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  • miss.a
    redundancy & loan
    I work for the county council and have been given my notice of redundancy. My last day will be 1st Sept 2012. I have expressed interest in redeployment but there has been no support and I'm running out of time!I took out a loan two years ago £125 per month. 8 years left to go!! Even though I have applied for other jobs I am concerned that within two weeks I will be unemployed and may have to receive JSA. How to I possibly pay off the loan and other bills on £60 per week. I pay rent and council tax. My current outgoings are £900 per month on rent and bills. I live on my own and have already made all the cutbacks I can. I do not have any credit cards. Can I freeze the loan payments?

    Hope you can help

    Thank you
    • avantra
    • By avantra 16th Aug 12, 10:03 PM
    • 1,285 Posts
    • 902 Thanks
    avantra
    Something not right here
    I will try to keep it short.

    Two weeks ago we adopted a gorgeous little girl (17 month old).

    My wife is a senior consultant in a large UK based firm (6 years) and took a full year adoption leave.

    Last Friday she got a call from he line manager to come for a meeting, they didn't want to tell her why, didn't want send a written invitation and advised other people not to contact my wife, including preventing a colleague from escorting my wife even though she have the right to be escorted AFAIK (we have this recorded from voice mails).

    As our baby only start to bond with us I had to take half a day off to be with her (she didn't have the chance meeting anyone else yet) so my wife can go and attend this 'secret' meeting.

    My Wife went to the meeting accompanied by friend from work (different department) to be told that her position is potentially at risk as her productivity level in the last year is too low.

    In the last year my wife was trying to get as much work as she can but a new team leader basically 'dry' her her work and recruited more people that now also experience low productivity.

    Her attempts to get more work in her department and across the biz are well documented.

    In the meeting all that was given is advice how to improve her CV and they want to start the notice period in one month from now.

    As far as I know if you are on adoption leave a suitable alternative job should be on offer. Currently a different department in the company advertise a similar position (lower grade but same job never the less)

    Edited the above: Just found out that a senior position at the same grade (exactly the same job as my wife do) is advertised as well by this other department since Wednesday.

    Was HR wrong by not mentioning this?
    Should HR actually offer this job first to my wife as she is on adoption leave?

    Was the company wrong by insisting that all this has to be in person and a teleconference/letter other communication methods are not possible in light of the early weeks we are into the adoption (this is a crucial attachment period).

    Another thing cross my mind, they had the entire year to do this but waited and started this now even though HR applied/negotiated the entire adoption leave process to begin with?


    If my wife decide to appeal should she take the path of the poor selection criteria as she was the only female in her department for so long (there is another woman doing the same job but she just came back from maternity).

    My wife fully understand that there is less work to go around but we are just a bit poplex why now when all the stress of a little one is here and she can't really put her mind fully to this invasion.

    They have no union where she work but would it be a good step to join a union now or is it too late when the qualifying benefits for new members only kicks in 3 or 4 month after joining (from Unite's web site)?

    Sorry but it came out longer than intended.
    Last edited by avantra; 17-08-2012 at 9:11 AM.
    Five exclamation marks the sure sign of an insane mind!!!!!

    Terry Pratchett.
  • CAB Malvern Hills representative
    I work for the county council and have been given my notice of redundancy. My last day will be 1st Sept 2012. I have expressed interest in redeployment but there has been no support and I'm running out of time!I took out a loan two years ago £125 per month. 8 years left to go!! Even though I have applied for other jobs I am concerned that within two weeks I will be unemployed and may have to receive JSA. How to I possibly pay off the loan and other bills on £60 per week. I pay rent and council tax. My current outgoings are £900 per month on rent and bills. I live on my own and have already made all the cutbacks I can. I do not have any credit cards. Can I freeze the loan payments?

    Hope you can help

    Thank you
    Originally posted by miss.a
    Hi

    This is actually a debt enquiry not redundancy/basic rights at work. You should re-post to the appropriate thread.

    You need to check if you have Payment Protection Insurance for your loan. Your local CAB will be able to assist with advice regarding negotiating with your creditors and debt management solutions while you are on a reduced income. Also www.adviceguide.org.uk has very good information and resources to enable you to manage this situation. On the Home page click on the tab 'debt and money'.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Malvern Hills representative
    I will try to keep it short.

    Two weeks ago we adopted a gorgeous little girl (17 month old).

    My wife is a senior consultant in a large UK based firm (6 years) and took a full year adoption leave.

