Employer acting unreasonable and no idea what is going on

Sambucus_Nigra

daggy wrote: »

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

Good point about the resignation though

They can give a bad reference. They can give any reference they want, and if it's a bad one and they can prove they didn't lie; then there isn't any comeback.

daggy

Sambucus_Nigra wrote: »

They can give a bad reference. They can give any reference they want, and if it's a bad one and they can prove they didn't lie; then there isn't any comeback.

Hmm thats interesting... I never knew that. Always thought they could give a reference, but were not allowed to say detrimental things about an ex employee, always thought they simply had to refuse to give a reference.

teabelly

If you have a 3 month notice period then they have to pay you full pay during that time even if you're off sick. I suspect your boss has suddenly realised they're going to have to pay you full pay while you're off for 3 whole months. Go back to the doctor at the end of your current sick note and get them to write one until the end of the notice period as clearly returning into this workplace would make you worse. If you have let your current sick note run out then you could be in potential trouble. You need to be re-signed off asap.

Once you have the sick note that runs to the end of the notice then I'd write to the employer, recorded delivery, telling them you don't want any contact from them other than being sent pay slips as any other input from them is detrimental to your health and well being. This should keep them off your back.

You should only consider returning before the end of the notice period if you genuinely think the situation is good enough to return into. If not, do not go back!

paddyrg

daggy wrote: »

Hmm thats interesting... I never knew that. Always thought they could give a reference, but were not allowed to say detrimental things about an ex employee, always thought they simply had to refuse to give a reference.

They can say whatever they please, but it opens the door to legal action if they misrepresent things, or even if the ex-employee thinks they did and threatens legal action. This is where the myth of no bad references came from, from companies with policies over not getting sued by people they no longer have any interest or dealings with!

Judith_W

Tomorrow (give them a chance to ring) I would send a recorded letter to a couple of key people, stating that you were prepared to return to work following sickness and work your notice and you have been told not to return to the office and have heard nothing since. You therefore presume without confirmation to the contrary that they have placed your on garden leave until the completion of your 3 month notice period and will be expecting full pay until then, and any money due for holidays owing etc.

You can then check they have been signed for, and have good evidence if you end up needing to take them to employment tribunal for failure to pay your salary (you have 3 months to lodge a complaint).

Once you have done this, you should do your best to relax, and assume you are on garden leave.

daggy

3 months off - you should rent a hotel room near the pub or the job centre.... ideally both!!

daggy

paddyrg wrote: »

They can say whatever they please, but it opens the door to legal action if they misrepresent things, or even if the ex-employee thinks they did and threatens legal action. This is where the myth of no bad references came from, from companies with policies over not getting sued by people they no longer have any interest or dealings with!

Makes sense I guess. Thanks for your post.