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A couple questions; re Breach of contract / duty of care, sick leaves, holidays, SAR

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  • A couple questions; re Breach of contract / duty of care, sick leaves, holidays, SAR

    Hi Experts,

    I am leaving my workplace - a decision I made after repeated threats and bullying by bosses. There's no HR, so after 5 months of escalating that there is no heating - I had constant sinusitis between Nov-March, the health issue peaked in an otitis media in March whereby I didn't hear anything but loud noise on the right side for weeks - I was told 1) I am antagonistic putting stuff in writing (something I was threatened if doing my employment suffers, multiple times) and employer only meets to discuss with legal representation but alternatively I shall file an official complaint accoridng to the grievance procedure. That said, the grievance procedure goes to the directors, me being represented by my supervisor who is direct report to the director I would complain about AND who is a decision maker in the complaint. No HR support available for employees, the director "consults" an outside HR firm.
    So I decided to leave instead of damaging my own reputation, I found them not being worth it (and I found a much better job quite quickly.)
    I never filed the official complaint.

    Today I was again handled "very fairly" (as employer calls it) when, upon requesting information, the accountant made a statement that what I consider sufficient information is irrelevant. So, to avoid any dispute over my considerations, and the "very fair" treatment and it's "irrelevance", I filed a SAR with the employer - including all the issues I had with them, since if they want the fee I don't want to pay multiple times.

    I was asked if it needs to be fulfilled because "it's quite official" and I was asked if I am preparing a claim against someone. I said the truth: No, but I am leaving due to having hadd to decide whether I bring in a lawyer or I leave, and if someone acts grossly, I may file a claim later and wish to have my information so I don't have to engage in disputes or be told I am irrelevant again.

    Is a SAR to the employer in this case OK?

    Also, last December, after I returned from sick leave they notified me I exceeded the contractually 100% payment sick leaves and fall back on statutory pay. It was 1 week before December/Christmas salary and they meant to deduct, moreover I had no GP certificate about my flu (it was less than 5 days which is the limit to bring one.) Later I found out that the assistant forgot to remind me, but of course this was only shared behind my back. They settled with claiming 5 days holiday from this year and waiving 2 days (I was 7 days over.)
    Then they changed the 5 days holiday to 5 days sick leave from this yr - while still not caring at all about the heating and them damaging my health. I gave them the ACOP, to that they reacted in buying thermometers - which proved that at my desk is hardly 18 degrees - not the "reasonable comfort" and elsewhere is warmer. They said I should consult my supervisor what they are doing to fix it, but honestly they were doing nothing - playing for time until spring comes. Anyways, I was off sick and pushed them to allow me working from home - to which I provided GP certificates (it was a nerve-wrecking hassle to get it through, still with certificates.) Question is is it legal even to use holidays or sick leaves like this?

    In my opinion, the 5/6 months of escalations, them doing nothing re heating, but pushing and bullying me is a breach of contract as they failed in their duty of care. I should've resigned immediately when I was told - to my concern of favoritism, bullying, impartial judgement, negligence and even the threats, pointing out how even the grievance process is biased by these - that I should refer to the process only, but I didn't want to damage my career or reputation. I was not denied representation but was told the person who shall represent me is XY who "happens" to directly report to the person my complaint would be about.
    Isn't this a breach of contract then?

    Any thoughts?

    PS; I have the three required escalated bully situations as well. Of course they have done nothing to address them. Once the director told me to stay silent aka "be smarter than the one who bullies"
    Tags: None

  • #2
    Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

    When did you start working there?

    Comment


    • #3
      Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

      oct 2011 and at the end of this month I am free finally

      Comment


      • #4
        Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

        OK - well in law you have the right to make a legal claim, but frankly my advice is forget it and move on because I am quite certain you will lose. And that winning won't be worth the effort or a brass farthing.

        You have resigned, therefore your only possible claim is constructive unfair dismissal. Less than 3% of such cases win. In order to stand a chance of winning you must first have exhausted your employers grievance procedure except in rare circumstances which do not apply here. You haven't even started a grievance procedure. Your legal duty is to try to resolve matters without recourse to law, and you didn't. Escalation doesn't count - grievances and appeals are the only things that count, and you did not use the grievance process.

