Tweet
Hello, I've been wandering these forums for some time now and I thought now would be the time to ask for a bit of advice on a few things.
I have worked for the company in question for over 2 and a half years, so my employment rights should be solid. As you can imagine with most employers the honeymoon period has dwindled off and the subordinate relationship between myself and the employer becomes more pronounced. Things often get said off the record, particularly negative re-reinforcement.
As of background to this question, I was off work for a couple of days tending to my other half who had been in a minor car collision which required hospital treatment, in this time I had become rather Ill myself and needed an additional couple days to recuperate, not only for myself but for my other half also. The precedent of this absence I feel should in fact be the other half being in a car accident and selflessly bestowing her need for care onto myself.
However, it has been a well known fact in the hierarchy that I often partake in casual work away from my current employer, much like a few other of my colleagues, now for 2 and a half years they have turned a blind eye even to the point of allowing me to take my holidays to partake in said work.
Upon my return to work I was questioned about the authenticity of my illness, after providing the employer with pictures of the smashed up car via email you would have though they would have issue compassionate grounds. In fact on this occasion it was construed that I was working during my illness and the only proof they had was that my casual work (competition in mind) is in the events industry and has an events calendar on an official website.
Another twist is that the manager contacted me via phone and told me not to bother coming in for the remainder of the week (it was a bank holiday at the time), after returning to work I find that they had to employ members of staff from other departments to displace my absence.
Upon being questioned I had to remind the manager that his absence of proof and conjectures had little traction in his argument and that my trade union would most likely favor fact over fiction, it was then suggested to me that there would be more than one way to skin a cat.
Fortuitously after the dust had settled I referred to my contract which said I required written permission to work casually and then proceeded to compose a letter that would warrant an acknowledgment of my casual working, so if they intended to facilitate a dismissal on this subject I would have at least some definitive acknowledgement of my casual working.
My question is would this be a suitable legal instrument should the employer attempt to dismiss me later on for breach of contract, to pursue a legal endeavor on the grounds of Consent By Implication.
I have worked for the company in question for over 2 and a half years, so my employment rights should be solid. As you can imagine with most employers the honeymoon period has dwindled off and the subordinate relationship between myself and the employer becomes more pronounced. Things often get said off the record, particularly negative re-reinforcement.
As of background to this question, I was off work for a couple of days tending to my other half who had been in a minor car collision which required hospital treatment, in this time I had become rather Ill myself and needed an additional couple days to recuperate, not only for myself but for my other half also. The precedent of this absence I feel should in fact be the other half being in a car accident and selflessly bestowing her need for care onto myself.
However, it has been a well known fact in the hierarchy that I often partake in casual work away from my current employer, much like a few other of my colleagues, now for 2 and a half years they have turned a blind eye even to the point of allowing me to take my holidays to partake in said work.
Upon my return to work I was questioned about the authenticity of my illness, after providing the employer with pictures of the smashed up car via email you would have though they would have issue compassionate grounds. In fact on this occasion it was construed that I was working during my illness and the only proof they had was that my casual work (competition in mind) is in the events industry and has an events calendar on an official website.
Another twist is that the manager contacted me via phone and told me not to bother coming in for the remainder of the week (it was a bank holiday at the time), after returning to work I find that they had to employ members of staff from other departments to displace my absence.
Upon being questioned I had to remind the manager that his absence of proof and conjectures had little traction in his argument and that my trade union would most likely favor fact over fiction, it was then suggested to me that there would be more than one way to skin a cat.
Fortuitously after the dust had settled I referred to my contract which said I required written permission to work casually and then proceeded to compose a letter that would warrant an acknowledgment of my casual working, so if they intended to facilitate a dismissal on this subject I would have at least some definitive acknowledgement of my casual working.
My question is would this be a suitable legal instrument should the employer attempt to dismiss me later on for breach of contract, to pursue a legal endeavor on the grounds of Consent By Implication.
