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advice required

chocoholic24
Posts: 17 Forumite
Hi
I was wondering if anyone can help me
Currently i am having issues with my workplace as i was away from work on sick leave for 7 weeks, and my work place are disputing that it wasnt a genuine absence ... anyway i am in the process of a disciplinary for this and ive been told it could lead to a dismissal so on the advice of my union i put in a grievance - that was in november last year and only last week i had my grievance hearing - i raised all my points and expressed my feelings and at the end i basically made the manager who was hearing the grievance aware that i feel bullied and harassed (not just because of the disciplinary but because of other things such as managers spreading rumours about me, and also the whole way its been handled since i got back from my sickness)
so i have been searching for a new job - last week i applied for a job that requires an immediate start, i have got an interview for it this week and they require someone to start on the 27th - my contract states 4 weeks notice, however in the past year 3 members of staff have left with 1-2 weeks notice and no action has been taken against them (ive read that the company could possibly sue but they havent done anything of the sort)
i spoke to one of the managers who i get on with quite well and made him aware as soon as i get offered a job elsewhere i intend on leaving straight away and asked if he would still give me a reference to which he agreed - i asked him that would i get sued and he said highly unlikely because no one else has in the past year..
even though none of the 3 people who left without sufficient notice have been sued, none of them had outstanding disciplinaries or grievance hearings in the process, could that result in them suing?
also with the reference can they ask my employers about disciplinaries etc?
my concern is that (i know im thinking too far ahead but im confused) if i get offered the job, that means at any point within 2 years they can dismiss me without a reason - is this correct?
there is a section on the form i have been given to fill in about absences within the last 2 years, and within the last 2 years ive had 7 weeks off sick and that was in one occasion, and ive had 2 days off at a seperate occasion, would it be best to put 37 days or just put the 2 days? as i think 37 days looks extreme but 2 days looks like im not telling the truth (in 2 years?)
on the form it also says that 'no attempt will be made to contact your present employer until you have formally been offered and accepted the position' what concerns me in regards to this is that if they offer me the position, and i tell my work place that i quit with immediate effect, what if my reference comes back unsatisfactory (even though one of my managers has said he will give me a good reference) ? can i 'revert' the fact i would have said 'i quit' ?
sorry for the essay im just really confused as to what to do - i cant stand where i work, every day i go in to work and i swear when i check my emails i start shaking incase something new has come in for them to do me for, i cant concentrate where i am, i just hate it and i need to get out - but worried about the repercussions of just quitting.
any help would be appreciated - thanks guys
I was wondering if anyone can help me
Currently i am having issues with my workplace as i was away from work on sick leave for 7 weeks, and my work place are disputing that it wasnt a genuine absence ... anyway i am in the process of a disciplinary for this and ive been told it could lead to a dismissal so on the advice of my union i put in a grievance - that was in november last year and only last week i had my grievance hearing - i raised all my points and expressed my feelings and at the end i basically made the manager who was hearing the grievance aware that i feel bullied and harassed (not just because of the disciplinary but because of other things such as managers spreading rumours about me, and also the whole way its been handled since i got back from my sickness)
so i have been searching for a new job - last week i applied for a job that requires an immediate start, i have got an interview for it this week and they require someone to start on the 27th - my contract states 4 weeks notice, however in the past year 3 members of staff have left with 1-2 weeks notice and no action has been taken against them (ive read that the company could possibly sue but they havent done anything of the sort)
i spoke to one of the managers who i get on with quite well and made him aware as soon as i get offered a job elsewhere i intend on leaving straight away and asked if he would still give me a reference to which he agreed - i asked him that would i get sued and he said highly unlikely because no one else has in the past year..
even though none of the 3 people who left without sufficient notice have been sued, none of them had outstanding disciplinaries or grievance hearings in the process, could that result in them suing?
also with the reference can they ask my employers about disciplinaries etc?
my concern is that (i know im thinking too far ahead but im confused) if i get offered the job, that means at any point within 2 years they can dismiss me without a reason - is this correct?
there is a section on the form i have been given to fill in about absences within the last 2 years, and within the last 2 years ive had 7 weeks off sick and that was in one occasion, and ive had 2 days off at a seperate occasion, would it be best to put 37 days or just put the 2 days? as i think 37 days looks extreme but 2 days looks like im not telling the truth (in 2 years?)