    Last Friday she got a call from he line manager to come for a meeting, they didn't want to tell her why, didn't want send a written invitation and advised other people not to contact my wife, including preventing a colleague from escorting my wife even though she have the right to be escorted AFAIK (we have this recorded from voice mails).

    As our baby only start to bond with us I had to take half a day off to be with her (she didn't have the chance meeting anyone else yet) so my wife can go and attend this 'secret' meeting.

    My Wife went to the meeting accompanied by friend from work (different department) to be told that her position is potentially at risk as her productivity level in the last year is too low.

    In the last year my wife was trying to get as much work as she can but a new team leader basically 'dry' her her work and recruited more people that now also experience low productivity.

    Her attempts to get more work in her department and across the biz are well documented.

    In the meeting all that was given is advice how to improve her CV and they want to start the notice period in one month from now.

    As far as I know if you are on adoption leave a suitable alternative job should be on offer. Currently a different department in the company advertise a similar position (lower grade but same job never the less)

    Edited the above: Just found out that a senior position at the same grade (exactly the same job as my wife do) is advertised as well by this other department since Wednesday.

    Was HR wrong by not mentioning this?
    Should HR actually offer this job first to my wife as she is on adoption leave?

    Was the company wrong by insisting that all this has to be in person and a teleconference/letter other communication methods are not possible in light of the early weeks we are into the adoption (this is a crucial attachment period).

    Another thing cross my mind, they had the entire year to do this but waited and started this now even though HR applied/negotiated the entire adoption leave process to begin with?


    If my wife decide to appeal should she take the path of the poor selection criteria as she was the only female in her department for so long (there is another woman doing the same job but she just came back from maternity).

    My wife fully understand that there is less work to go around but we are just a bit poplex why now when all the stress of a little one is here and she can't really put her mind fully to this invasion.

    They have no union where she work but would it be a good step to join a union now or is it too late when the qualifying benefits for new members only kicks in 3 or 4 month after joining (from Unite's web site)?

    Sorry but it came out longer than intended.
    Originally posted by avantra
    Hi

    This is a complex and stressful situation. Your wife has had a meeting and been told that her position is 'at risk' in terms of redundancy.

    And employer should follow a proper procedure for selection for redundancy, if not this could be unfair.

    We would suggest that you contact ACAS - www.acas.org.uk
    Helpline - Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47.

    For face-to face advice from your nearest CAB - www.adviceguide.org.uk on R hand side of home page 'Get Advice' and post code search.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • speckylh
    Suitable alternative employment
    There is an organisational change at my work and I am at risk of redundancy. I am trying to find a definition of "suitable alternative employment" but everything seems a bit wooly!

    Who can decide what is "suitable"?

    The jobs at the next grade down from me are graded at about £11k less than my own - can I refuse due to the huge disparity in pay and still be entitled to a redundancy payment?

    Thanks
  • CAB Malvern Hills representative
    Suitabe alternative employment
    There is an organisational change at my work and I am at risk of redundancy. I am trying to find a definition of "suitable alternative employment" but everything seems a bit wooly!

    Who can decide what is "suitable"?

    The jobs at the next grade down from me are graded at about £11k less than my own - can I refuse due to the huge disparity in pay and still be entitled to a redundancy payment?

    Thanks
    Originally posted by speckylh
    Hi
    Whether the alternative job that your employer offers you is suitable will depend on a number of things. These include:
    • the sort of job it is
    • the pay you will get
    • the hours you'll have to work
    • where the job is located
    • your skills, abilities and personal circumstances.
    There is information on our website www.adviceguide.org.uk
    on this, and following on, the right to try out an alternative job.

