where will this end?

jazzys

Hi guys, i would like an opinion here on where this certain situation might end.

The story goes like this.

My partner and i split two years ago and i moved abroad with our son. she stayed in the UK with our daughter. We continue to get on great. last summer we booked flights back to the uk for a xmas holiday of 3 and a half weeks.
My ex partner tried to secure her holidays from a large supermarket so that she could be off when we were home. They refused her the time off, stating that it was there busiest time and no one was allowed to take time off over the xmas period.

She accepts that she did the wrong thing by telling her manager that if she didn't get the time off she'd be on the sick and therefore off anyway. She has had a great deal of stress and sufers from an eating disorder brought on by stress.

What she meant to say was that she was so stressed about it all that she'd rather put holidays in to cover that time rather than go and get a sick note and have that on her record.
She visited the doctor and got the sicknote for a breakdown and backpain she was suffering.
A couple of days later, the shop manager sent a letter saying that they weren't going to pay her company sick pay as they didn't believe her sickness was genuine.
she has since returned to work but has been told that there is an invstigation going on into what was said and by whom and she could face dismissal for gross misconduct.

where the hell will this end up, they are dragging it on and on and she is getting more and more stressed about it.

Any ideas guys?

Jazzys

KimYeovil

With her dismissal and a refusal of any benefits for 26 weeks. If there is any justice.

(P.S. She should also check a dictionary for the difference between "stress" and "guilt".)

jazzys

Would you mind explaining your thinking behind your reply.

i fail to understand why you think that would be justice. Justice for what, being ill?

Jazzys

stebiz

I go along with Kim - somewhat! There are other people who have families who they would like to be home with at Christmas. Your ex is no different. Now if she was clever, and could keep her mouth shut, she could have seen her doctor and there is absoloutely nothing they could have done about it. She opened her mouth - and now has to suffer the consequences. I can't see it leading to her dismissal, but will find it very difficult to pull that stunt again. Sometimes, no matter how much you'd like to say something, you need to keep it shut!! Like my Dad would say - bite your lip until it bleeds, if necessary. Obviously he didn't mean it literally, but I know what he means.

Stebiz

jaffacakes82

You have to think about it from the Employers point of view, not from your personal circumstances, which are irrelevant to the Employer:

-Employee asks for holiday dates.

-Employee is refused.

-Employee verbally says that they will call in sick instead.

-Employee does call in sick.

-Employee is taken down the Disciplinary route.

The fact is that the Employer is doing nothing wrong. An Employee stated that if they weren't given holiday over Christmas they would have it off anyway as sick. This is a Disciplinary offence and she was extremely silly to say something like that, and as she did say it should have worked over Christmas to avoid Disciplinary.

As stebiz says, your ex isn't a unique case. There's 1000's of people in the country that would rather not work Christmas Eve, possibly Boxing Day and up to New Years Eve, but if it comes with the job you do then it really is tough.

I worked for a Supermarket one year, had to work until about 11pm on Christmas Eve and be back in early on Boxing Day. Did I want to? Of course not, I was doing my job.

The stress she is suffering is from her own doing and could have easily been avoided if she'd either worked, or not said what she said and got signed off with stress/illness. I wish her luck but I think she needs to brace herself. If she doesn't get fired she will probably get a written warning.

Uncertain

What the previous replies are forgetting is that this lady has been certified as sick by her doctor.

The doctor is medically qualified and has access to her pervious medical history. He has also seen the patient.

Somehow I doubt either the supermarket or the previous posters have this information or any medical training.

OK, it is possible that the wool has been pulled over the doctor's eyes, but it is equally possible that they lady may have a history of psychological problems that are serious and triggered by certain situations.

Given that the lady has medical evidence on her side and the supermarket do not I would have though they are on a very sticky wicket.

jazzys

I do understand what you guys are saying and she knows now that keeping her mouth shut is exactly what she should have done.

But i would just say that unless you have ever watched your young son walk out the door and move abroad you really can't imagine how it must have felt for her to hear he was coming back for a holiday, only to be told you can't take holidays and won't really see him. (she works night shift ).
It was a silly thing she said but it was a hollow threat that wouldn't have been carried out. She genuinely was sick and had a doctors note which the company has completely disregarded.
I asked for your opinion and i'm glad i got it, thanks

Jazzys

squack

maybe it will turn out to be a blessing in disguise. an opportunity for her to find a job which allows more flexible working :money:

stebiz

Uncertain wrote: »

What the previous replies are forgetting is that this lady has been certified as sick by her doctor.

The doctor is medically qualified and has access to her pervious medical history. He has also seen the patient.

Somehow I doubt either the supermarket or the previous posters have this information or any medical training.

I am not saying that I am medically qualified. I'm not. Far from it. However it is not difficult to pull the wool over a doctors eyes. I'm not saying she did, but anybody can feign illness and get a week off work.

Stebiz

Uncertain

jazzys wrote: »

I do understand what you guys are saying and she knows now that keeping her mouth shut is exactly what she should have done.

But i would just say that unless you have ever watched your young son walk out the door and move abroad you really can't imagine how it must have felt for her to hear he was coming back for a holiday, only to be told you can't take holidays and won't really see him. (she works night shift ).
It was a silly thing she said but it was a hollow threat that wouldn't have been carried out. She genuinely was sick and had a doctors note which the company has completely disregarded.
I asked for your opinion and i'm glad i got it, thanks

Jazzys

To be honest I admire your calmness. I would have been very angry indeed at some of the ignorant replies above.

The purpose of this forum is supposed to be to help people who find themselves in a difficult situation in regards to their employment.

OK, sometimes this can involve telling people what they don't want to hear but I get ever more annoyed by the handful of poster who rush to personal or medical judgments based on a few lines of text from somebody they have never met!

jazzys

I know for a fact that getting out of that shop will be a massive blessing for her, but its not like theres an awful lot of jobs to pick and choose from is it.

In june she intends leaving the uk and moving to be with her son, she just needs to get through to june unscathed and with no more stress.

jazzys