on the form it also says that 'no attempt will be made to contact your present employer until you have formally been offered and accepted the position' what concerns me in regards to this is that if they offer me the position, and i tell my work place that i quit with immediate effect, what if my reference comes back unsatisfactory (even though one of my managers has said he will give me a good reference) ? can i 'revert' the fact i would have said 'i quit' ?
sorry for the essay im just really confused as to what to do - i cant stand where i work, every day i go in to work and i swear when i check my emails i start shaking incase something new has come in for them to do me for, i cant concentrate where i am, i just hate it and i need to get out - but worried about the repercussions of just quitting.
any help would be appreciated - thanks guys
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Comments
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chocoholic24 wrote: »Hi
I was wondering if anyone can help me
Currently i am having issues with my workplace as i was away from work on sick leave for 7 weeks, and my work place are disputing that it wasnt a genuine absence ... anyway i am in the process of a disciplinary for this and ive been told it could lead to a dismissal so on the advice of my union i put in a grievance - that was in november last year and only last week i had my grievance hearing - i raised all my points and expressed my feelings and at the end i basically made the manager who was hearing the grievance aware that i feel bullied and harassed (not just because of the disciplinary but because of other things such as managers spreading rumours about me, and also the whole way its been handled since i got back from my sickness)
so i have been searching for a new job - last week i applied for a job that requires an immediate start, i have got an interview for it this week and they require someone to start on the 27th - my contract states 4 weeks notice, however in the past year 3 members of staff have left with 1-2 weeks notice and no action has been taken against them (ive read that the company could possibly sue but they havent done anything of the sort)
i spoke to one of the managers who i get on with quite well and made him aware as soon as i get offered a job elsewhere i intend on leaving straight away and asked if he would still give me a reference to which he agreed - i asked him that would i get sued and he said highly unlikely because no one else has in the past year..
1. even though none of the 3 people who left without sufficient notice have been sued, none of them had outstanding disciplinaries or grievance hearings in the process, could that result in them suing?
2. also with the reference can they ask my employers about disciplinaries etc?
3. my concern is that (i know im thinking too far ahead but im confused) if i get offered the job, that means at any point within 2 years they can dismiss me without a reason - is this correct?
4. there is a section on the form i have been given to fill in about absences within the last 2 years, and within the last 2 years ive had 7 weeks off sick and that was in one occasion, and ive had 2 days off at a seperate occasion, would it be best to put 37 days or just put the 2 days? as i think 37 days looks extreme but 2 days looks like im not telling the truth (in 2 years?)
5. on the form it also says that 'no attempt will be made to contact your present employer until you have formally been offered and accepted the position' what concerns me in regards to this is that if they offer me the position, and i tell my work place that i quit with immediate effect, what if my reference comes back unsatisfactory (even though one of my managers has said he will give me a good reference) ? can i 'revert' the fact i would have said 'i quit' ?
sorry for the essay im just really confused as to what to do - i cant stand where i work, every day i go in to work and i swear when i check my emails i start shaking incase something new has come in for them to do me for, i cant concentrate where i am, i just hate it and i need to get out - but worried about the repercussions of just quitting.
any help would be appreciated - thanks guys
I've inserted numbers.
1. Yes, they could. But it's extremely unlikely - it actually sounds to me as if they would probably be pleased to lose you, if they have an unresolved disciplinary which they are having to put more effort into resolving. (Please note this isn't a comment on you, just on the fact they may be glad to see a resolution to what they might see as a tricky situation).
2. Yes, and they probably will. It may be important for you to ensure that any resolution to your grievance includes an agreed reference.
3. Yes. Anyone who starts a job with a new employer has no security for two years, nowadays. They can dismiss for any (non-discriminatory) reason.
4. Don't even THINK of not telling them the full story. Is your 35 day absence related to a medical problem that is now resolved? If so, stress that there were only two absences, one long 7 week one for a problem which is now resolved, and one 2 day one. If the problem is NOT resolved, do you maybe qualify for any special consideration under disability?
It worries me that you think 2 days' absence in 2 years is unrealistically low, though!!!
