Advice please

[Zantestar]

My daughter went to a return to work meeting after being off work for 7 months due to cancer .At the meeting nothing was discussed regarding returning only the boss and his wife firing things at her regarding her performance and issues resulting them demoting her .They pay her the same and put on reduced hours for 4 weeks but if not return full time then they won't pay full rate . Daughter was stunned and walked away an hour later text arrived saying let's move forward etc .Daughter asked via text for all of the meeting in writing texts back and forth some nice some bit of offish however nothing arrived so wrote all grievances down and sent He ignored and she had to keep messaging him . He then emailed saying about a meeting but an investigation that had been spoken about in meeting was on hold she emailed asking what he meant as nothing had been mentioned at return to work meeting if it had she would have put in grievance letter Anyway this was November she did not attend first grievance meeting as he only told her night before again she asked for all information in writing nothing till another date given but nothing about meeting grievances in writing so she contacted a solicitor for advice who said to ask for someone else to do meeting as the bosses are a couple and work from home he ignored so the night before daughter again on advice declined now he has taken advice and got an HR company in and emailed her with meeting date saying 1st half grievance 2nd half fact finding meeting and depending on that could be discapliary can he really get away with this . Solicitor is no win but says she should attend but has no union or colleauge to take he did say in email he pay until sorted but now accusing her of being absent without permission as she not return to work but seems like HR company has advised and he didn't pay her and didn't tell her he wasn't going to .She has emails and texts etc and not one says anything about investigation until she told him he didn't follow correct procedure Help please meeting tommorow.My daughter was in a managers post and feels the person been put in was promised a managers job in company but due to others moving around there is only her post but she can't prove anything as there buisness is run from home !

[Kati]

Re: Advice please

:bump: for [MENTION=19071]teaboy2[/MENTION] [MENTION=26290]mariefab[/MENTION]

[Zantestar]

Re: Advice please

Is this post in the right forum xx

[Kati]

Re: Advice please

Is this post in the right forum xx

I'll move it to the employment section for you xx

- - - Updated - - -

done xx

[mariefab]

Re: Advice please

Has she attended work at all since the return to work meeting?

[Zantestar]

Re: Advice please

No return to work wasn't mentioned till that night when he text and put oops nearly forgot come back Thursday afternoon this was on the Monday she worked 2 hours am then went to their house as she doesn't drive then he dropped her off as he went to his work but as I say he said he would pay full for 4 weeks but if she wasn't able to return full time he couldn't pay full thing is her health ok had letter from consultants to say so why say that except as he demoted her there's only 2 staff needed in morning so 1 plus temp manager also solicitor said if she goes back she accepting things in the meeting they also told her she could no longer go to their house ! So taking away her transport knowing 2 buses there and back be needed also her eldest went to her place of work after school never been a problem on either issues but now told no she did explain in grievance letter she felt she couldn't return till sorted they were friends she arranged their wedding and helped with child and never moaned when he paid her late

[Openlaw15]

Re: Advice please

My daughter went to a return to work meeting after being off work for 7 months due to cancer .At the meeting nothing was discussed regarding returning only the boss and his wife firing things at her regarding her performance and issues resulting them demoting her .They pay her the same and put on reduced hours for 4 weeks but if not return full time then they won't pay full rate . Daughter was stunned and walked away an hour later text arrived saying let's move forward etc .Daughter asked via text for all of the meeting in writing texts back and forth some nice some bit of offish however nothing arrived so wrote all grievances down and sent He ignored and she had to keep messaging him . He then emailed saying about a meeting but an investigation (?) that had been spoken about in meeting was on hold she emailed asking what he meant as nothing had been mentioned at return to work meeting if it had she would have put in grievance letter Anyway this was November she did not attend first grievance meeting as he only told her night before again she asked for all information in writing nothing till another date given but nothing about meeting grievances in writing so she contacted a solicitor for advice who said to ask for someone else to do meeting as the bosses are a couple and work from home he ignored so the night before daughter again on advice declined now he has taken advice and got an HR company in and emailed her with meeting date saying 1st half grievance 2nd half fact finding meeting and depending on that could be discapliary can he really get away with this . Solicitor is "no win" but says she should attend but has no union or colleauge to take he did say in email he pay until sorted but now accusing her of being absent without permission as she not return to work but seems like HR company has advised and he didn't pay her and didn't tell her he wasn't going to .She has emails and texts etc and not one says anything about investigation until she told him he didn't follow correct procedure Help please meeting tommorow.My daughter was in a managers post and feels the person been put in was promised a managers job in company but due to others moving around there is only her post but she can't prove anything as there buisness is run from home !