        And yes, it is "legal" to use holiday as sick leave. It isn't good practice and some employers will not permit it - but it was your choice, you could have said no and been on reduced pay. I am not seeing either evidence, no due process (grievances) in any of your complaints - and you cannot now suddenly produce evidence that you refused to use in the workplace and make a legal claim.

        And what will you gain? You have a better job. So IF you made a successful claim, which I doubt, your compensation would be almost nothing.

        By the way, for future reference, HR are paid by the employer to be on their side. No matter how nice they may appear to be, that is their job. You want someone on your side, then you join a trades union. You pay them for representation - you don't pay HR for anything!

        I would move on and focus on your new job and making that work for you...

        Comment


        • #5
          Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

          OK - well in law you have the right to make a legal claim, but frankly my advice is forget it and move on
          That is what I decided to do For all the reasons you noted plus all the stress which was making me sick - I needed no more of it Tbh I didn't do the grievance procedure as it was a joke: submit the claim, be represented by someone who directly reports to the person the claim is about, and the person who the claim is about is the person judging the grievances submitted. You confirmed what I have thought And that is why I think they act like this: it's obvious I decided to leave instead of proceeding with this further. My health wasn't worth more damage because of them.

          This company has no HR whatsoever. No one, seriously, not even someone who is partially HR. No one available for employees.

          My only question remaining is, my SAR request is valid, right? I can have my data? Because if today's an indication, without legal backing any request I make is "irrelevant."

          One more question, is the Employee Handbook to be returned at the end of employment?

          Comment


          • #6
            Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

            I am not sure what you have asked for or what you think you will get. You will get a copy of information held about you - not the originals, which they will keep. But some materials can be redacted (not released) by employers in some circumstances.

            It's up to the employer - if they want the handbook back then give it to them. Not worth arguing about!

            Comment


            • #7
              Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

              TBH, re the SAR, so far it seems they would not do it - saying they never had to do anything like it / or they wouldn't want to do it, there is information about me that is probably people's opinion or "monitoring" etc. But it is possible to file a SAR with an employer (according to what I know) or is it not?

              Comment


              • #8
                Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

                Yes it is.

                Comment


                • #9
                  Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

                  The reference to section 6 (link) of the Offices, Shops and Railway Premises Act 1963 was supportive of the point that the minimum working temperature in law was 16'C and that exceptions applied.

                  Comment


                  • #10
                    Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

                    Put the link back please Cloggy, the link and ONLY THE LINK please

                    Comment


                    • #11
                      Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

                      Originally posted by Sapphire View Post
                      Put the link back please Cloggy, the link and ONLY THE LINK please
                      I'm not gonna look, I'm not gonna look...........:suspicious:
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: A couple questions; re Breach of contract / duty of care, sick leaves, holidays,

                        The reference to section 6 (link) of the Offices, Shops and Railway Premises Act 1963 was supportive of the point that the minimum working temperature in law was 16'C and that exceptions applied.
                        Hi CC,
                        Yes and it says that it should provide "reasonable comfort" without extensive clothing, I told the dear employers. It also notes that temperature must be monitored and monitoring available for all employees throughout the premises. And that employees shall not be required to wear extra clothing to ensure their own health doesn't get damaged. Now if you feel you need hat and gloves sitting at your desk cos your fingers freeze when typing, that is not reasonable comfort I thought... but this people didn't believe me. Later the thermometers proved that at my desk it's 3-4 celsius lower than 5 meters away from me (strange.)

                        I gave this ACOP (a summary document from the HSE website) to them. The result was that they ceased providing information or engaging in any discussion (and bought thermometers so it got proved that it's cold.)

                        I also sent them a summary of what is return to work interview, what the employer *can do* to ensure employees don't fall back once they returned to work. None has even asked me how I am when I returned to my 17 celsius desk for 8 hours / day...

                        They are really just to be left alone with their issues, I won't take this further with them (unless they do something gross that gives me the ground, e.g. talk negatively publicly, provide false references or something similar.) I won't poison my new life and job with dealing with these bunch

                        Comment

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