5. And don't THINK of resigning until you have an unconditional offer, in writing, from your new employers. There is no way you should risk resigning and then finding that your offer is taken back because of sickness or a poor reference. If you resign, you can try to take it back but your employer can quite justifiably refuse to accept that you have changed your mind. So no, you can't 'revert'.Ex board guide. Signature now changed (if you know, you know).0 -
many thanks jobbingmusician - u have helped clear it up for me
in regards to receiving an unconditional offer of employment, if they accept me conditionally can i say that i wont be telling my employers until i get the unconditional offer in writing? or will it look like im trying to hide something? (this is for any future employment not just this one im going for this week as i have applied to a few places that require an immediate or within 1-2 week start)
thankyou0 -
Nope, it won't look as if you are hiding anything - this is standard advice in any employment situationEx board guide. Signature now changed (if you know, you know).0
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i have just been speaking to a friend and i am now even more baffled than i was to start with
i think my main/major concern here is if i get accepted and offered a job somewhere subject to references and i leave my current role to start somewhere else and my reference comes back unsatisfactory, then what can i do?
as advised in the original post, the application form states 'no attempt will be made to contact your present employer until you have formally been offered and accepted the position' so if they offer me a contract in writing and i sign and confirm ive accepted and then they do reference checks and my reference comes back unsatisfactory then they can get rid of me due to the new rules.. that would then leave me without a job, am i correct in thinking that?
this applies to any potential new job i go for..0 -
chocoholic24 wrote: »i have just been speaking to a friend and i am now even more baffled than i was to start with
i think my main/major concern here is if i get accepted and offered a job somewhere subject to references and i leave my current role to start somewhere else and my reference comes back unsatisfactory, then what can i do?
as advised in the original post, the application form states 'no attempt will be made to contact your present employer until you have formally been offered and accepted the position' so if they offer me a contract in writing and i sign and confirm ive accepted and then they do reference checks and my reference comes back unsatisfactory then they can get rid of me due to the new rules.. that would then leave me without a job, am i correct in thinking that?
this applies to any potential new job i go for..0 -
Did you confuse the 'we would like someone to start as soon as possible' and 'you have to start work on day x if you want that job'?
The reality is that anyone would be foolish to give notice to a job before a final offer of a job. Besides the issue of references, they could decide that they don't have the budget after all, or someone else can take the job etc... It is not common, but not unheard either that a company withold a job between a conditional offer and a unconditional offer.
Tell them that you will give notice as soon as you get that unconditional offer and that you will attempt to try to start as soon as possible and negotiate your notice with old employer but due to legal risk, you might not be able to start earlier.0 -
well - i went for my interview, and i passed, and i have the job! so i am leaving my current work place with immediate effect (as soon as the confirmation of the new job arrives)
in regards to my earlier questions - my absence for 7 weeks as sickness is being disputed by my current work place, so i got told by one of our managers that as it is not recognised as 'sickness' as such i dont need to declare it as sick leave - my current work place are saying its 'unauthorised absence'
my notice period is 4 weeks, i will be leaving immediately - i know this may sound like a silly question but theres different schools of thought on this - i get paid on the 28th each month - is it likely that my current work place will stop me getting paid on 28 january as i have not fulfilled 4 weeks notice as my contract states?
we get paid for the current month and then any overtime etc is paid a month in arrears
a girl who worked with me handed her notice in november and worked a 2 week notice period (this wasnt agreed upon with management - the girl did it off her own back even though her contract was same as mine, 4 weeks notice) and she got paid up until the last day she worked. im thinking i may possibly get paid? payroll is run on the 10th i think so is it possible for them to stop it now?
in regards to reference ive been told not to worry, one of my managers is willing to vouch for me as he knows im a hard worker, just other people making it hard for me.0 -
Another concern - although it depends on the company my partner gave his reference as his manager for his department but when starting the new job they went and contacted the place direct and got a ref off the head manager - not that their was a problem on his end but in this case their might of been.
If I was you I would tell your manager (the one that doesn't like you) that you have a new job but only if you can start on XX date...he will most likey agree to letting you go.People don't know what they want until you show them.0 -
Have you considered taking legal advice from professionals of this field. As it looks your current employers are doing everything to make your life tough so it will be better if you seek some advice from a work place legal advice lawyer.0
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