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Employer acting unreasonable and no idea what is going on

2

Comments

  • daggy
    daggy Posts: 1,167 Forumite
    I think it's certainly worht considering whether you can cope with going through tribunals etc, if you can then the first thing you need is evidence that management have been attempting to 'give you a bad name'

    It's fine that your colleagues are saying that management have been trying to pin stuff on you that isn't your fault, but unless you can get this in writing or e-mail, you probably don't have a leg to stand on.

    You could possibly speak to ex employees - if you can build an evidentially based picture of how bad the place is, that would help.

    I'd also assume that your employers are required to give you a reason why they have asked you not to come in....

    It seems obvious that they are acting unreasonably, but you need evidence or you might as well give up. Have you thought about gonig to the citizen's advice bureau?
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    daggy wrote: »
    Being submissive now, could screw him over later.

    Picking a fight now could increase bad blood though. He resigned, all he needs to tell the next employer, and likewise the reference can't say 'we sacked him becayse xyz...', because they didn't, he resigned.
  • Judith_W
    Judith_W Posts: 754 Forumite
    Depends how OP feels in a couple months time, but you might have a case for constructive dismissal, esp if you have records of stating issue with the stress and nothing being done...

    Potentially not worth the additional stress pursuing but something to think about...
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    Do you actually have another job to go to?
  • mrsp80
    mrsp80 Posts: 44 Forumite
    danmanvan wrote: »
    Sorry - maybe I didn't make myself very clear.

    The point is I have no idea what the next steps are.

    I resigned - and then was told not to come in on Monday. But then I haven't heard anything.

    I don't know where I stand - have I been put on gardening leave? Am I going to be paid my notice period? Am I going to be asked to come back in and work?

    I need to know what position I am in financially. I don't want to go back - but I'd like to know what the company's response is!

    Look at your contract. Are you entitled to company sick pay?

    If your contract says you are entitled to notice, they should be paying it to you, unless you resigned with immediate effect and expressly stated that you would not be working your notice (at your own will)?

    Call them and ask what your official termination date is (which may be different to your last working day, which would've been the day before you went off sick). Apart from anything else you need to know what to put on your CV and when you could start working elsewhere...

    They should also be paying you any outstanding holiday entitlement.
  • daggy
    daggy Posts: 1,167 Forumite
    paddyrg wrote: »
    Picking a fight now could increase bad blood though. He resigned, all he needs to tell the next employer, and likewise the reference can't say 'we sacked him because xyz...', because they didn't, he resigned.

    Yeah I know they cant give a bad reference, but they could refuse to give a reference.

    Good point about the resignation though :)
  • an9i77
    an9i77 Posts: 1,460 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Employment act has provisions for full pay during notice, even if unable to work say due to sicknes or maternity leave.

    Does this mean that if someone is off sick then no matter how long they've been off for, and if they have already exhausted company sick pay, they will be entitled to full pay whilst on notice? Please can you post link?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    an9i77 wrote: »
    Does this mean that if someone is off sick then no matter how long they've been off for, and if they have already exhausted company sick pay, they will be entitled to full pay whilst on notice? Please can you post link?

    you will need to refer to the related sections but the main provision is here, (there is a potential exclusion).

    http://www.legislation.gov.uk/ukpga/1996/18/section/88
  • Thank you for your replies.

    I have tried contacting my employer, but they are ignoring me. Phone calls have gone answered and two emails have not been replied to. They told me that they would be calling today but I've heard nothing and it is stressing me out so much. I was off work with stress and my heart is just going crazy. I've taken medication but it's not helping much.

    I just want to know what is going on. I have a 3 month notice period and I need the assurance that my notice period will be honoured from their side. I was ready to return to work today - but was told not to - so I suppose what I want to know is:

    Does their behaviour indicate I have been put on gardening leave?
    Am I able to compel them to communicate with me, given that their lack of communication is exacerbating my stress levels

    I know that 'stress' is a word that is often bandied around, but genuinely I feel like I'm going to have a heart attack here.
  • t0rt0ise
    t0rt0ise Posts: 4,674 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You need to talk to yourself and force yourself to calm down. You're leaving anyway so it doesn't matter whether you're on gardening leave for the duration or simply for this first week or so. Just tell yourself that there's nothing you can do and just enjoy the time off and relax. And presumably you need to be looking for a new job.
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