employer wants to talk about grievance after i have resigned, why now?

Question

i have resigned from my job after many months of disciplinary actions, which i felt were unjust. in short, i felt i was being picked on.

i wrote a letter of grievance, but it was ignored. so a month later i resigned with a months notice. i think i am within my right to seek a constructive dismissal case.

however, now, (2 weeks before my leaving date), my employer wants to discuss my grievances.

why would he want to talk now?
should i accept this offer of a meeting?
if i refuse, would i jepordise any claim?

cheers.

Answer 1

Get a real legal opinion. don't rely on the likes of us.
I'm sure that the meeting was requested in order to try and determine your position on a possible legal action.
There's no harm in attending the meeting as long as you are able to keep your own council and calmly discuss your points of view. Take everything they say "under advisement" and make no committment or promises. Immediately after the meeting, document what was said.
Sometimes it's a good idea to immediately write them a letter confirming your understanding of what went on in the meeting. That saves you from hearing "perhaps you misunderstood" down the road.
Good luck with it.

Answer 2

Depending on where you work, your employer may be forced to give you a severance package if you resign. Chances are, unless he's the head of the company, the company is pressuring him to try to work it out to save the company the money they would lose in that severance package.

If he's asking you to talk about the grievance, go ahead and talk to him. He may have *also* been pressured to give you what you want. Then again, he may be trying to talk you out of something. You never know until you hear what he has to say.

I'd say meet with him. If you feel you're in the right, and he doesn't offer anything to assuage your greivance, you still have your notice on file and are free to leave. If he makes you a good enough offer to resolve it and you can stay on (if you still want to), then everyone wins.

Without knowing the specifics, chances are, if he makes a good enough offer and you take it, your legal claim will probably disappear. If they can't satisfy you, then you will probably still have a case (if the grievance was grave enough), although it will look better for the company that they at least made an effort to address your grievance.

Good luck!

Answer 3

He wants to talk now to settle it out of Court or avoid a hearing. You should accept the offer of a meeting. You're in a strong position or he would not have made the offer. You may gain some valuable information. Ask questions and be an active listener. It won't exactly jeopardize your claim by refusing to meet, but the employee can subtlety hurt you by saying "I wanted to work this out, but he refused to meet with me", thereby making you look unreasonable. It is very important to know that anything you say in the meeting in with your employer CANNOT be used against you later. Settlement discussions are "privileged", which means both of you can speak freely. Nothing bad can happen, but it's possible you'll be offered a settlement amount. You are free to reject, but remember definate money today is worth more than possible money in the future. There's no risk in talking with him.

Answer 4

Do you have anyone dealing with your case at the moment and could you ask them for advice re this meeting. Or is there a union rep for instance you could have sit in on it with you.

I would perhaps seek advice re your claim first and see whether its normal procedure to meet with your boss. Maybe politely book the meeting for later rather than sooner with your boss so you have time to seek advice.

Its just if you are wanting to make a claim, then this meeting could either help or hinder your claim.Why don't you try the Citizens Advice Bureua, they might be able to help.

Answer 5

I think there's no harm in seeing what he's got to say. Be careful though he's probably trying to avert a case of Constructive dismissal and ask for a witness to be there if you decide to meet him. They can then take notes of what is said

Answer 6

you are in danger of losing a claim if you do not go
Are you in a Union because if so you should take your rep with yOu
I suggest you contact ACAS if you are in the Uk as I have found them to be very helpful

Answer 7

Yes, you should accept his offer, because, as you know it will jeopordize your claim, and that IS why he wants to talk now.

Answer 8

why? hasn't replaced you yet. covering his bases.
should you? of course, what can it hurt?
refuse? why would you? and yes it could jeopardize your case.

ever seen these tiny little voice activated recorders? fit in shirt pocket. documentation is of prime importance in any dispute.