Not been paid my notice after 5 years employment

missgemstone

Yes I travelled while off sick but as I had recently been diagnosed and treated for depression as a result of my condition that caused the original sick period my doctor thought it would be a good thing for me to get away for a while.......

DVardysShadow

Uncertain wrote: »

Maybe, but not necessarily. Nothing says you have to stay a home when off sick. In some situations a change may be beneficial. Obviously you shouldn't do anything that would impede your recovery. A doctor's sick note simply advised you to "refrain from work".

Obviously, anyone is this situation should avoid conduct prejudicial to recovery.

missgemstone wrote: »

Yes I travelled while off sick but as I had recently been diagnosed and treated for depression as a result of my condition that caused the original sick period my doctor thought it would be a good thing for me to get away for a while.......

I suspect that this may be the basis upon which the employer has decided to act as they have. Best now to think about whether the emplyer will raise this now or later and how to deal with it.

missgemstone

Yes but as I was on the sick at the time is there a law that states I must be at home when I am on the sick??

lewt

missgemstone wrote: »

Yes but as I was on the sick at the time is there a law that states I must be at home when I am on the sick??

Is there a law that states they must pay you holiday pay AND pay to be on holiday?

missgemstone

Its hardly a holiday I'm visiting friends PLUS I've been on holiday during sickness b4 when a holiday was already booked and they recerdited my holiday and paid me full pay that time so I know they dont usually have a problem with it, just curious if the law states I must be in the country while on sick leave?

DVardysShadow

missgemstone wrote: »

Yes but as I was on the sick at the time is there a law that states I must be at home when I am on the sick??

Probably there is no such law. But you should be prepared to defend what you did to the employer if this is the reason they docked your notice.

I may be misreading your tone, but I feel you are fending me off [which is a waste of time, when you need to be able to justify your position to the employer according to the arguments they present]

crackerberry

The law doesn't state it but some companies will state in their sickness policies that the employer should be notified in advance of any intention to take a holiday (anywhere) during sick leave.

If you've submitted a grievance they should hold a grievance hearing with you within 28 days of receiving the grievance letter. You can request a different date and the employer should (doesn't mean they will) reschedule the hearing (usually to a date five working days or so later) to a future date. If you aren't up to attending (ie your GP agrees you aren't) then someone ie a union rep can represent you on your behalf but ideally you should attend it if you can.

If it gets to a tribunal stage you're looking at a good few months once the application is in before you get a date for any tribunal hearing.

snowqueen555

At my work place being sick means you are unable to work, but it seems you were well enough to travel to stay at friends' place? I'm not sure how it works but if my workplace found out I was ill but travelling I'd get a disciplinary, I guess every place is different

Good luck on your situation

Uncertain

Even if the company are acting as some posters are suggesting they still need to follow due process.

As it stands the OP has given notice and resigned on a given date. The firm must pay her up to that date (plus any holiday owed) or, if they think they have grounds, dismiss her at an earlier date. Currently they seem to have done neither. For any such dismissal to be fair they would have to follow the proper process.

If they feel they have grounds not to pay company sick pay then they must provide her with an explanation as to why. Given that she has a doctor's certificate they will have an uphill battle.

Even if they have grounds not to pay the sick pay (which I very much doubt) they must still pay for any accrued holiday. Failure to do so is a clear unlawful deduction of wages.

missgemstone

sorry I didnt mean to come across that way just pretty angry about it as when I told my manager my intentions when I handed in my notice she said that the sick note wasn't really needed as 'personnell are good about things like this and would have let me go immediately anyway' and due to the sickness bein partly depression I was advised time out would help