Sick pay while suspended

monty-doggy

On another note, although the witness is lying it does not change the fact that yes the money was used to pay for my parcel.
Yes I forgot to pay it back next day.

However if I wasn't working 14 hour days I'd have been able to post it myself, I wouldn't be in such pain that I can't think straight, I wouldn't be suffering from exhaustion and I wouldn't have forgotten my purse.

If my deputy wasn't such an !!! when he cashed up next morning he could have reminded me like he said he would.
If he had said at the time, no you can't pay it back next day, I'd have rung my mum or dad to do a transfer to one of my colleagues bank a counts of the £10 so they could pay it for me.

I didn't think it would lead to this so that's why I didn't do the above.

Southend1

monty-doggy wrote: »

I'm not in a union sadly.

I have a colleague who is store manager of another store, going to be my witness and he relaid my concern that the witness is lying, he has told me our area manager isn't interested interested and is refusing to adjourn to re interview the witness. He said he isn't interested in excuses or reasons, just that If the money that
Aid for my parcel was company money I will be dismissed end of.
And he also told me same area manager said he is withholding my sick pay.

He has also sent me some job vacancies he is aware of to help me find a new job.

The judgement won't be fair if he refuses the mitigating circumstances.

You realise you are approaching this in completely the wrong way? Playing Chinese whispers passing verbal messages through colleagues is not a good move.

What are you actually wanting? For the management to reinterview the witness? Why? Was there some procedural anomaly or do you just disagree with the witness? If the latter then the hearing is the place to address this. If the former then you need to WRITE to the management yourself, not rely on 3rd parties passing verbal messages.

Also it doesn't appear you have received any official notification from he company that your sick pay is being withheld. So as far as you're concerned until you receive notification or it is not paid then you will be receiving sick pay as per your contract.

I have every sympathy with your situation but you're letting the stress take over and making some very silly decisions about the way you deal with this.

Southend1

monty-doggy wrote: »

On another note, although the witness is lying it does not change the fact that yes the money was used to pay for my parcel.
Yes I forgot to pay it back next day.

However if I wasn't working 14 hour days I'd have been able to post it myself, I wouldn't be in such pain that I can't think straight, I wouldn't be suffering from exhaustion and I wouldn't have forgotten my purse.

If my deputy wasn't such an !!! when he cashed up next morning he could have reminded me like he said he would.
If he had said at the time, no you can't pay it back next day, I'd have rung my mum or dad to do a transfer to one of my colleagues bank a counts of the £10 so they could pay it for me.

I didn't think it would lead to this so that's why I didn't do the above.

You've been through all this here before. You now need to decide whether you will admit knowing the deputy would use company money to pay for your parcel and build a case solely on mitigation or whether to deny it and argue that you believed he would use his own money.

Going over this repeatedly is just going to make your stress worse and make you feel sorry for yourself. Pick yourself up and defend the disciplinary on one of the above arguments.

jacques_chirac

monty-doggy wrote: »

I'm not in a union sadly.

I have a colleague who is store manager of another store, going to be my witness and he relaid my concern that the witness is lying, he has told me our area manager isn't interested interested and is refusing to adjourn to re interview the witness. He said he isn't interested in excuses or reasons, just that If the money that
Aid for my parcel was company money I will be dismissed end of.
And he also told me same area manager said he is withholding my sick pay.

He has also sent me some job vacancies he is aware of to help me find a new job.

The judgement won't be fair if he refuses the mitigating circumstances.

Whilst the employer has a duty of care towards you, you also have a duty to speak up if you feel your work is affecting your health. The employer is not a mind reader, and could not have known that you were stressed and in pain if you did not tell them. This situation would be very different if you had raised these concerns before the incident.

The outcome will be fair if they pay due regard to all the evidence. That does not mean that they have to favour yours or that they should accept the witness is lying on your say so.

I would not be focusing on this witness statement. The fact is that you used company funds for your personal benefit - that in itself is sufficient to be deemed gross misconduct.

I'm under the impression you have been there less than two years/ your employment started after April 2012? If so, all the grievances in the world will not change the fact that you have very limited legal rights.

jacques_chirac

Southend1 wrote: »

You've been through all this here before. You now need to decide whether you will admit knowing the deputy would use company money to pay for your parcel and build a case solely on mitigation or whether to deny it and argue that you believed he would use his own money.

Going over this repeatedly is just going to make your stress worse and make you feel sorry for yourself. Pick yourself up and defend the disciplinary on one of the above arguments.

I would bet that whatever the OP has said to their colleagues or the manager from the other store will have got back to the area manager, so any change in their story now will only cast more doubt on the story.

We should always keep in mind that colleagues are exactly that, they are not friends or confidantes.

Southend1

jacques_chirac wrote: »

I would bet that whatever the OP has said to their colleagues or the manager from the other store will have got back to the area manager, so any change in their story now will only cast more doubt on the story.

We should always keep in mind that colleagues are exactly that, they are not friends or confidantes.

Yes, this is true.

The only time you should confide in a colleague is if you want others to know something but don't want to tell them yourself!

ValHaller

Southend1 wrote: »

Playing Chinese whispers passing verbal messages through colleagues is not a good move.

.....If the former then you need to WRITE to the management yourself, not rely on 3rd parties passing verbal messages.

Also it doesn't appear you have received any official notification from he company that your sick pay is being withheld. So as far as you're concerned until you receive notification or it is not paid then you will be receiving sick pay as per your contract.

I agree. Passing messages to you in this way appears to be a good tactic to rattle you into making mistakes.

jacques_chirac

Any news OP?

monty-doggy

Yep. I received a letter telling me they are not paying me any sick pay as per the absence policy.

There is no mention of this in the handbook and I don't recall ever seeing the absence policy but I'm not bothered. (Well I am but it doesn't change I wasn't well enough to address the meeting)

I'm going to re schedule for next week. But I'm prob going to resign as now I've been off sick I just know they will sack me anyway.

I can't go back to working the hours I was anyway.

anamenottaken

monty-doggy wrote: »

Yep. I received a letter telling me they are not paying me any sick pay as per the absence policy.

There is no mention of this in the handbook and I don't recall ever seeing the absence policy but I'm not bothered. (Well I am but it doesn't change I wasn't well enough to address the meeting)

I'm going to re schedule for next week. But I'm prob going to resign as now I've been off sick I just know they will sack me anyway.

I can't go back to working the hours I was anyway.

As them for a copy of the policy. Ask them why they are not paying Statutory Sick Pay. If they believe they do not have to pay SSP they have to give you a form which says why and then you can use that to get it from DWP if you are eligible.