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Advice on employer's conduct
danmanvan
Posts: 9 Forumite
Hello,
I started another thread a few weeks ago about my situation at work but wanted advice as things have changed in the past few days.
Summary:
Four weeks ago I was signed off work for stress. My employer was seconding me to another business which was a total mess and I was being ordered to do things which just weren't within my remit (as in, totally different job and things which I just couldn't do). To give you an example, I was asked to do a project which required speaking Russian in order to do it. I'm English - and can't speak Russian - but was told 'just do it anyway'.
This all came to a head and I cracked - I was getting chest pains, couldn't sleep - and the doctor said 'enough was enough'.
I was signed off for two weeks and during the second week I had confirmed in my mind that I didn't want to remain at the company following this experience. So, I handed my notice in (3 months). That was a week ago last Wednesday.
On that Friday (e.g. having heard nothing for 3 days) I got an email telling me not to come into work on Monday (last Monday) and that the company would be in touch.
I heard nothing from the company at all, despite me emailing them and calling to ask when I could expect to hear back.
Eventually I got an email from the MD advising that they don't want me in the office 'for the meantime' and telling me not to contact any employees. I was told that HR would be in touch.
Since then I heard nothing back - and HR has not got in touch. I have, however, visited CAB to see were I stand. During the end of last week I did get an email from the company telling me that they were going to consider what to do with me and whether they want me to work my notice. Other than that, a week has passed by with them asking me to stay at home but not communicating why or what they want me to do.
Today - having been off work for over a week on their request (even though I've been well enough to work since last Monday) - I get an email telling me that they want me back in not to work for them in their office - but to work on secondment for the remainder of my notice period, at the same place which caused all the stress and problems in the first place. I know that nothing has been done to deal with the issues that were in place four weeks ago, so essentially they are sacrificing me to bring money into the business, regardless of the effect this will have on me.
I know what they are doing - they don't actually want me back in but don't want to pay me 3 month's notice period (garden leave) either, so they're pushing me into going back to the secondment which caused all the trouble, possibly in the hope that I will refuse and they can then dismiss me and avoid paying my notice period. CAB said that this is their likely tactic and that I might want to consider my rights under Harassment and Bullying at work.
Obviously I don't want to go down that route as life is too short and it's just not worth it, but what can I do instead? CAB were helpful to a point, but their advice wasn't too pragmatic.
Essentially, I've been told not to come into work and have been kept totally in the dark for a week and a bit. Then, because work don't want to pay my notice period, they've suddenly recalled me to work in an environment which they know has caused trouble in the past (and they agree it's a bad place to work), but are using me as a sacrificial lamb. Following my time off with stress, they have done nothing to try and identify the causes or deal with them.
I don't actually want to go back - it's now been almost a month since I've been in the office or had contact with anyone in the company. I still have 2.5 months of notice period left and I'm reluctant to sacrifice this, but I am happy to negotiate.
Incidentally, I will only have been there for 6 months in total, of which 5 months has been spent on secondment working directly for a company other than my employer. Had I wanted to work for this other company then I would have applied for a job with them.
What can I do?
I started another thread a few weeks ago about my situation at work but wanted advice as things have changed in the past few days.
Summary:
Four weeks ago I was signed off work for stress. My employer was seconding me to another business which was a total mess and I was being ordered to do things which just weren't within my remit (as in, totally different job and things which I just couldn't do). To give you an example, I was asked to do a project which required speaking Russian in order to do it. I'm English - and can't speak Russian - but was told 'just do it anyway'.
This all came to a head and I cracked - I was getting chest pains, couldn't sleep - and the doctor said 'enough was enough'.
I was signed off for two weeks and during the second week I had confirmed in my mind that I didn't want to remain at the company following this experience. So, I handed my notice in (3 months). That was a week ago last Wednesday.
On that Friday (e.g. having heard nothing for 3 days) I got an email telling me not to come into work on Monday (last Monday) and that the company would be in touch.
I heard nothing from the company at all, despite me emailing them and calling to ask when I could expect to hear back.
Eventually I got an email from the MD advising that they don't want me in the office 'for the meantime' and telling me not to contact any employees. I was told that HR would be in touch.
Since then I heard nothing back - and HR has not got in touch. I have, however, visited CAB to see were I stand. During the end of last week I did get an email from the company telling me that they were going to consider what to do with me and whether they want me to work my notice. Other than that, a week has passed by with them asking me to stay at home but not communicating why or what they want me to do.
Today - having been off work for over a week on their request (even though I've been well enough to work since last Monday) - I get an email telling me that they want me back in not to work for them in their office - but to work on secondment for the remainder of my notice period, at the same place which caused all the stress and problems in the first place. I know that nothing has been done to deal with the issues that were in place four weeks ago, so essentially they are sacrificing me to bring money into the business, regardless of the effect this will have on me.
I know what they are doing - they don't actually want me back in but don't want to pay me 3 month's notice period (garden leave) either, so they're pushing me into going back to the secondment which caused all the trouble, possibly in the hope that I will refuse and they can then dismiss me and avoid paying my notice period. CAB said that this is their likely tactic and that I might want to consider my rights under Harassment and Bullying at work.
Obviously I don't want to go down that route as life is too short and it's just not worth it, but what can I do instead? CAB were helpful to a point, but their advice wasn't too pragmatic.
Essentially, I've been told not to come into work and have been kept totally in the dark for a week and a bit. Then, because work don't want to pay my notice period, they've suddenly recalled me to work in an environment which they know has caused trouble in the past (and they agree it's a bad place to work), but are using me as a sacrificial lamb. Following my time off with stress, they have done nothing to try and identify the causes or deal with them.
I don't actually want to go back - it's now been almost a month since I've been in the office or had contact with anyone in the company. I still have 2.5 months of notice period left and I'm reluctant to sacrifice this, but I am happy to negotiate.
Incidentally, I will only have been there for 6 months in total, of which 5 months has been spent on secondment working directly for a company other than my employer. Had I wanted to work for this other company then I would have applied for a job with them.
What can I do?
0
Comments
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Incidentally, since my post I have learnt that staff have been told that I am not going to be back in the office. They've seemingly heard before I have!0
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I think the only thing you can do is go back to your GP and get a Fit Note which says you are fit to work but qualifies it with the condition that you are not to return to the post that causes you the stress. Then present that to the employer with a note (keep a copy)stating that you are willing to return to your substantive post but not the seconded position.
However you will be aware that you have no protection against unfair dismissal having not worked there for 12 months. If they are on the ball they can still dismiss you without any liability anyway.0 -
Obviously I don't want to go down that route as life is too short and it's just not worth it,
I don't actually want to go back - it's now been almost a month since I've been in the office or had contact with anyone in the company. I still have 2.5 months of notice period left and I'm reluctant to sacrifice this, but I am happy to negotiate.
Incidentally, I will only have been there for 6 months in total
Whether "right" or "wrong", your first sentence is probably the best approach - especially given your length of service.
As a "fit note" from your doctor is just advisory, your employer does not legally have to move you from the department that is causing you stress.
In reality, they may even use this as a reason to dismiss as you are not capable of performing the role.
What does your contract say about sick pay ? - is it just statutory, or would you get full pay ?
Although again, another sick note would possibly trigger moving towards dismissal for not being capable.
In reality, it depends on your specific financial situation (including the likelyhood of you finding another job in the near future).
Whatever happens it is clear that the end result will be you and your employer parting company. Your approach should therefore be with this in mind and to leave on reasonably good terms.0 -
Previous thread https://forums.moneysavingexpert.com/discussion/3581839Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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