they've calculated that they stand to lose more than £9,000 if he decides to refuse their offer and starts digging. Do you reckon it would be worth him turning it down and seeing what they're hiding?

Poll: Predictions for tonight?

0
Employment advice on 11:33 - May 23 with 4594 viewsJ2BLUE

Are they purely trying to get rid of him because he's trans?

Truly impaired.
Poll: Will you buying a Super Blues membership?

0
Employment advice on 11:39 - May 23 with 4577 viewsfooters

Would any tech bods know whether an SAR would actually turn up any dodgy emails as evidence, or could they all have been deleted permanently by now?

Tbh, I know it sounds wrong, but I'd just take the money and run. No time for legal shenanigans, too much strain on the brain (and wallet). But if your mate really wants to fight the good fight and see justice done, then good on him. Just have to be prepared for months and months of stress.

Take the dosh, go on holiday, forget the feckers while sipping cocktails at Club Tropicana. Then onto the next adventure.

footers QC - Prosecution Barrister, Hasketon Law Chambers
Poll: Battle of the breakfast potato... who wins?

2
Employment advice on 11:43 - May 23 with 4556 viewsNo9

If he's ina Union it would be worth speaking with them to see how much legal cover / assistance they will provide.
If he has to go it alone the legal costs will probably outweigh what the courts may award, unless he gets full costs reimbursed.
Any SRA may not reveal what your friend wants it too.
0
Employment advice on 11:43 - May 23 with 4546 viewsBurwell_Blue

£9k. Not worth the hassle to read up that his colleagues have been poking fun at him.

Take the cash and get on with something else.
0
Employment advice on 11:44 - May 23 with 4545 viewshomer_123

What are the 'spurious' GM charges - that is the key, surely?

Ade Akinbiyi couldn't hit a cows arse with a banjo...
Poll: As things stand, how confident are you we will get promoted this season?

0
Employment advice on 11:44 - May 23 with 4539 viewshype313

If they are wilting that quickly from offering £3k to £9k, I would be threatening them back with discrimination, and then they really will start panicking, £9k would be a drop in the ocean.

Poll: Simpson - Keep, Sell or Loan

0
Employment advice on 12:04 - May 23 with 4495 viewsPinewoodblue

There is no point in staying with an employer who does't want you there. I have been in this position on both sides. Under orders to find something to remove an employee, it is amazing how easy that is. Have also negotiated my own departure from the same employer when the company was moving in a direction I was uncomfortable with as it wasn't sustainable. Twelve months salary plus three months cash in lieu of notice was the final settlement.

Difficult to know if £9,000 is a good offer depends on salary and length of service. If they belong to a union, or even if they have legal expenses added to say a household policy worth checking to see if it covers employment issues.

Your friend needs to do whatever is best for him long term. Remember it can have an impact of your health if you are constantly fighting battles.

2023 year of destiny
Poll: Dickhead "Noun" a stupid, irritating, or ridiculous man.

0
Employment advice on 12:16 - May 23 with 4455 viewsuefacup81

Employment advice on 11:44 - May 23 by hype313

If they are wilting that quickly from offering £3k to £9k, I would be threatening them back with discrimination, and then they really will start panicking, £9k would be a drop in the ocean.


It's an interesting one.

Clearly the fact they're willing to pay him off suggests that they know they charges are spurious. They've alleged that he flirted with a colleague and friend at a team dinner. The kicker is that there was lots of flirty banter going on, but he was the only guy flirting with another guy, and he's the only one who's had it raised.

They initially offered £3,000, which he countered with £10,000. They responded with £4,500, and when he made a final offer of £9,000 with a threat of submitting an SAR they immediately accepted it with the condition that he doesn't submit an SAR.

There's been a couple of incidents surrounding his transitioning, perhaps the biggest of which was being forced to use the disabled toilet for a few months before he got HR involved.

Clearly they feel they're open to losing more than £9,000 if he goes ahead with an SAR - they wouldn't pay £9k to stop him reading some mean e-mails, surely?

Poll: Predictions for tonight?

0
Login to get fewer ads

Employment advice on 12:33 - May 23 with 4410 viewsPinewoodblue

Employment advice on 12:16 - May 23 by uefacup81

It's an interesting one.

Clearly the fact they're willing to pay him off suggests that they know they charges are spurious. They've alleged that he flirted with a colleague and friend at a team dinner. The kicker is that there was lots of flirty banter going on, but he was the only guy flirting with another guy, and he's the only one who's had it raised.