This is discriminatory treatment towards a person with cancer. Did the employer ask of her condition, whether she feels ready to return to work? He owes your daughter a duty of care to ensure she is not overwhelmed by the return to her work and where necessary to make reasonable adjustments but without your daughter losing financially. Your daughter could simply leave her employ and take the employer to tribunal for constructive dismissal. You could potentially join a claim for constructive dismissal with a discrimination claim. The other Legalbeagles will add their own views.

[mariefab]

Re: Advice please

On what date did her sick note run out?

[Zantestar]

Re: Advice please

Well she kept contacting him saying it was due to run out he set a meeting before it did but an hour before cancelled then said have to wait till it ran out so it ran out on 11th nov Thursday I think and meeting was around a week later

[mariefab]

Re: Advice please

So, her last day under her sick note was Thursday 11th November.
Did she go to work on Friday 12th November?

[Zantestar]

Re: Advice please

Thank you for reply he demoted her because he says they found 18 months worth of registers at the back of a filling cabinet despite her telling him she handed a lot in feb
that 2 staff would leave if she went back
that another place failed an offsted report as they had to sort her work out this we know not true as the report was there for all to see why it failed .
she was never in the room and parents thought the boss was her this really hurt her as she was always understaffed and constantly saying so in fact a parent said she was sorry her get well card was late but understood boss was sending one round and doing a collection they also said she could no longer go to their house to get a lift for afternoon shift she did say in grievance letter this was not a return to work meeting

[Openlaw15]

Re: Advice please

Thank you for reply he demoted her because he says they found 18 months worth of registers at the back of a filling cabinet despite her telling him she handed a lot in feb
that 2 staff would leave if she went back
that another place failed an offsted report as they had to sort her work out this we know not true as the report was there for all to see why it failed .
she was never in the room and parents thought the boss was her this really hurt her as she was always understaffed and constantly saying so in fact a parent said she was sorry her get well card was late but understood boss was sending one round and doing a collection they also said she could no longer go to their house to get a lift for afternoon shift she did say in grievance letter this was not a return to work meeting

This is quite appalling treatment. I am so sorry that your daughter has, had cancer by the way. He sounds like he's just trying to cover his back. How long has your daughter been in this management post, were they any problems brought to your daughter's attention in any period prior to her going off work with her cancer concerning, in his view, her inability to do the job?

[Zantestar]

Re: Advice please

No she had to wait for them to arrange a meeting think it was the following Monday he didn't say about work meeting was 10 am at their house an hour or so later he text saying well personally glad that's over good to see you looking well let's put this horrible year into history and move forward that night he text saying oooops nearly forgot start work Thursday afternoon as she does morning has break then afternoon said do afternoons for 4 weeks on full pay but after that if not able to do both shifts he couldn't sustain paying full she could have gone back on full pay less hours and stress as he said but she's adamant she well enough and he made it difficult as staying at their house meant she had transport

[Zantestar]

Re: Advice please

Hi thank you she's in remission but has her 1st check up next week no problems she was there as acting manager for a few months then in sept 14 made manager responsible for things including registers which is funny as sept to when she went sick is 18 months now what buisness would allow this for a manager not to happens any in she did say she been told off about remembering registers but she went there every day looked after their son when he was at home went shopping with them organised their wedding but saying that throughout her illness and treatment they never once rang her sent her a card or anything .the only way they knew anything was when her partner picked her son up from school and he would pop in to tell them or give sick note in

[mariefab]

Re: Advice please

Did she do afternoons for 4 weeks?