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Employer stopped pay

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  • Employer stopped pay

    I went absent from work around 2 weeks before lockdown with work related stress. For the first 2 months my employer paid me however this month my pay has been massively cut..
    I have in the last 2 weeks returned to working from home as has most of the admin team and all the senior managers . As I was off with work related stress after 3 weeks I went back to my GP with the intention of getting a fit note to return to work however following tests done GP said it wouldn't be advisable at the moment for me to be in work, remembering this was less than a week after lockdown rules as a test had come back saying I had a fairly rare Auto-immune condition and was I to contract Covid it could have serious consequences.
    I can as I have proved now been able to do over 80% of my role remotely I asked my GP about working remotely which he agreed he had no issue with if I felt the stress and anxiety attacks were better. I told work this and was ignored for nearly a week then when they did respond to a different email they made arrangements for a welfare call, so now absent 4 weeks before they wanted to speak to me and that welfare call took over 30 minutes and I was informed that in my absence they had sent a colleague to be trained to do my role, I should state that I found they only did this after I offered to work remotely.
    Three weeks after being rejected for working remotely had a call from a higher manager who kept repeating "Your Job is Your Job" when I protested that I had been offering for 3 weeks to work remotely the blame this had not happened was placed on myself saying I did not have a doctors note to this effect but if I got one they would let me resume. Which I go for them the next day
    I pointed to the fact that had the other manager said this was their issue I would have got a note to this effect but was not asked for and the offer was totally ignored. I should point out that there has never been a good working relationship between myself and my direct line manager who made the first "Welfare call"*
    Given they have no chosen to stop my pay and given all my attempts to improve working relationships and get back to work do I have a case here for constructive dismissal given I just don't feel I can ever trust them again and the lines of communication have completely broken down.
    Tags: None

  • #2
    Before you could consider making a claim for constructive dismissal, which by the way is hard to do, you would need to have exhausted all internal procedures to try and resolve the issue. Therefore your first action would need to be that you raise a grievance about the situation.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



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    Comment


    • #3
      Originally posted by Ula View Post
      Before you could consider making a claim for constructive dismissal, which by the way is hard to do, you would need to have exhausted all internal procedures to try and resolve the issue. Therefore your first action would need to be that you raise a grievance about the situation.
      I was already part way through a grievance about the breakdown in communication and indeed had been involved in a video meeting in relation to this grievance the day before my pay wasn't paid in full. Whilst at the point of this meeting I had no reason to believe my pay would get stopped it also was not mentioned in this 80 minute meeting by either the senior manager, or head of HR who were party to this video call. Surely if they knew they were stopping my pay they should have taken the time to forewarn me it had been stopped.

      Comment


      • #4
        Have you gone back to them in writing to ask why there has been no communication in regard to your pay? In which case that is what you need to do.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Originally posted by Ula View Post
          Have you gone back to them in writing to ask why there has been no communication in regard to your pay? In which case that is what you need to do.
          Yes I have also gone back to the managers who heard the grievance asking do I raise a new grievance or are they prepared to look into this as part of current grievance I also pointed out that I felt that the decision to stop the pay was as a rebuke for raising the initial grievance
          Thus far they have not responded

          Comment


          • #6
            If they have already held a grievance meeting then I presume you are waiting to hear the outcome of that. If that is the case they may take the view that is should not be included into that grievance. On the other hand they may decide to defer a decision on the first grievance, particularly if they are related, until they have dealt with the second grievance and provide their decision on both at the same time.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              Originally posted by Ula View Post
              If they have already held a grievance meeting then I presume you are waiting to hear the outcome of that. If that is the case they may take the view that is should not be included into that grievance. On the other hand they may decide to defer a decision on the first grievance, particularly if they are related, until they have dealt with the second grievance and provide their decision on both at the same time.
              I have asked do I raise a separate grievance or are they prepared to add, Surely I should expect an answer to this simple question in a timely manner not allowed to just ignore it thus delaying the process and inparticular when it is related to the loss of income which has left me unable to service my debts so it is urgent to resolve

              Comment


              • #8
                Originally posted by Ula View Post
                If they have already held a grievance meeting then I presume you are waiting to hear the outcome of that. If that is the case they may take the view that is should not be included into that grievance. On the other hand they may decide to defer a decision on the first grievance, particularly if they are related, until they have dealt with the second grievance and provide their decision on both at the same time.

                Yes and I asked for an update as to when this will be resolved. I have asked do I raise a separate grievance or are they prepared to add, Surely I should expect an answer to this simple question in a timely manner not allowed to just ignore it thus delaying the process and inparticular when it is related to the loss of income which has left me unable to service my debts so it is urgent to resolve

                Comment

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