They initially offered £3,000, which he countered with £10,000. They responded with £4,500, and when he made a final offer of £9,000 with a threat of submitting an SAR they immediately accepted it with the condition that he doesn't submit an SAR.

There's been a couple of incidents surrounding his transitioning, perhaps the biggest of which was being forced to use the disabled toilet for a few months before he got HR involved.

Clearly they feel they're open to losing more than £9,000 if he goes ahead with an SAR - they wouldn't pay £9k to stop him reading some mean e-mails, surely?


If he asked for £10,000 and rejects £9,000 then he is an idiot.

2023 year of destiny
Poll: Dickhead "Noun" a stupid, irritating, or ridiculous man.

2
Employment advice on 12:34 - May 23 with 4402 viewsuefacup81

Employment advice on 11:33 - May 23 by J2BLUE

Are they purely trying to get rid of him because he's trans?


I wouldn't be surprised. They're an American-based company, and this all only started after the Head of HR came over from the States and saw him flirting with a bloke on a night out.

Poll: Predictions for tonight?

0
Employment advice on 12:35 - May 23 with 4393 viewshype313

Employment advice on 12:16 - May 23 by uefacup81

It's an interesting one.

Clearly the fact they're willing to pay him off suggests that they know they charges are spurious. They've alleged that he flirted with a colleague and friend at a team dinner. The kicker is that there was lots of flirty banter going on, but he was the only guy flirting with another guy, and he's the only one who's had it raised.

They initially offered £3,000, which he countered with £10,000. They responded with £4,500, and when he made a final offer of £9,000 with a threat of submitting an SAR they immediately accepted it with the condition that he doesn't submit an SAR.

There's been a couple of incidents surrounding his transitioning, perhaps the biggest of which was being forced to use the disabled toilet for a few months before he got HR involved.

Clearly they feel they're open to losing more than £9,000 if he goes ahead with an SAR - they wouldn't pay £9k to stop him reading some mean e-mails, surely?


He's getting done for flirting with a colleague? Wow.

Poll: Simpson - Keep, Sell or Loan

0
Employment advice on 12:38 - May 23 with 4379 viewsuefacup81

Employment advice on 12:33 - May 23 by Pinewoodblue

If he asked for £10,000 and rejects £9,000 then he is an idiot.


I'm not sure. Had it not come with the caveats then I'd agree with you, but given that they're so desperate for him not to see the conversations they've been having about him it suggests that something a whole lot more sinister is going on behind the scenes.

Knowing my mate, if there's the slightest hint that they're going after him because he's trans, he'll want to take them to the cleaners.

Poll: Predictions for tonight?

0
Employment advice on 14:36 - May 23 with 4330 viewsBurwell_Blue

Employment advice on 12:35 - May 23 by hype313

He's getting done for flirting with a colleague? Wow.


It was a fella dressed up in a dress flirting with another bloke. I can't get my head round that.
-3
Employment advice on 14:38 - May 23 with 4318 viewsSpruceMoose

Employment advice on 14:36 - May 23 by Burwell_Blue

It was a fella dressed up in a dress flirting with another bloke. I can't get my head round that.


Which aspect exactly?

Pronouns: He/Him/His. "Imagine being a heterosexual white male in Britain at this moment. How bad is that. Everything you say is racist, everything you say is homophobic. The Woke community have really f****d this country."
Poll: Selectamod

2
Employment advice on 16:20 - May 23 with 4239 viewsuefacup81

Employment advice on 14:36 - May 23 by Burwell_Blue

It was a fella dressed up in a dress flirting with another bloke. I can't get my head round that.


No. It was two blokes flirting.

Poll: Predictions for tonight?

0
Employment advice on 16:33 - May 23 with 4222 viewsGeoffSentence

Employment advice on 16:20 - May 23 by uefacup81

No. It was two blokes flirting.


What are they doing about the other one? Or have they singled your friend out?

Don't boil a kettle on a boat.
Poll: The best Williams to play for Town

0
Employment advice on 16:36 - May 23 with 4215 viewsWD19

Employment advice on 12:16 - May 23 by uefacup81

It's an interesting one.

Clearly the fact they're willing to pay him off suggests that they know they charges are spurious. They've alleged that he flirted with a colleague and friend at a team dinner. The kicker is that there was lots of flirty banter going on, but he was the only guy flirting with another guy, and he's the only one who's had it raised.

