Do I have a right to a reason why my employers have told me to leave.

[selmecat]

I have worked for my employers for 35 years. About 12 months ago other employees were getting phone calls at all times of night.
For some reason unknown to me they thought I was making them.
Suddenly I started getting these weird phone calls and I got them traced to an employee much more senior than me and the police were involved.
This other employee was taken to court and left the company.
This has caused friction in the company and my retirement date is in May.
I have been paid my full salary up till May and have it in writing my pension will start then and been told never to come onto the company premises again.
I have been told by a manager 15 employees thought I was making these phone calls.
I am now wanting a written reason why these 15 employees thought it was me and I also want it in writing that the phone call incident will not be mentioned if I ever wanted a reference for a future job which is very unlikely. Do I have any right to this.

[Postdog]

Regarding the reference, for there own sake they will not make detrimental comments they could never back up.

[HowardKennitby]

If I understand correctly you are being 'asked' to retire 5 months early with pay up to your normal retirement date and your pension will begin from normal retirement date.

Are you currently a supervisor for any of these 15 people?

[selmecat]

Hi Howard

Unfortunately I was not given the names of these employees but 3 people did say I made these calls in front of me.

I was given my pay up until my retirement date as a lum sum and have l letter in writing detailing my pension figures.

It states my first pension will be paid on the 20th June 2012 and backdated to the 23rd May my birthday.

It also states my pension will be paid on the 20th of every subsequent month but the date can be changed by the pension scheme giving 3 months notice so I have not lost out money wise.

No retirement lump sum is due as I elected to take it as extra pension.

[selmecat]

Hi Howard

I was escorted off the premises and told to never come back.

[factor-fiction]

I don't think they'll put thei reasons in writing about why these employees thought it was you.
Was there any sort of disciplinary hearing?
Would you be prepared to pursue a claim for unfair dismissal?

[bednobs]

i thought that but then i thought -is she being dismissed? She is still an emplyee there as she's getting paid

[FranticTraveller]

I read this but didn't comment, but I've come back after thinking about it for a bit. I presume from what you've written that you have a fairly large HR department managing your company. If this is correct, I have no doubt they would have first sought either professional advice, if not direct HR law legal advice before making their decision, especially in the absence of any consultative warnings or written warning documentation. You've mentioned that the police have been involved - if they can corroborate your assertion that you were not the originator of these calls and indeed it was someone else then regardless of you being 'retired' by the company early you may very well have a tribunal issue if not even possibly something more, especially if you were defamed in any way. However in the UK to take steps for defamation you must be prepared to lose everything yourself should you be found wrong in your assertions. It's a frightening step to take when you're about to basque in the comfort of your pension. Postdog is absolutely correct - they will only confirm your employment dates and possibly- just possibly that you accepted early retirement. That in itself can never be construed as a detrimental fact. Many large organisations happily offer early retirement clauses so that younger, newer teams can move into a long standing position you've filled. It helps decrease turnover and increases morale. If you feel you have been defamed in any way then it may be in your best interest to gather as much true evidence as you can. I mean evidence in the sense of actual proof - affidavits from people, police records, phone records, etc. Then phone around to find a solicitor who will give you a 20 minute free consultation - many or most will. There may very well be someone in here who has employment law experience and can advise professionally, but I encourage you to go lightly until you have proof. Sadly, conjecture, supposition, and mental certainty does not hold up in a court of law. I wish you every success.

[factor-fiction]

^ ....but maybe she wasn't planning to retire in 5 months' time, so it could still be dismissal

[bednobs]

true factor

[EDDIE51]

My opinion is that while you may have a case , under the circumstances it is not worth the hassle. As you have been payed in a lump sum I think you can now claim your 26 weeks contribution based JSA until the pension kicks in, you are not getting a 'wage' so technically you are unemployed. I would just leave it be and take the money.

[cathfromsaron]

you do not have that many rights to stop tittle tattle, unless it is written down or broadcast in a public place!

in whch case its slander/libel, but still very hard to prove or get compensation for!

the reference will probably confirm your role/duties, your time with the company and confirm that you left due to retirement!

hope you can put this behind you and enjoy your retirement!

[EDDIE51]

If selmecat is not allowed to go near the premises or talk to any employees it is going to be very hard to get evidence as suggested by FranticTraveller.
I would claim your JSA and tell the jobcentre why you are not working, they may be able to offer advice as to the chances of a legal case.
As has been said, legal action for defamation is VERY expensive and you may not be awarded costs even if you do win. There was a post here a while back where the questioner wanted to sue for defamation and the solicitors wanted £50,000 up front just to prepare the case!

[DTCwordfan]

See an employment lawyer - a quick letter across their bows should solved this and were you wrongly suspended - there could be a compensation issue here...

[FranticTraveller]

You're correct Factor and Bednob...I've only addressed what I see. If Seme had not planned on retiring I would have imagined it being added originally, but perhaps not.
ft

[DTCwordfan]

that is true Eddie.....so is it worth the cost and risk, and I do not mean the financial solely, selme....the emotional as well has to be taken into account. It may be best to look back on the first 34 years, forget the 35th. and move on.

[Mosaic]

greatest sympathy and hugs, Selmecat. You won't like what I'm about to say right now - but when you are feeling better you might thank me.
Let's start by saying wholeheartedly, 100%, you are an excellent worker and have given loyal service for 35 years. Hey- even if you gave so-so service, you've turned up every day for 35 years and they've had the benefit of your labour. you should be very proud of that.

Your firm has handled this business worse than ineptly - probably illegally. But they have done this because they know they can. It is hugely stressful on a person to take legal action against this kind of injustice, as well as expensive, and as others have posted, it puts your financial settlement at risk. They have behaved in a disgraceful, unethical way, and you have suffered as a result.

I'm guessing that the person who was arrested was linked socially to others in the firm - all buddies together - and they have sought revenge, pure and simple. You got it properly sorted - so they tell you everyone is against you and humiliate you.

They have stopped short though of trying to rob you, as then you would have excellent tangible grounds for taking them to court.

Dear old selmecat, you need to be helped and supported to get your head round this very difficult time. I'd advise you to look at the money - you can sit on your duff, go to Spain, volunteer, go on a course, do whatever you want now because you are a free person and you are in that respect very lucky. Retirement is always hard for people with a work ethic, but to start this new phase in such a rotten way is most hurtful.

Can I suggest you see your GP and outline this terrific stress you've been under? You need a contact to talk to over the next few months so you can get better, leave the bitterness behind and embrace your new life positively.

You might also take the time to visit your MPs surgery and talk to them about this gross injustice, but don't paint mental pictures of ever getting even.

Living well is the best revenge - move on, keep well, and keep your dignity.

Sending blessings.

[buildersmate]

It is unclear if you have been dismissed or not.
You may well have been told not to come onto the site, but does the letter state that your employment has been terminated?

[lcg]

are you not just better out of there and not looking back? you could lose everything by pursuing a claim and the are not allowed by law to mention this in a reference. i'd let it go - even if they have been complete gits. take their money and run x

[HowardKennitby]

Various people here have asked the only relevant question so far; have you been dismissed? Can you tell us yes or no. Once we all know that you may get useful advice.

[twix123]

Were you asked to sign a Compromise Agreement, which usually precludes you from taking any legal action against the firm.

Was the lump sum paid to you, being your wages until your retirement date, classed as a redundancy payment, in which case it should be free of both Income Tax and National Insurance, otherwise, dependant upon your normal wages, the NI and Tax figures could be distorted either up or down.