    You may also want to talk to the ACAS Helpline:
    Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • speckylh
    Hi
    Whether the alternative job that your employer offers you is suitable will depend on a number of things. These include:
    • the sort of job it is
    • the pay you will get
    • the hours you'll have to work
    • where the job is located
    • your skills, abilities and personal circumstances.
    You may also want to talk to the ACAS Helpline:
    Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47.
    Originally posted by CAB Malvern Hills representative
    Thanks for this - what I need to know, though, is about pay - how much of a pay drop is "reasonable" or can your pay be cut drastically and you can't say the new job is "not a suitable alternative"?
  • soapy1458
    redundancy after return from maternity leave
    Hi, I took a year off on maternity leave and someone else was taken to cover for me. They were made permanent in May. I have come back, changing my hours to part=time. I returned at the beginning of July, and we both have different duties but can cover for each other. Last week we were both served with letters about redundancy consultations. It seems that the company wants to restructure, and are centralising some of the other persons tasks and most of mine. They are creating a single role. I'm not sure where I stand on this. The other person is full time but I would consider going full time again. The new job will only be full time because of the content. Surely I'm being discriminated against? Is it worth my while raising a grievance at this time? I thought I had special protection, but have discovered this is only while on maternity leave
  • CAB Malvern Hills representative
    Hi, I took a year off on maternity leave and someone else was taken to cover for me. They were made permanent in May. I have come back, changing my hours to part=time. I returned at the beginning of July, and we both have different duties but can cover for each other. Last week we were both served with letters about redundancy consultations. It seems that the company wants to restructure, and are centralising some of the other persons tasks and most of mine. They are creating a single role. I'm not sure where I stand on this. The other person is full time but I would consider going full time again. The new job will only be full time because of the content. Surely I'm being discriminated against? Is it worth my while raising a grievance at this time? I thought I had special protection, but have discovered this is only while on maternity leave
    Originally posted by soapy1458

    Good morning,

    A woman who is pregnant or on maternity leave will have been unlawfully discriminated against if her employer treats her unfavourably because she is pregnant or on maternity leave.

    Your employer has served you and the other employee with letters regarding redundancy consultation so to this point is acting correctly. At this stage it may be counter-productive to raise a grievance, as at present it would appear that you have a 'problem' rather than a 'dispute'.

    We would suggest that you contact:
    Maternity Action
    Advice Line: 0845 600 8533 (Wednesday from 5.00pm to 9.00pm; Thursday from 12 noon to 4.00pm; Friday from 8.00am to 12 noon)
    Tel: 020 7253 2288
    Email: available through a form on the website
    Website: www.maternityaction.org.uk
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • martin32
    redundant
    hi,
    a family member of mine has just been made redundant after 30 years of working for the company in my opinion unfairly........
    the company has had redundancys before they use whats called a matrix system.the last few years my family member has had top marks in nearlly everything. the latest redundancy she got nearlly the lowest in everything only 8/9 months after her last matrix was given to her..........the person that done the points does not like my family BTW E.G she got a low score saying she needs help in what she does yet she was the person that trained new people and had to fix work that was not upto satisfaction that others had done.
    she was the 2nd lowest score in her section.
    then people were told who was being made redundant and most were asked to work till the end of the month before having to leave yet my family member was told to leave straight away
    they did give a good redundancy payment (i think for 30 years service)
    1 other note the bosses "friends" all got a high matrix score even though its obvious they dont work to family members standered.
    they have also started using agency workers now as they are so busy!!!!

    any advice on if this sounds fair or anything she can do would be greatfull
    TY
  • CAB Malvern Hills representative
    hi,
    a family member of mine has just been made redundant after 30 years of working for the company in my opinion unfairly........
    the company has had redundancys before they use whats called a matrix system.the last few years my family member has had top marks in nearlly everything. the latest redundancy she got nearlly the lowest in everything only 8/9 months after her last matrix was given to her..........the person that done the points does not like my family BTW E.G she got a low score saying she needs help in what she does yet she was the person that trained new people and had to fix work that was not upto satisfaction that others had done.
    she was the 2nd lowest score in her section.
    then people were told who was being made redundant and most were asked to work till the end of the month before having to leave yet my family member was told to leave straight away
    they did give a good redundancy payment (i think for 30 years service)
    1 other note the bosses "friends" all got a high matrix score even though its obvious they dont work to family members standered.
    they have also started using agency workers now as they are so busy!!!!

    any advice on if this sounds fair or anything she can do would be greatfull
    TY
    Originally posted by martin32

    Hi

    Your family member would at least be entitled to statutory redundancy pay and notice and her contract might also give her additional entitlements to contractual redundancy pay.

    However as you quite rightly point out there are procedures that must be followed when someone is selected for redundancy otherwise a case of unfair dismissal might arise.

    See the link below for information on redundancy and selection.

