Urgent questions re. compromising agreement ?

Question

Hello, guys.

I got an urgent question and need your help. I am a Chinese working in UK with work permit visa under a permanent contract. Recently my company tried several informal talks intimidating me with disciplinary procedure and capability procedure. After a month, there is nothing in written given by my employer. I am extremely stressed by the situation. I know they have no ground at all to proceed any procedure against me, the only reason is that the new line manager doesn't want me to stay in the department.

I have no intention to work for such a company and want to sign a compromising agreement.

I want to know:

Can I go on Garden leaving until the end of the month, as I am given really hard time here? I can't concentrate on my work. And it gives me impression that there is the trap just waiting me to jump in. (my line manager is looking for mistakes in my work) I am really busy with usual work.

How much can I get for the compensation in the agreement. I have been in this company for more than 1 year and a half? I probably will be unemployed for quite a long time due to my foreigner status.

Thanks everyone.

Answer 1

You are bound by the terms and conditions of your employment contract. You are not entitled to take garden leave and no employer will allow you to take it.

If you are stressed and feel intimidated by your employer then visit your doctor who may sign you off for a period of time for you to build your strength to tackle this problem.

Employment law requires disciplinary procedures to be fair, and you have the right to request documented copies of any procedures taken against you. In future request that any further disciplinary procedures have minutes taken during the meeting and tell them that you will be exercising your right to have witness with you

You also have the right to see your personnel file at any time.

If you feel that you are being harrassed by your new line manager then place a written grievance against him and ask the company to put you on another shift or line.

There are many organisations that will assist you because of your foreign status. But my advice would be to ring the tuc and join a union which have specialist advisors that will help you and inform you what your rights are.

google tuc and ring them it may not be too late for help.

Answer 2

You can only go on garden leave if your employer sends you on it.

Have you had a disciplinary hearing and have you appealed? You can raise a grievance against your employer - they may decide that a compromise agreement would be preferable to going through that process. There is no fixed amount that you could receive under a compromise agreement. You need a good employment lawyer.