They initially offered £3,000, which he countered with £10,000. They responded with £4,500, and when he made a final offer of £9,000 with a threat of submitting an SAR they immediately accepted it with the condition that he doesn't submit an SAR.

There's been a couple of incidents surrounding his transitioning, perhaps the biggest of which was being forced to use the disabled toilet for a few months before he got HR involved.

Clearly they feel they're open to losing more than £9,000 if he goes ahead with an SAR - they wouldn't pay £9k to stop him reading some mean e-mails, surely?


The offer likely bears no relation to the strength of their case.

They just know that a legal argument will cost more in fees and staff time. They just want it off their desk so they can get on with doing business.
0
Employment advice on 16:41 - May 23 with 4199 viewsuefacup81

Employment advice on 16:33 - May 23 by GeoffSentence

What are they doing about the other one? Or have they singled your friend out?


Just my mate. No action against anyone else whatsoever.

Poll: Predictions for tonight?

0
Employment advice on 16:43 - May 23 with 4192 viewsNorthstaNder

They're trying to get him for flirting with a colleague? Christ, it's a good job that not every company is like that!
0
Employment advice on 17:22 - May 23 with 4153 viewsYaffle

So they are trying discipline your friend for Gross Misconduct for flirting! Unless there was more to it than that (such as he exposed himself) or some other misdemeanour then highly unlikely that it constitutes gross misconduct. Has there been an investigation, statements taken, procedures followed? If not then it doesn't bode well for the employer (and they probably know it).

Claims for damages in discrimination cases are unlimited. Whilst a SAR might help him now, after Friday it would have more teeth as a breach would be entirely more costly for them under GDPR so they may be more diligent and provide more information. He could also potentially widen the scope of the search to include emails etc. In any event, if he takes them to a tribunal the requirement for them to disclosure documents will likely be more far-reaching but could be useful to combine with a SAR to spot any gaps in correspondence etc (i.e. documentation they have sought to withhold). If made any specific requests to HR or management in relation to his transition then those email threads would be very interesting.

In 15/16 average tribunal award for sexual orientation, claims were £20k and £85k for sexual discrimination, well above his £9k. Or, go for the quiet life and take a holiday as others have suggested. It all depends how likely he will be to get another job too? It's an important consideration.
0
Employment advice on 19:42 - May 23 with 4083 viewsBurwell_Blue

Employment advice on 16:43 - May 23 by NorthstaNder

They're trying to get him for flirting with a colleague? Christ, it's a good job that not every company is like that!


Fact is you have a geezer dressed up in a pair of drawers taking the p1ss.

Not everyone wants to work with someone like that for whatever reason, so put some strides on and keep your skirt for home or work someone else.

Simple.
-1
Employment advice on 19:44 - May 23 with 4073 viewsfooters

Employment advice on 19:42 - May 23 by Burwell_Blue

Fact is you have a geezer dressed up in a pair of drawers taking the p1ss.

Not everyone wants to work with someone like that for whatever reason, so put some strides on and keep your skirt for home or work someone else.

Simple.


"Not everyone wants to work with someone like that for whatever reason."

They're insecure with their own sexuality and/or identity, or just scared of something they don't understand?

Jesus Christ.

footers QC - Prosecution Barrister, Hasketon Law Chambers
Poll: Battle of the breakfast potato... who wins?

0
Employment advice on 19:46 - May 23 with 4068 viewsBurwell_Blue

Employment advice on 19:44 - May 23 by footers

"Not everyone wants to work with someone like that for whatever reason."

They're insecure with their own sexuality and/or identity, or just scared of something they don't understand?

Jesus Christ.


Or are too busy to put up with all the nonsense?
0
Employment advice on 20:08 - May 23 with 4027 viewsBloomBlue

Surely if he already has a solicitor working on the case they can offer the best advice as they have all the details?
0
Employment advice on 20:10 - May 23 with 4019 viewsJ2BLUE

Employment advice on 19:46 - May 23 by Burwell_Blue

Or are too busy to put up with all the nonsense?


Yea, I forgot about all that extra paperwork you have to do if you work with someone transgender.

Truly impaired.
Poll: Will you buying a Super Blues membership?

1
About Us Contact Us Terms & Conditions Privacy Cookies Advertising
© TWTD 1995-2024