    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/redundancy___procedures_your_employer_must_follow. htm

    As these issues are complex your relation needs to get advice in person to determine whether she has a substantive case and how it might be best resolved. Her redundancy pay and other end of work payments can also be checked at the same time.

    see the link below for information on who can help with the matter (including her local CAB )

    http://www.adviceguide.org.uk/england/work_e/work_problems_at_work_e/what_help_can_i_get_with_a_problem_at_work.htm

    Hope this helps
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • martin32
    ty 4 the advice
    1 more quick question what could come of it in best case scenario as she would not want her job back and work for the person that screwed her over
  • CAB Malvern Hills representative
    ty 4 the advice
    1 more quick question what could come of it in best case scenario as she would not want her job back and work for the person that screwed her over
    Originally posted by martin32
    If on examination of the facts in detail of the case she has to submit an application to an Employment tribunal and if this was successful then she would be unlikely to get her job back as tribunals very rarely make this decision and in any event couldn't enforce it. If she gets advice in person then she can weigh up her options and look at the pros and cons of bringing a case.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • FrugalLina
    • By FrugalLina 28th Aug 12, 1:44 PM
    • 303 Posts
    • 2,973 Thanks
    FrugalLina
    SICK LEAVE

    I have two questions regarding being off ill at the end of this post, but thought I would provide a bit of information first.

    I have been working for a small charity run by a board of trustees and managed by the chairman. I received an offer of 1 yr contract to run until end March 2012, payable on a self-employed basis. After this date I continued to work with them although no further contract was discussed and I just continued to issue an invoice and received payment monthly.

    I became ill with stress twice while working there, but managed to keep my sick leave to a bare minimum, taking holiday instead and generally struggling on as a casual self-employed "employee" I only get paid if I work for them.

    Unfortunately due to the bullying (well documented by me) by my boss (the chair) and her general inability to manage the team, I became unwell again and am currently signed off sick due to severe stress and depression.

    My GP has given me sick notes for 6 weeks in total (ending 10 Sept) and I am still really not coping very well at all, so I wouldn't be surprised if it continues for a bit longer.

    My questions are:

    (a) Do I have to show these sick notes to the organisation? It seems to me that I don't have to as I am self-employed and any "contract" I had has expired.

    (b) Is there anything I can do to stop the chairman of the organisation gossiping (to volunteers, to the rest of the board, to staff and to people in organisations sharing the place of work) about the state of my mental health?
  • CAB Malvern Hills representative
    SICK LEAVE

    I have two questions regarding being off ill at the end of this post, but thought I would provide a bit of information first.

    I have been working for a small charity run by a board of trustees and managed by the chairman. I received an offer of 1 yr contract to run until end March 2012, payable on a self-employed basis. After this date I continued to work with them although no further contract was discussed and I just continued to issue an invoice and received payment monthly.

    I became ill with stress twice while working there, but managed to keep my sick leave to a bare minimum, taking holiday instead and generally struggling on as a casual self-employed "employee" I only get paid if I work for them.

    Unfortunately due to the bullying (well documented by me) by my boss (the chair) and her general inability to manage the team, I became unwell again and am currently signed off sick due to severe stress and depression.

    My GP has given me sick notes for 6 weeks in total (ending 10 Sept) and I am still really not coping very well at all, so I wouldn't be surprised if it continues for a bit longer.

    My questions are:

    (a) Do I have to show these sick notes to the organisation? It seems to me that I don't have to as I am self-employed and any "contract" I had has expired.

    (b) Is there anything I can do to stop the chairman of the organisation gossiping (to volunteers, to the rest of the board, to staff and to people in organisations sharing the place of work) about the state of my mental health?
    Originally posted by FrugalLina

    Hi

    If you are truely self employed ( see below ) then you would have a contract for services not employment and your contractor is unlikely to have any legitimate right to see see your sick notes. In this situation they would not in any event have an obligation to pay you sick pay. Assuming they have already paid you for the work done then the only likely consequence of not providing a sick note might perhaps be that they would not be inclined to provide you with further work assuming there was some available and that you would even want it !

    In terms of the gossiping about your health you could ask them in writing to respect your privacy at this time when your health is suffering (bearing in mind that you might want to avoid action that would draw further attention to your circumstances).

    You could also get advice from a Personal injury specialist if you have developed your illness ostensively because of your work, to see if a claim for damages is possible . The Association of Personal Injury lawyers can offer free intial advice on this. see www.apil.org.uk for more info.

    You also need to be clear about your employment status. Whilst your "employer " has said you are self employed your true status may well be different . Follow the link below for more information on this. If you feel that this is an issue then you would need to visit your local CAB for an in depth examination of the issues.

