Salary being withheld - Informed by Text!

[NormalWisdom]

My partner has just received a text message from her line manager informing her that her month's pay is being withheld unless she produces a "fit note" by 2pm tomorrow for 3 days of absence.

Her GP has already written to the employer stating it is not a requirement for absences of less than 7 days and not to waste his time with trivialities.

Not a good time of year to be doing this - Is it legal? what can be done immediately (well tomorrow)?

Adding complications to this is that it is her last pay packet from the employer, whilst retaining the same job in the New Year she will be working for a new company the work having being contracted out.

Some guidance would be much appreciated

Thanks = NW

[NormalWisdom]

She has done the self-cert. The contract makes no reference to anything outside standard Govt. guidelines

[NormalWisdom]

She is in a union and will certainly be doing that. Salary was due tomorrow and not having it will be painful!

[NormalWisdom]

She works in a School (Catering Manager)

[NormalWisdom]

Countdown said:

NormalWisdom said:

She works in a School (Catering Manager)

Is she employed by the School / LA or by an external company who the catering has been outsourced to?

Does she get Occupational Sick Pay or is it just Statutory Sick Pay?

How many days cumulative absence has she had this year?

New contract starts 1st Jan, employed by the school until 31st December She has had quite a bit of absence (c 25 days) all related to a single well-documented condition

[NormalWisdom]

Countdown said:

NormalWisdom said:

New contract starts 1st Jan, employed by the school until 31st December She has had quite a bit of absence (c 25 days) all related to a single well-documented condition

is it an Academy or Free School or is it still controlled by the LA? The reason i ask is that they may have different absence management policies.

It is an Academy. Absence policy (from 2007!) states nothing contrary to government legislation

[NormalWisdom]

barker22 said:

Has she sent a swift reply text back outlining her rights and pointing out that they are not allowed to withhold wages.

I did indeed (see below)

All (addressed to Head, HR and line manager also Union Rep)

Please note I have just received the following text message from xxxxxxx.

yyyyyyyy your salary is now on hold until you given me a Dr certificate. I've checked it is not illegal. Therefore please goto your Dr tomorrow. U may need to pay for one. I must have it by 2.00pm tomorrow for me to release your salary. Mo

I have been advised by my Union representative that this is in direct contravention of UK Employment law and the employment contract I had with the school.

Please familiarise yourself with the following (Link)

Getting the most out of the fit note Guidance for employers and line managers
https://www.gov.uk/government/uploads/system/uploa...

Most relevant is this sentence on page 3

“If your organisation requires medical evidence for the first seven days of sickness absence, it is your responsibility to arrange and pay for this.”

Please also refer to section 16.4 of the School’s own Attendance at Work Policy and Procedures which is in line with Government guidance.

I think it is in the best interests of all parties that my salary is paid on time and in full.

Regards - yyyyyyy

[NormalWisdom]

I do not believe the TUPE element is relevant in this case as she is employed by the school (academy) until 31st December this year, her employment with the contractor does not commence until the 1st January 2014.

[NormalWisdom]

Breadvan72 said:

Any claim against the employer will transfer to the contractor, and, incidentally, I imagine that the contractor won't be best pleased to be landed with the claim that will arise if the outgoing employer persists in its unlawful stance.

Ah, excellent point BV, thanks very much, I had overlooked that. Will get her to forward the email to the new employer "for information"

[NormalWisdom]

Well oddly the salary was present in the bank account in full at 5am yesterday morning (the 2pm piece seems to have been an idle threat).

Just to clarify, the 25 days' absence was due to a Gall Bladdder removal and subsequent complications

[NormalWisdom]

mjb1 said:

Presumably same wife, same employer?

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

Seems like someone has it in for her.

Indeed, same woman actually. Now being dealt with by the union's legal team

[NormalWisdom]

Countdown said:

When transferring out of LA control some Academies have tried to replace functions such as HR and Finance with unqualified and inexperienced admin staff.

This is so very true in this case. That said, incumbent "Finance Director" (Partner's line manager) has no formal accounting qualifications and has been there for years (even before academy status) and HR person has some quite startling interpretations of government legislation. As a pair they are quite the enigma!