Signed on Sick, victimisation and descrimination

PigSick_2

Thanks, I intend to get proper advice anyway to pre-empt any fallout. The business doesn't conflict in any way, shape or form. What is getting to me also is that I've had these messages trickling through via my other half who also works for them from the Area Manager and they've been chip, chip, chipping away at me for two weeks whilst I've still been at home on sick! Someone had text him to say this and someone had said that, he mentioned nothing to me but kept informing my other half who then of course brought the messages home to me so I'm getting a bit stressed out by it all and all it's doing is making me feel worse, not looking forward to going back at all but then maybe that's the underlying plan? I do wonder?

PigSick_2

Judas wrote: »

1) Running the other Business - In my view undoubtadly a dismissal situation.If your well enough to do another business/admin job your well enough to do this work. Quite clearly a breakdown in trust

2) The warning - Its your responsibility to show up to work on time

3) The area manager - In view of your attitude I can see why he is suspicous; certainly dont think its grounds for much

4) The alleged racism - Any proof of this?

To me it stinks of you being a born victim who has been caught out red handed who is now going to make everyones life as difficult as possible instead of holding your hands up (pun intended) and admitting your deception and taking the punishment like an adult.

1) Well I don't think it's that clean cut there's nothing in my contract to say I can't have another job or another business, lots of people have 2 jobs working there because there's not enough hours and I only work part time hours for them. I thought I made it clear it's not an admin job/business!

2) yes it is but how come no one else got a warning, classic victimisation

3) yes I can understand him being suspicious but he needs to get his facts right about what I am "allowed" to do and what I'm not "allowed" to do, new brush, wet behind the ears 'n' all that.

4) Forget the racism, I wouldn't even lower myself to their level to let them see it's bothering me

Well I've never been and never will be a "victim", if I'm guilty I'm the first to admit it but this time I'm innocent your honor so that's why it's miffing me off so much - obviously. The only person who's life is being made a misery is mine as currently it seems it's my Managers and colleagues life time ambition but I wouldn't give them the pleasure of knowing that I'm sure a lot of it is jealousy, people here are like that, see someone climbing up from the gutter and do your damdest to kick them back into it, everyone loves a loser.

dmg24

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!

You do not. Lies will not get you far at a Tribunal.

Despite the excellent advice that has been given to you, you still do not see a problem in what you are doing. It would appear that you have Googled a few cases and chosen the bits that suit your viewpoint, and ignored the bigger picture.

Zazen999

PigSick wrote: »

Thanks, I intend to get proper advice anyway to pre-empt any fallout. The business doesn't conflict in any way, shape or form. What is getting to me also is that I've had these messages trickling through via my other half who also works for them from the Area Manager and they've been chip, chip, chipping away at me for two weeks whilst I've still been at home on sick! Someone had text him to say this and someone had said that, he mentioned nothing to me but kept informing my other half who then of course brought the messages home to me so I'm getting a bit stressed out by it all and all it's doing is making me feel worse, not looking forward to going back at all but then maybe that's the underlying plan? I do wonder?

It's not the business in conflict that would be the issue here. It's the tasks required to run the business that are the issue.

I feel you aren't really taking all this in.

SarEl

PigSick wrote: »

1) Well I don't think it's that clean cut there's nothing in my contract to say I can't have another job or another business, lots of people have 2 jobs working there because there's not enough hours and I only work part time hours for them. I thought I made it clear it's not an admin job/business!
(a) Nobody, including your employer has said anything about your not being able to have another job. This is pure assumption on your part.
(b) If there is an issue with the second job, it is not neceasarily about your having it - it imay be whether conducting your business whilst also off sick may indicate that you are "swinging the lead" (i.e lying) about the extent of your condition, or doing something which may exacerabte or extend your period of sickness. The employer has a right to ask these questions. And they have a right to stop your sick pay, including SSP, if you do not co-operate or if they believe you to be lying.
(c) In order to do this they would need to get independant medical advice - which may be what they want to discuss with you. This is also their right.
(d) I reiterate - they have asked to speak to you. They have not said what they wish to speak about, or what, if anything, they intend to do about your situation. Until they do it is all speculation.