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/contracts_of_employment.htm
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • Butterfliesarepretty
    • By Butterfliesarepretty 30th Aug 12, 8:18 PM
    • 1,899 Posts
    • 1,720 Thanks
    Butterfliesarepretty
    Rights of a Maintenance Fitter
    Hi,
    Question is my partner is 56 and works as a maintenance fitter at a food factory, repairing ovens, castings etc. Works two shifts, 6-2pm and following week 2-10pm. He has to work some saturday mornings too - part of the contract. There is no union there and sometimes he is on call.

    Eg he did a 2pm-10pm wednesday drove home went to bed then got called out at 3am and was there till 5.45am. He gets paid for this too. But after getting home and having a small amount of sleep he still has to go in work at 2pm and work till 10pm and after that he is absolutely shattered.

    Surely there is a law that says an employee has to have a decent break or sleep and a shorter shift?

    All the other engineers have to do the same. There is no person who just does the on call rota.
    The ovens are old and always breaking and the company wont replace them with new. I am worried that my partner being so tired will have an accident due to lack of rest and also this job impacts on his home life, eg he has no social time left and needs to finish his house but cant because they are always ringing him even when its his day off or weekend that hes not due in.

    What can I do?
    Mx5 Owner
    Temp Worker

  • stanleymog
    Sick leave and work rights.
    I have been diagnosed with oesteoarthritis and have missed quite a bit of time off work recently, mostly unpaid (odd days here and there).

    Recently I was diagnosed with depression as well, after visiting the doctor he signed me off for 8 weeks for the depression and arthritis.

    I was also given another fit for work note after this period and took another 6 days off work.

    I then had a weeks holiday that had been pre-booked (the company makes us take certain weeks holidays each year and this was one off them) which I took and returned to work on the Monday after the holiday.

    I completed 2 days work of 8 hours each day before being in pain again and not being able to return to work, I visited my doctor who said I should have had a phased return to work and was signed off for another week.

    On Tuesday 28th August I was due to return to work again but told that I had to have a meeting with the boss (this couldn't be prearranged as the boss was on holiday) so the meeting was held on Wednesday 29th August and didn't go to well.

    I informed the company of all return dates and what was going on either by phone, text or letter.

    Please could you answer the following questions:

    I have been told I was not allowed to take my weeks holiday mentioned above without permission from my boss?

    I have been told I am not allowed to accrue holiday while on the sick?

    I have also been told I am not allowed to return to work for 13 weeks (when my half pay runs out)?

    He also stated that I should resign as I have been seen working else where, I delivered some leaflets for my wife's business, I was out for 40 minutes and the doctor told me to exercise by walking to help my back (I wasn't paid, I was bored and need the exercise) and I have been seen entering my wife's place of work so I must be working else where, I explained that my wife works on a one to one basis and going into my wife's place of work is no different to going to the shop?

    I have been instructed to go back to the doctor to find out exactly I can do by writing a list of the jobs I do and what they involve, I asked for help on this and emailed a copy to my boss incase anything needed amened or added and had no response.

    At the moment I feel like I am being victimised and this has caused my depression to resurface and even got my wife worrying, I feel as though I have to stay indoors all the time incase I am 'seen' doing something he doesn't like, surely it's bullying?

    Sorry for the long ramble!
  • eventing88
    Pro rata to Full Time Pay Out
    Hi there,

    I work at a school and since September 2011 have been on a pro rata (term time only) contract. My school asked me if I would like to go full time in the same roll which I did, so I agreed to take on a full time contract which began on the first day of the summer holiday 2012.

    My question is - as I have been paid pro rata all year but did not take the 5 week summer holiday, should I receive a lump sum since this summer holiday would have been factored in to my pro rata salary?

    I have asked the payroll clerk at work who never got back to me. I don't feel I am able to ask again for fear of causing waves and I am feeling really stressed about it as I do not trust them!

    Please help me! I have looked everywhere online but can't find any info.

    Many thanks in advance

    Mark
  • CAB Malvern Hills representative
    Hi,
    Question is my partner is 56 and works as a maintenance fitter at a food factory, repairing ovens, castings etc. Works two shifts, 6-2pm and following week 2-10pm. He has to work some saturday mornings too - part of the contract. There is no union there and sometimes he is on call.

    Eg he did a 2pm-10pm wednesday drove home went to bed then got called out at 3am and was there till 5.45am. He gets paid for this too. But after getting home and having a small amount of sleep he still has to go in work at 2pm and work till 10pm and after that he is absolutely shattered.

    Surely there is a law that says an employee has to have a decent break or sleep and a shorter shift?

