Posted in: Experienced, Redundancy July 24 2008 5 answers
Anonymous

Question: On gardening leave but have been asked to assist with an internal grievance matter. Do I have to co-operate?

I resigned from my job over a month ago and am now on my 3 months gardening leave. Some of my colleagues were made redundant and are taking the firm to a tribunal. I have been cited as someone who worked with these people and could have information that could be relevant in the process. The company have asked me to come in and help with the grievance matter. What are my responsibilites especially as I am officially an employee of the company. Do I have to co-operate?

Answers (5)

  1. How can you be officially employed when, as stated in your first sentence, you `resigned’??

  2. because you are ‘officially’ employed until the end of your notice period…

  3. Yes. Even under notice you are subject to the terms of your contract and the implied terms of employment which go with it. To comply with your contract you also have to comply with any reasonable request from your company in working hours. You would only be able to excuse yourself if you could make a case to your employer (and potentially in court) that this request was unreasonable.

    Of course you could persuade your current employer to release you from the obligation by simply telling them that anything you have to say is likely to damage their case.

  4. By telling a potential witness that the employee in question is going to sue the company instantly biases any information a witness provides to the company. Very few employees want to give subjective evidence and be cross examined in court and very few would say anything negative about their employer. Any employee contemplating suing an employer usually can not rely on any support from colleagues.

    The fact there are so many cases which reach court and other cases where companies settle out of court indicates that many companies can not be relied on to follow employment law. They have the resources to ensure they treat their employees appropriately and are in compliance with their legal duties. It can only be hoped that having brave employees challenging the system will improve professional standards for other future employees of the company. Although the more probable outcome is that companies continue to ignore their legal responsibilities and just pay off select employees who manage to mount a water tight case against them. Other employees can be discouraged by undermining their professional reputation and credibility.

  5. I’d do it for the experience and what you will learn.
    Grievance stuff is painful if you have to deal with the fall out, but you are in the position of being able to walk away from it all.

    If you have ambitions for a leadership role, this experience is something you cannot get from an MBA or whatever.

    Rather than grudgingly turn up and go through the motions, take it as a challenge to try and broker a deal or a settlement that both sides can live with.
    If you do it honourably then you can impress people, and in any market, that is the reputation you want to have.

    Of course, with all due respect, I’d expect you to fail.
    But as I say above, you’re going anyway. This is a live fire training exercise. Do it and say thank you for the opportunity.

    I really doubt if the firm is dumb enough to make you do anything you don’t want to. A witness under duress can do their case more harm than good.