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Hi All! I really need some help with my case. I ve been working for the same company for 10 years.
In February 2021 I returned to work after 6 months of sickness ( accident at work, back injury)
Before my return I had an Occupational Health meeting who proposed a phased return which included reduced hours and shift.
On the first day my line manager changed the Health Occupational advice and increase my working hours. Also, he started to ignore me and stop speaking to myself which was noticed by my colleagues. I felt bad and upset because after such a long period off work it was difficult for me to fit in my team, my confidence was very low and I was simply afraid of reoccurring a back injury again.
When the phased return was completed and I went back on my normal shift pattern I was given a new task which required leaning over the conveyor belt and stand the bottles. My manager wanted me to do it for 12 hours even though other people was changing each other every 1 hour. The job itself was never my responsibility but a warehouse op and my understanding was that this is urgent job and i will be doing that only temporarily. My normal position is Technician Operator.
After 6 hours I could not carry on and went home. The next day, I rang my manager before my shift and asked for different job because of my bad back. The manager assured me that there will be sth else for me to do. When I arrived he sent me to the same job, I was doing day before. When I questioned it he said ,,There was no more job for me on machines in your department'' and if I could not do this job then I am unfit for work''
I felt really upset and confused because of the lack of support and nobody ever told me that I will not be back to my old job.
I felt down and useless. My doctor sign me off work with depression. I spoke to my manager on that day and sent a fit note. They referred my to Occupation Health Advisor on the second day of my absence (I rescheduled it for week after as I felt it was too soon) In the first week of my absence they called my mobile twice, which I did not answer and sent 2 threating letters that they would suspend the CSP. I spoke to my GP and psychiatric doctor and I contacted the company advising of my attendance at HO meeting and asking to communicate by email as I was not feeling well enough to speak to them directly.
Two weeks later they suspended Company Sick Pay and I received no salary. I contacted them in writing and questioned the deduction. They did not pay me again. As you can imagine it did not help my health condition.
I officially complained about the deduction of salary , they responded that it was suspended because of lack of verbal communication, they said email was not enough.
During the sickness my manager did not agree any contact plan as The Attendance Policy says instead he just called me when he felt like it.
Now , they referred me for HO review and they want Advisor to confirm if contact by email with the company was reasonable in my case .
I am tired now and dont have a will to work for the company that treated me that way.
My question is Can I leave and claim constructive dismissal on the basis of unauthorized deduction of salary and not getting any support from the company after long term sickness.
Thank you all for your input.
In February 2021 I returned to work after 6 months of sickness ( accident at work, back injury)
Before my return I had an Occupational Health meeting who proposed a phased return which included reduced hours and shift.
On the first day my line manager changed the Health Occupational advice and increase my working hours. Also, he started to ignore me and stop speaking to myself which was noticed by my colleagues. I felt bad and upset because after such a long period off work it was difficult for me to fit in my team, my confidence was very low and I was simply afraid of reoccurring a back injury again.
When the phased return was completed and I went back on my normal shift pattern I was given a new task which required leaning over the conveyor belt and stand the bottles. My manager wanted me to do it for 12 hours even though other people was changing each other every 1 hour. The job itself was never my responsibility but a warehouse op and my understanding was that this is urgent job and i will be doing that only temporarily. My normal position is Technician Operator.
After 6 hours I could not carry on and went home. The next day, I rang my manager before my shift and asked for different job because of my bad back. The manager assured me that there will be sth else for me to do. When I arrived he sent me to the same job, I was doing day before. When I questioned it he said ,,There was no more job for me on machines in your department'' and if I could not do this job then I am unfit for work''
I felt really upset and confused because of the lack of support and nobody ever told me that I will not be back to my old job.
I felt down and useless. My doctor sign me off work with depression. I spoke to my manager on that day and sent a fit note. They referred my to Occupation Health Advisor on the second day of my absence (I rescheduled it for week after as I felt it was too soon) In the first week of my absence they called my mobile twice, which I did not answer and sent 2 threating letters that they would suspend the CSP. I spoke to my GP and psychiatric doctor and I contacted the company advising of my attendance at HO meeting and asking to communicate by email as I was not feeling well enough to speak to them directly.
Two weeks later they suspended Company Sick Pay and I received no salary. I contacted them in writing and questioned the deduction. They did not pay me again. As you can imagine it did not help my health condition.
I officially complained about the deduction of salary , they responded that it was suspended because of lack of verbal communication, they said email was not enough.
During the sickness my manager did not agree any contact plan as The Attendance Policy says instead he just called me when he felt like it.
Now , they referred me for HO review and they want Advisor to confirm if contact by email with the company was reasonable in my case .
I am tired now and dont have a will to work for the company that treated me that way.
My question is Can I leave and claim constructive dismissal on the basis of unauthorized deduction of salary and not getting any support from the company after long term sickness.
Thank you all for your input.
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