    All the other engineers have to do the same. There is no person who just does the on call rota.
    The ovens are old and always breaking and the company wont replace them with new. I am worried that my partner being so tired will have an accident due to lack of rest and also this job impacts on his home life, eg he has no social time left and needs to finish his house but cant because they are always ringing him even when its his day off or weekend that hes not due in.

    What can I do?
    Originally posted by Butterfliesarepretty
    Hi

    The Working TimeRegulations 1998 apply to all workers, although there are some exceptions andsome special provisions for certain categories of workers, including youngworkers. The regulations impose a limit on the average number of hours workedover a week and a limit on how many hours may be worked before a rest break istaken.


    The law saysthat most workers should not have to work more than 48 hours a week on average.This includes any overtime. However, you can choose to work more than 48 hoursa week as long as you have agreed this with your employer. Your employer cannotforce you to work more than 48 hours if you do not agree.


    A case in theEuropean Court of Justice (ECJ) ruled that time spent Ďon callí (or standby)has to be counted entirely as working time if the employee is required to bephysically present at her/his place of work, or another place determined by theemployer, and to be available for work. This is the case even if the worker isresting. However, if the worker is merely required to be contactable, but doesnot need to be physically present at a particular place determined by theemployer unless called in, that period of on call duty is not counted asworking time.

    Your husband should examine his contract of employment to check what working hours were agreed at the time he took the job.

    There are two fact sheets on our website Adviceguide - www.adviceguide.org.uk covering hours of work and restbreaks. Follow the links from the home page:
    work>health&safety>working time. At the end of the information there is a link to Fact Sheets.



    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Malvern Hills representative
    I have been diagnosed with oesteoarthritis and have missed quite a bit of time off work recently, mostly unpaid (odd days here and there).

    Recently I was diagnosed with depression as well, after visiting the doctor he signed me off for 8 weeks for the depression and arthritis.

    I was also given another fit for work note after this period and took another 6 days off work.

    I then had a weeks holiday that had been pre-booked (the company makes us take certain weeks holidays each year and this was one off them) which I took and returned to work on the Monday after the holiday.

    I completed 2 days work of 8 hours each day before being in pain again and not being able to return to work, I visited my doctor who said I should have had a phased return to work and was signed off for another week.

    On Tuesday 28th August I was due to return to work again but told that I had to have a meeting with the boss (this couldn't be prearranged as the boss was on holiday) so the meeting was held on Wednesday 29th August and didn't go to well.

    I informed the company of all return dates and what was going on either by phone, text or letter.

    Please could you answer the following questions:

    I have been told I was not allowed to take my weeks holiday mentioned above without permission from my boss?

    I have been told I am not allowed to accrue holiday while on the sick?

    I have also been told I am not allowed to return to work for 13 weeks (when my half pay runs out)?

    He also stated that I should resign as I have been seen working else where, I delivered some leaflets for my wife's business, I was out for 40 minutes and the doctor told me to exercise by walking to help my back (I wasn't paid, I was bored and need the exercise) and I have been seen entering my wife's place of work so I must be working else where, I explained that my wife works on a one to one basis and going into my wife's place of work is no different to going to the shop?

    I have been instructed to go back to the doctor to find out exactly I can do by writing a list of the jobs I do and what they involve, I asked for help on this and emailed a copy to my boss incase anything needed amened or added and had no response.

    At the moment I feel like I am being victimised and this has caused my depression to resurface and even got my wife worrying, I feel as though I have to stay indoors all the time incase I am 'seen' doing something he doesn't like, surely it's bullying?

    Sorry for the long ramble!
    Originally posted by stanleymog
    Hi

    You do not say how long you have been working for your present employer.

    Regarding taking time off as holiday - there is a fact sheet on our website www.adviceguide.org.uk on holidays and holiday pay which covers this. On the home page click on 'work' in the fact sheets box and this will list all the sheets available including the one mentioned.

    The European Court of Justice (ECJ) has ruled that a worker who is off work on sick leave continues to accrue statutory holiday while s/he is off sick.

    It is difficult to respond to your statement regarding having been told that you are not to return for 13 weeks. You do not say if your employer has approached you seeking an independent medical report. You say that your employer has asked you to provide information regarding your ability to carry out certain tasks relating to your employment.

    We would suggest that you may wish to seek face-to-face advice from your nearest CAB. On the r-hand side of the home page of Adviceguide click on 'getting advice' and put in your post code.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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