Employer issue, exhausted all options.
Discussion
Would appreciate advice on this one.
2 people involved.
The first person goes off sick with work related stress for a number of weeks. Upon his return, the second person goes off sick with work related stress, also for a number of weeks. This isnt the issue, the employer done their part in phasing them back to work and ensuring all was ok.
Where it gets concerning is the pay. Person 1 had a no pay decision, so he appealed, and won, and they paid him for his absence.
Person 2 comes back to work, and a no pay decision, he also appeals, but is refused. So he requests a written explanation. The explanation is "due to absence record"
Person 2 has a written warning for absence, person 1 has a FINAL written warning, so person 1 who has been paid, actually has a worse record for absence. Not that it matters but 90% of person 2's absences were related to sinus issues which he had an operation for in July last year. But as i said i understand absence is still absence.
Person 2 then appeals to a higher manager, and gets the same response. Person 2 is advised he has no further right to appeal.
Person 2 is pissed off!
Obviously i am person 2, am i only seeing this from my side or does it seem unfair?
Chris
2 people involved.
The first person goes off sick with work related stress for a number of weeks. Upon his return, the second person goes off sick with work related stress, also for a number of weeks. This isnt the issue, the employer done their part in phasing them back to work and ensuring all was ok.
Where it gets concerning is the pay. Person 1 had a no pay decision, so he appealed, and won, and they paid him for his absence.
Person 2 comes back to work, and a no pay decision, he also appeals, but is refused. So he requests a written explanation. The explanation is "due to absence record"
Person 2 has a written warning for absence, person 1 has a FINAL written warning, so person 1 who has been paid, actually has a worse record for absence. Not that it matters but 90% of person 2's absences were related to sinus issues which he had an operation for in July last year. But as i said i understand absence is still absence.
Person 2 then appeals to a higher manager, and gets the same response. Person 2 is advised he has no further right to appeal.
Person 2 is pissed off!
Obviously i am person 2, am i only seeing this from my side or does it seem unfair?
Chris
IanA2 said:
IANAL, but a few questions.
Public or Private sector?
Private
Contractual rights?
I have no no rights to the pay according to the absence policy, its company discretion, but the issue is they have paid someone else in the same situation with a worse absence record then state that my record is the reason for pay refusal...
Any diversity issues?
Both white english, and fat (LOL)
Notwithstanding clarification, unless you have compelling other reasons, I'd be looking for another job.
Public or Private sector?
Private
Contractual rights?
I have no no rights to the pay according to the absence policy, its company discretion, but the issue is they have paid someone else in the same situation with a worse absence record then state that my record is the reason for pay refusal...
Any diversity issues?
Both white english, and fat (LOL)
Notwithstanding clarification, unless you have compelling other reasons, I'd be looking for another job.
Edited by Palmers on Sunday 8th February 14:19
Palmers said:
IanA2 said:
IANAL, but a few questions.
Public or Private sector?
Private
Contractual rights?
I have no no rights to the pay according to the absence policy, its company discretion, but the issue is they have paid someone else in the same situation with a worse absence record then state that my record is the reason for pay refusal...
Any diversity issues?
Both white english, and fat (LOL)
Notwithstanding clarification, unless you have compelling other reasons, I'd be looking for another job.
Public or Private sector?
Private
Contractual rights?
I have no no rights to the pay according to the absence policy, its company discretion, but the issue is they have paid someone else in the same situation with a worse absence record then state that my record is the reason for pay refusal...
Any diversity issues?
Both white english, and fat (LOL)
Notwithstanding clarification, unless you have compelling other reasons, I'd be looking for another job.
Edited by Palmers on Sunday 8th February 14:19
JustinP1 said:
So this month you've:
Been off sick with stress and given a warning.
Your other half has lost her job.
And you've sold a car on eBay and the buyer wants to return it.
I'm glad you've joined - your problems keep this forum going!
If the above is true, it says something about you that you're enjoying the entertainment provided by the misfortunes of others. Been off sick with stress and given a warning.
Your other half has lost her job.
And you've sold a car on eBay and the buyer wants to return it.
I'm glad you've joined - your problems keep this forum going!
ReaderScars said:
JustinP1 said:
So this month you've:
Been off sick with stress and given a warning.
Your other half has lost her job.
And you've sold a car on eBay and the buyer wants to return it.
I'm glad you've joined - your problems keep this forum going!
If the above is true, it says something about you that you're enjoying the entertainment provided by the misfortunes of others. Been off sick with stress and given a warning.
Your other half has lost her job.
And you've sold a car on eBay and the buyer wants to return it.
I'm glad you've joined - your problems keep this forum going!
