Signed on Sick, victimisation and descrimination

PigSick_2

Hi,

Sorry it's long but I have a lot to get off my chest..............

I work 20 hours per week for a bookmakers the majority of my job involves typing eg translating bets. I have recently been signed off sick for 6 weeks due to some sort of injury that caused the fingers in my left hand and my hand to go completly numb with little or no sensation at all which meant I was unable to type, feel or grip anything with my fingers or hand. You may argue that I could have typed with one hand but the nature of the job itself necessitates that bets are translated quickly and slips processed etc, etc.

I started up a new business earlier on in the year that is totally unrelated to this and have now been told by my employer that someone in the shop has snitched on me saying I was still working for myself whilst signed on sick for them.

My question is do they have the right to demand that I basically close my business, don't answer the phone, don't speak to clients just because I am signed off unfit to carry out the work necessary in their workplace? Apparently the Area Manager has said he has to have a meeting with me about it and it does sound pretty serious but I have read that if I'm dismissed over it I might have a claim for unfair dismissal?

There are lots of other reasons to not want to continue to work with my employer despite my green eyed "colleagues" such as the fact that I feel victimised and discriminated.

At Christmas everyone was finding it difficult to find a parking space due to the old car park being pulled down. I was leaving home early to allow for time to find a space which meant sometimes you litterally had to que for one to become available. On this one occasion I drove back to the shop, parked on the yellow lines outside to let them know I was there but couldn't find a space and then drove back to wait. I ended up being about 10 minutes late to start my shift and was given a verbal warning as a result and it wasn't even an issue for anyone else who was late.

I have also been accused of being a hypercondriac for leaving the shop one night with the permission of my manager to go to casualty due to having pains up my arms and in my chest all day when I didn't have time to see the doctor before I left for work. I called in to casualty and they did tests and told me my blood pressure was that high that they wouldn't advise me to leave and drive. I had various tests to ensure I wasn't or hadn't had a heart attack and left the hospital at 1am in the morning, my Manager was kept informed all the time but I had a call from the Area Manager the next day ridiculing me for leaving the shop. The high blood pressure was brought about by us having problems with our neighbours making various complaints to various council departments 5 in total over 7 days and also at the same time to the RSPCA and shouting through the letter box "go back to where you came from you !!!!!". I told my manager what had been said to me through the letterbox and was obviously upset by it and he just sat there with a smurk on his face trying his best not to laugh!

Also one of my colleagues has displayed racist tendancies and on one particularly upsetting occasion I had to leave the shop and go for a walk to cool off. It was when the bodies of the returning hero's were being repatriated he turned around and said if I was there I would boo them English. Now my brother fought for queen and country and laid down his life for 13 years so this was especially hurtful to me. Also when the national anthem is being played on sporting events he mutes the sound saying don't want to listen to that *hit.

In case you were wondering where this "country" is I'm an English person living in Wales!

Any advice gratefully accepted.

Regards

Googlewhacker

What is your business and does it involve typing?

PigSick_2

No, not really it's an event hire company for weddings etc but obviously because it's predominantly web based I do have to answer the odd email.

SarEl

Googlewhacker wrote: »

What is your business and does it involve typing?

This is certainly the crux of the matter. If your self-employed work involves any activity which is similar to your employed job, or any activity which could make your condition worse (or not get better), then it certainly could be viewed as a serious matter.

Googlewhacker

PigSick wrote: »

No, not really it's an event hire company for weddings etc but obviously because it's predominantly web based I do have to answer the odd email.

And here lies the crux, you have told your employer that you cannot use the keyboard for work due to your problems and then go do your own business where you use the keyboard....can you not see the conflict?

What you should have done is offered your services with a fit for note which states you are able to use one hand, if the company the say no this is not good enough you could have gone on the sick and carried on with your business.

I think you need to get some proffessional advice quick on this one.

As for the racist and the other stuff, have you reported it or done anything via their grievance procedures?

SarEl

PigSick wrote: »

No, not really it's an event hire company for weddings etc but obviously because it's predominantly web based I do have to answer the odd email.

In that case, there is certainly something for them to discuss with you. If you can answer e-mails (even a few) and/or do any work on a computer, then it is hard to see how you can argue that you cannot do any work in the employers business. If your doctor considered you fit to do some work, even if that was not your normal work, they should have issued a fitness note that said this. Then the employer had the opportunity to either accept your limited capability in your normal job or look at adjustments to the job (perhaps swopping you with someone else for limited time), or to say that you were not fit for the work available. The new fitness notes have changed the way that sickness is managed in the workplace. Previously, being signed off as too sick to work did not always mean that you could do no work at all - alternative or second jobs that were very different may (usually on medical advice) have been acceptable. Whilst a GP may still exercise such discretion and certify you fit to do some employment and not another, if there is any possibility of "overlap" in the employments, they would have to justify allowing one and not the other because they now have the "limited work" option available.

I think you need to see what the employer is saying about this. At this point they have only asked to talk to you about it and they have the right to do that.

PS - Sorry - I posted the same time as Googlewhacker!

PigSick_2

From what I have researched already unless the contract actually states you are not able to work for anyone else during a sickness period or at all then that's ok. 20 hours is only part time really. I read that one person set up his own business whilst on sick, which is basically what I'm doing, and because his employer sacked him for doing so he was awarded 65K compensation. Yes I'm answering emails but who's to say I don't have speak and type or an administrator? At the moment I'm just talking to people who have weddings in 2011 and 2012, my other half is doing any that we do have with the help of a friend and if I go to clients homes to talk to them I don't charge a penny so not really getting paid anything? I can understand the conflict but it does seem a bit unfare just because I am unable to carry out work for them but could carry out another job lets say sniffing flowers, nothing to do with typing? The other issues are just another thorn in my side!

PigSick_2

That's the problem, all my job involves is translating bets, nothing else at my level to be done - simples! I couldn't just sit there chatting to people because the staffing nos have been reduced that much I would probably get abuse for sitting there doing nothing and someone else having to do all the work

SarEl

PigSick wrote: »

From what I have researched already unless the contract actually states you are not able to work for anyone else during a sickness period or at all then that's ok.!

That isn't true at all. As has been explained it depends on what that business is and the type of work involved. Yes, maybe you have never touched a keyboard, and if you haven't you need to explain that to them. But right at this moment, they have asked to talk to you - and they have a right to do that. They haven't said that they will dismiss you, they haven't even said they will discipline you. So you are a buit in advance of yourself as to an Employment Tribunal claim. You must first find out what they are saying.

Googlewhacker

PigSick wrote: »

From what I have researched already unless the contract actually states you are not able to work for anyone else during a sickness period or at all then that's ok. 20 hours is only part time really. I read that one person set up his own business whilst on sick, which is basically what I'm doing, and because his employer sacked him for doing so he was awarded 65K compensation. Yes I'm answering emails but who's to say I don't have speak and type or an administrator? At the moment I'm just talking to people who have weddings in 2011 and 2012, my other half is doing any that we do have with the help of a friend and if I go to clients homes to talk to them I don't charge a penny so not really getting paid anything? I can understand the conflict but it does seem a bit unfare just because I am unable to carry out work for them but could carry out another job lets say sniffing flowers, nothing to do with typing? The other issues are just another thorn in my side!

Most likely though the business this guy was setting up had no conflict to the work he was doing, also the compensation figure is a large figure and not the norm and also there most like other factors involved in getting to that figure

In what you do there is a conflict of interest and as SarEL said it could be making the problem worse.

As for the other things, unless you complain by the grievance procedure then there is nothing the company can do about any of it.

Googlewhacker

I was a bit hasty saying get proper advice, until you know why they wish to speak to you try not to worry. If the suspend you or say there is a disciplinary then that is the time to get help