2) yes it is but how come no one else got a warning, classic victimisation
It may indeed be. Please find a law that says that victimisation is unlawful. It isn't. But it does not matter what happened to someone else - no two cases are ever the same, and if this entire matter ever got to Tribunal they would have utterly no interest in this matter, because (a) it's got nothing to do with your case and you have no records of other cases to prove it anyway and (b) it's got nothing to do with a dismissal if you were dismissed and (c) you were late.

3) yes I can understand him being suspicious but he needs to get his facts right about what I am "allowed" to do and what I'm not "allowed" to do, new brush, wet behind the ears 'n' all that.
I would suggest that if you go in with this attitude then you will be be making things worse. You appear to be slightly unclear about what you are allowed to do and what you aren't. As I have already pointed out, you really should have told your GP that you were continuing to work on your own business - he may or may not have advised this, but if you are too sick to work, it is a doctor who decides this and not you deciding what you are too sick to do and what you aren't too sick to do. And "wet behind the ears" or not, he is the manager and in a position to dismiss you. Get this absolutely straight - if and it is a huge assumption you were fired and dismissed unfairly, the chances of your getting more than a few £ thousands is very low - in somewhere between 6 and 9 months, maybe. There is no gold mine here.

4) Forget the racism, I wouldn't even lower myself to their level to let them see it's bothering me

Well I've never been and never will be a "victim", if I'm guilty I'm the first to admit it but this time I'm innocent your honor so that's why it's miffing me off so much - obviously. The only person who's life is being made a misery is mine as currently it seems it's my Managers and colleagues life time ambition but I wouldn't give them the pleasure of knowing that I'm sure a lot of it is jealousy, people here are like that, see someone climbing up from the gutter and do your damdest to kick them back into it, everyone loves a loser.

People on here have been trying to help you, but you seem determined to take a confrontational position about what are your rights. You are not the only person with rights. The employer has some too, and pointing this out to you is not being unfair, it is being balanced.

PigSick_2

dmg24 wrote: »

You do not. Lies will not get you far at a Tribunal.

Despite the excellent advice that has been given to you, you still do not see a problem in what you are doing. It would appear that you have Googled a few cases and chosen the bits that suit your viewpoint, and ignored the bigger picture.

No I didn't google it but read the posts on the governments small business' advice site under employment law where solicitors answer the questions so facts not fiction to suit, give me some credit There is nothing in my contract that states my employment with this company has to be my one and only and it states on the site that this has to be included as a clause in my contract for them to do anything about it.

Whenever you post a question on here there's always one who has to throw a few insults in :eek:

PigSick_2

Judas wrote: »

Quite frankly I think your the typical scammer companies get lumbered with. If you dont like it quit and work full time for your own business. Once your well enough

I resent that remark, who are you to judge me you don't even know me, grow up and go bother someone who cares what you think, good luck finding them.

PigSick_2

No wonder I don't post on this forum of judgemental biggots anymore, none of you know me, so how can you judge me from the heady heights of your perfect ivory towers. There for the grace of god go I, you're not here to judge but to offer impartial advice not act as judge and jury. God it's like the romans being thrown to the lions or a feeding frenzy, get a life people if you having nothing nice to say then say nowt!

dmg24

PigSick wrote: »

No I didn't google it but read the posts on the governments small business' advice site under employment law where solicitors answer the questions so facts not fiction to suit, give me some credit There is nothing in my contract that states my employment with this company has to be my one and only and it states on the site that this has to be included as a clause in my contract for them to do anything about it.

Whenever you post a question on here there's always one who has to throw a few insults in :eek:

There was nothing insulting in my post. Again, you are reading things in a way to suit your viewpoint, and ignoring what is important.

The fact that you run your own company is irrelevant. The fact that you are doing an activity that you have told your employer you are not capable of is relevant.

Uncertain

PigSick wrote: »

There is nothing in my contract that states my employment with this company has to be my one and only and it states on the site that this has to be included as a clause in my contract for them to do anything about it.

I don't know exactly what you read on what site and in what context but the above statement is somewhere between simplistic and just plain wrong.

You owe your employer a duty of trust. Working for a competitor or carrying out similar work in a private capacity could, depending on the circumstances, be a breach of that duty and could be valid grounds for dismissal whether is is specifically mentioned in your contract or not. As with most things it depends on the circumstances.

This is akin to suggesting that misconduct is limited to a list of misdemeanours spelt out word for word and therefore anything that is not on the list is, by definition, OK. No, sorry.......

Remember also that your "contact" doesn't begin and end with a single document.