I'd have to say that if I was an employer, and had an employee off work for several weeks with work-related stress, I wouldn't pay him a penny I didn't legally have to, unless there was something about the work I required him to do that was unduly stressful (such a crime-scene clear up after a mass machete murder).
Palmers said:
Would appreciate advice on this one.
2 people involved.
The first person goes off sick with work related stress for a number of weeks. Upon his return, the second person goes off sick with work related stress, also for a number of weeks. This isnt the issue, the employer done their part in phasing them back to work and ensuring all was ok.
Where it gets concerning is the pay. Person 1 had a no pay decision, so he appealed, and won, and they paid him for his absence.
Person 2 comes back to work, and a no pay decision, he also appeals, but is refused. So he requests a written explanation. The explanation is "due to absence record"
Person 2 has a written warning for absence, person 1 has a FINAL written warning, so person 1 who has been paid, actually has a worse record for absence. Not that it matters but 90% of person 2's absences were related to sinus issues which he had an operation for in July last year. But as i said i understand absence is still absence.
Person 2 then appeals to a higher manager, and gets the same response. Person 2 is advised he has no further right to appeal.
Person 2 is pissed off!
Obviously i am person 2, am i only seeing this from my side or does it seem unfair?
Chris
I take it that what you've said about person 1 cannot be confirmed; it's what you think has happened and/or what they've told you?2 people involved.
The first person goes off sick with work related stress for a number of weeks. Upon his return, the second person goes off sick with work related stress, also for a number of weeks. This isnt the issue, the employer done their part in phasing them back to work and ensuring all was ok.
Where it gets concerning is the pay. Person 1 had a no pay decision, so he appealed, and won, and they paid him for his absence.
Person 2 comes back to work, and a no pay decision, he also appeals, but is refused. So he requests a written explanation. The explanation is "due to absence record"
Person 2 has a written warning for absence, person 1 has a FINAL written warning, so person 1 who has been paid, actually has a worse record for absence. Not that it matters but 90% of person 2's absences were related to sinus issues which he had an operation for in July last year. But as i said i understand absence is still absence.
Person 2 then appeals to a higher manager, and gets the same response. Person 2 is advised he has no further right to appeal.
Person 2 is pissed off!
Obviously i am person 2, am i only seeing this from my side or does it seem unfair?
Chris
Any advice can only be very general without seeing the terms of your contract.
singlecoil said:
ReaderScars said:
JustinP1 said:
So this month you've:
Been off sick with stress and given a warning.
Your other half has lost her job.
And you've sold a car on eBay and the buyer wants to return it.
I'm glad you've joined - your problems keep this forum going!
If the above is true, it says something about you that you're enjoying the entertainment provided by the misfortunes of others. Been off sick with stress and given a warning.
Your other half has lost her job.
And you've sold a car on eBay and the buyer wants to return it.
I'm glad you've joined - your problems keep this forum going!
I've noted that a new member has been brave enough to post up three separate things in a month in the first month after joining. That's unlucky, however, I'm happy to say that on the first two occasions it seems that he has been lucky enough to end up with good outcomes.
That's the lifeblood of this forum. Not only for people to get advice, but to provide a searchable archive for people in the same position.
Did person 1 come back to work and have his pay reinstated before person 2 went off sick?
Maybe the employer is looking at this as 'person 2 saw person1 take an extended period of time off with a particular issue and get paid for it and fancied a bit of that for himself.'
If so, obviously the employer would want to nip that in the bud before an epidemic started...
Maybe the employer is looking at this as 'person 2 saw person1 take an extended period of time off with a particular issue and get paid for it and fancied a bit of that for himself.'
If so, obviously the employer would want to nip that in the bud before an epidemic started...
Im not acting by word of mouth on person one. I was in his final warning a witness for absence and i also have his payslip that states it was backdated. So im acting on facts.
I went off before he was due back so i dont think it was anything along those lines.
And tell me about it,what a few months aye!!
I went off before he was due back so i dont think it was anything along those lines.
And tell me about it,what a few months aye!!
roofer said:
Personally, I think anyone who goes off for weeks with stress is of no use to man nor beast. But then I'm old school, Give a man a good weeks graft, and he'll give you a good weeks pay, take liberties with namby pamby excuses, get nothing.
Fortunately working policies have evolved since 1880. 
Vaud said:
roofer said:
Personally, I think anyone who goes off for weeks with stress is of no use to man nor beast. But then I'm old school, Give a man a good weeks graft, and he'll give you a good weeks pay, take liberties with namby pamby excuses, get nothing.
Fortunately working policies have evolved since 1880. singlecoil said:
Changed, not evolved
I think the UK strikes a pretty good balance, all told between the "flexibility" and constructs, of say, German workers councils and the harsh binary nature of, say the US. Our system isn't perfect but nor completely flawed. So hence my choice of "evolved" Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff