Employment Pickle -Again!
Posted: November 20th, 2023, 3:15 pm
A relative of mine recently left her employment after two years, citing a period of bullying and intimidation over months by her immediate line-manager. The evidence which I have had relayed to me certainly seems to support this view. The Co. was aware of issues, although no formal grievance was ever initiated, and no action was taken against the manager although more senior managers were aware of ongoing problems. My relative finally was unable to endure the toxic working environment and felt compelled to leave.
A few months earlier my relative had applied for and was awarded a specialist training course by the company but due to the ongoing negativity did not actually begin the on-line course. The cost was £1.7k, with a proviso in a pre-signed contract of a requirement to repay the full costs if resigned/ left the employ within 3 months of completion of the course, deductible from the final wage.
The Co. relied upon the contract terms to demand the full amount. The Co solicitor, perhaps sensing some difficulties in enforcing the payment, suggested £500 as an amicable settlement, but with just 48 hrs to accept or the offer would be withdrawn.
My relative’s issue fundamentally is that she was in effect hounded from her employment with no proper opportunity or support to undertake the course. As stated, she never even commenced the training.
We argue the course, unopened and still in its shiny wrapper, remains an asset of the company and can be transferred to a subsequent employee as appropriate.
A reply letter to the solicitors for the Co.agrees an amicable settlement would be beneficial to both parties, but then we provided evidential examples of the conduct of the Co.towards its employee and a potential breach of employment law (Constructive Dismissal?).
We have suggested the resolution of a formal ‘Settlement Agreement’ as the appropriate way to avoid escalation to formal legal action.
Any views or advice greatly appreciated. Stick or twist?
A few months earlier my relative had applied for and was awarded a specialist training course by the company but due to the ongoing negativity did not actually begin the on-line course. The cost was £1.7k, with a proviso in a pre-signed contract of a requirement to repay the full costs if resigned/ left the employ within 3 months of completion of the course, deductible from the final wage.
The Co. relied upon the contract terms to demand the full amount. The Co solicitor, perhaps sensing some difficulties in enforcing the payment, suggested £500 as an amicable settlement, but with just 48 hrs to accept or the offer would be withdrawn.
My relative’s issue fundamentally is that she was in effect hounded from her employment with no proper opportunity or support to undertake the course. As stated, she never even commenced the training.
We argue the course, unopened and still in its shiny wrapper, remains an asset of the company and can be transferred to a subsequent employee as appropriate.
A reply letter to the solicitors for the Co.agrees an amicable settlement would be beneficial to both parties, but then we provided evidential examples of the conduct of the Co.towards its employee and a potential breach of employment law (Constructive Dismissal?).
We have suggested the resolution of a formal ‘Settlement Agreement’ as the appropriate way to avoid escalation to formal legal action.
Any views or advice greatly appreciated. Stick or twist?