Need some help, not been to work for 8 months no contact?

[Deleted User]

Hi All

Well my dp has not been to work now for many months.

She works and still is employed with a large pub chain going by the name of JDW.

She joined them and did not like the job, added to the fact that she was bullied by the two staff members that she had to work with.

She wen't on sick leave about 6 months back, submitted notes until about 2 months ago as forgot one week and heard nothings, and then did not send any further.

Formal grievance sent to HR and Regional Manager, response saying did not do this and that so on so on. Also stated absence meeting, this has been 3 months, nothing happened, not a word of contact. Following that response we appealed to the HR and Legal Director - No response.

Ok so the problem being, holiday is owing and is reducing on their web system, complained and they said would look at this, still reduced by the month? It was my impression that holiday accrued whilst of sick, but is now reducing what was accrued when she was working there.

Also still owed some pay from messed up payments. Have asked just to be paid, have not been paid for this and still stuck.

Sorry tried to keep this short by missing out words, can anyone advise what can be done? We have stated ET and don't have much hope and have also requested payment for the wages mistake and hols, but they didn't respond.

Anyone know what we can do please?

[Deleted User]

Sorry title should read 6 months, I have just been told off!.

mildred1978

Need more info. What does this mean? Can you expand?

"Formal grievance sent to HR and Regional Manager, response saying did not do this and that so on so on."

Do you mean that they held a meeting? Or did they say they would arrange one and haven't?

"Also stated absence meeting, this has been 3 months, nothing happened, not a word of contact. Following that response we appealed to the HR and Legal Director - No response. "

How long did your partner work there before going off sick?

paddedjohn

if you havnt sent any sick notes in since 2 months ago then surely they dont have to pay you sick pay or holiday for this time

Sambucus_Nigra

They are probably waiting to hear from her and will dismiss on the grounds of not sending sicknotes in. Why on earth you would she NOT send sicknotes in?

Can you go back in and fill in your missing words that tell us what happened and when for example 'Also still owed some pay from messed up payments. Have asked just to be paid, have not been paid for this and still stuck' - what happened here exactly? Why was she originally off sick? How long has she worked there?

'response saying did not do this and that so on so on.' What does this actually mean?

'Ok so the problem being, holiday is owing and is reducing on their web system, complained and they said would look at this, still reduced by the month? It was my impression that holiday accrued whilst of sick, but is now reducing what was accrued when she was working there.' How much is it reducing by, since when, and how much has she lost? Have they used up her leave to cover the first few weeks of her sickness that wasn't sickness as she didn't send her sick notes in?

'We have stated ET' - you have stated an ET what to whom? If you haven't been sending sicknotes in, what on earth do you expect from this [do you mean started an ET? or that you have stated to them that you will start an ET?].

SarEl

I very much doubt that she is still employed - she is in breach of contract by failing to send in evidence of her sickness and that means that she probably isn't employed by them any longer. I find it odd that you are criticising them for not keeping in contact - contact was broken by her! When did she start working for them - and how soon after that did she go off sick?

[Deleted User]

Sorry she is still employed. She did not want to work there any longer because of bullying, she was not fussed about walking away but I was more concerned that the business should be helping and this is why she decided to take sick leave. She submitted some notes as I stated, but she stopped because she was not getting paid anything and did not want to return. The grievance was heard at a meeting, however no minutes were provided following the meeting and at appeal stage we requested that she not attend as she was unable to take anyone to the meeting (not a union member and the colleagues x 2 were the problem).

We have explained to them why she was off and that she wanted to just be paid the owed amount and then she would give her notice and leave with no further dispute, they have ignored this.

She is now pregnant and the GP has advised that she leaves the employment and does not attend any meetings due to high blood pressure.

Any ideas on what she should do next as she does not want the job, but wants to be paid for the holiday that she is due from before the sickness and also the pay that was owed from before sickness.

Sorry hope that makes sense.

[Deleted User]

Sorry we have advised them that we will go to ET, but we can't because we have no evidence and we have now missed the 3 months rule. I don't think we would have got there anyway because it's quite simply one word against another, some procedures they have followed are incorrect, having said that it does not give cause to win the ET on those points alone. As you also rightly said we have now also contributed to the breakdown in procedure.

mildred1978

HOW LONG DID SHE WORK BEFORE GOING OFF SICK??

(caps intended)

Sambucus_Nigra

assj wrote: »

Any ideas on what she should do next as she does not want the job, but wants to be paid for the holiday that she is due from before the sickness and also the pay that was owed from before sickness.

Calculate what she is [supposedly] owed, write to them offering a resignation with no further action on your behalf in return for the monies owed? Although in the circumstances, they could quite easily say that her AWOL had to be covered by [for example] a temp and thus she owes them money.

Sambucus_Nigra

mildred1978 wrote: »

HOW LONG DID SHE WORK BEFORE GOING OFF SICK??

(caps intended)

It's hard work sometimes, isn't it? [Size and colour intended].