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Employer making threats of dismissal, a series of events.

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  • Employer making threats of dismissal, a series of events.

    Hey everybody, hoping someone in here can offer some advice on our current predicament.

    Firstly, I am writing here on behalf of our my better half, who is currently employed by a considerably sized company which runs a number of care homes.

    My better half injured their back at work in May this year, after an issue of a colleague deciding the moving of a resident needed at the time was below them, leaving my other half to either cope alone or jeopardise the care of the resident. My OH is currently under the care of physios, GP, and has attended occupational health assesments when they have been requested. OH is awaiting a course of treatment from pain clinic, and current projections from health care professionals put her estimated return to work at late Dec / Early Jan.

    OH has today received a pay packet of £98 for a 4 week period of SSP, when OH contacted line manager reference this OH was informed that the company had lost the sick certificate, which was handed into the place of work, and were therefore unable to pay the remainder until they had a new sick certificate, this was the first OH knew of this, and line manager has advised getting a new sick note from GP and the company will see if they can put the rest of the monies in the next pay packet due in 4 weeks time. Can they do this? Should we be alarmed at the loss of what I think is a medically confidential document? The company has also sent OH payslips from all the other paydays in one go, and they have paid 4 weeks SSP in one month along with a weeks holiday pay, again unknown to OH until now. Whilst on the phone today the line manager mentioned that they had not heard anything from occupational health, we received a copy of their letter weeks ago, so OH told them how things are currently progressing and that they anticipated a hopeful return date approx 8 weeks after the start of pain clinic intervention, at this point line manager proceeded to say "Well you probably won't be back then, perhaps this isn't the job for you if your back is a problem", and started talking about meetings and possible dismissal. Subsequent to OHs' injury another person performing the same role has been injured although to a lesser extent again due to lack of willingness of other colleagues to do their job, however this person has been offered a change to shifts from nights to days, where there is more support around for any manual handling tasks, this other member of staff also happens to be the line managers daughter.

    Can anyone suggest a sensible course of action, we have considered contacting a solicitor although with her company paying such amounts as above the costs are offputting at best, or perhaps a meeting with the line manager, bringing up the lost sick note confidentiality issue, lack of action over staff not performing role leading to at least two similar injuries possibly more etc and see the reaction, but are a little lost on what OHs' rights are, and what to do with those rights if anything.

    Any advice gratefully received
    Tags: None

  • #2
    Re: Employer making threats of dismissal, a series of events.

    The business of the sick note being lost as an excuse by the employer is pure hog wash and i will deal with that in a moment

    how long have you been employed for

    Comment


    • #3
      Re: Employer making threats of dismissal, a series of events.

      OH has been employed there for approaching 3 years

      Comment


      • #4
        Re: Employer making threats of dismissal, a series of events.

        ill be back in an hour

        Comment


        • #5
          Re: Employer making threats of dismissal, a series of events.

          again this is classed as unlawful deduction of wages through their own neglect

          why should you have to wait another 4 weeks to be paid what you are lawfully entitled to

          the employer should make an immediate payment and any overpayment can be rectified at your next pay cycle

          you need a paper trail now so send an email and DEMAND that the payment is paid into your account with immediate effect, the company has committed an offence under section 13 employment rights act unlawful deduction of wages. if they lost your sick note then the line manager would have had to inform you as would be classed as absent from work without a reasonable explanation. HR also should have picked this up as well

          tell them you will approach your GP and get a replacement sick note but it is on condition the wages are paid with immediate effect. that shows you are being reasonable in any employment tribunal claim.

          the most omportant thing is writing out a grievance on the points i have mentioned and give them 7 days to rectify the disagreement or a claim will be submitted to the employment tribunal service

          off the record

          i think your line manager has messed up big time and is trying to correct things on the qt

          try contacting HR direct first and go above this line manager

          after all he has lost the sick note and not taken adaquate care in your personal data

          Comment


          • #6
            Re: Employer making threats of dismissal, a series of events.

            Many thanks miliitant,

            Will get an email off to HR tonight/ first thing tomorrow morning and will keep updated here on any progress.

            Comment


            • #7
              Re: Employer making threats of dismissal, a series of events.

              You could also report the injury ot the Health and Safety Executive.

              There may be a personal injury claim against the employer, as it is not a safe system of work if several workers have had similar injuries and therefore the employeer may well be in breach of health and safety requirements.

              Comment


              • #8
                Re: Employer making threats of dismissal, a series of events.

                Thanks springerspaniel too

                A personal injury claim is something I think OH has some reservations about due to the working relationship with line manager which can be very fragile at times, maybe at a later date depending on what transpires with current events I guess, but OH is reluctant to jeopardise position further.

                HSE might be worth looking into further though, the "working practice" of a single member of staff potentially being left on their own to do a two person job has since been addressed as I understand from OHs' work colleagues, but not before further members of staff were subjected to such circumstances and injured too as a result. When OH attended occupational health appointment, the assessor there mentioned he had seen another member of staff on that day, with a similar complaint, caused by the same lack of action by a certain grade of staff (sadly we don't know who the other person was at the moment).

                Comment


                • #9
                  Re: Employer making threats of dismissal, a series of events.

                  working relationship with line manager which can be very fragile at times

                  THAT SAYS IT ALL

                  go direct to HR to see if they can sort this out direct

                  Comment


                  • #10
                    Re: Employer making threats of dismissal, a series of events.

                    Do your OH belong to a trade union or a professional body like the Royal College of Nursing?
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #11
                      Re: Employer making threats of dismissal, a series of events.

                      Hey there bluebottle,

                      No my OH doesn't belong to a professional body, sadly the other grade I mentioned earlier are the ones who belong to said body. And not a member of a union either presently I'm afraid.

                      On a lighter note, the email has gone to HR directly today, will see what becomes of that, and again thanks for all your continued interest and advice folks.

                      Comment


                      • #12
                        Re: Employer making threats of dismissal, a series of events.

                        Have just received the following back from HR:

                        Hi ********
                        Thank you for your email regarding your sick leave.

                        Your sickness was entered onto AMS - the sickness system - up until 17 September and therefore when the report was run at the end of the pay period the SSP applicable to this sickness period was calculated and this is the amount that was paid to you today.

                        I have checked our records and can confirm that the sick note for the period 17 September to 15 October has been received in Payroll and this has been entered onto the system and will therefore be processed for you in your November pay. There is therefore no need to request a duplicate from your GP. Unfortunately, the sick note was not received until after the report was run which is why it was not paid to you in your October pay.
                        ***********
                        Payroll Administrator


                        Am I correct in thinking that a failure with their ability to manage OHs' sick certificate in a timely manner, let alone the fact OHs' local management and HR are unable to keep to the same story about whether such a sick certificate exists, is not a valid reason for witholding wages until the next pay cycle? Again, any advice gratefully recevied.
                        Last edited by WayOutHere; 19th October 2012, 16:04:PM.

                        Comment


                        • #13
                          Re: Employer making threats of dismissal, a series of events.

                          what date did you give the sick note to your manager

                          Comment


                          • #14
                            Re: Employer making threats of dismissal, a series of events.

                            Sick note was completed by GP on 14th, and handed in on the morning of Saturday 15th Sept

                            Comment


                            • #15
                              Re: Employer making threats of dismissal, a series of events.

                              So the cut off date is a lame excuse

                              its down to the incompetence of the line manager

                              do you agree

                              WHAT DAY OF THE MONTH IS YOUR NORMAL PAY DAY

                              Comment

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