Employer issue

MFWannabe

LEEDASH wrote: »

Also can some one explain contractual notice to me,they only thing I can understand from my original contract is,
One week notice if I leave,or if dismissed up to one year for every twelve full worked,I'm currently coming up to sixteen years,

This certainly doesn't sound right; one week notice if you resign but they would have to provide one year for every twelve worked.
Is that the problem you believe you would be entitled to 12 months pay if they dismiss you so that is what you want them to do?


I think you should speak to ACAS:
From website: The Acas Helpline provides clear, confidential, independent and impartial advice to both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules.

elsien

They're not going to offer voluntary redundancy if the post is still there but the OP cant do it. Far more likely to terminate on grounds of incapacity.
OP - you can resign, or you can stay off sick and wait for them to dismiss if there is no realistic chance of you returning any time soon. What would you like to happen?

tomtontom

FREEZ wrote: »

This certainly doesn't sound right; one week notice if you resign but they would have to provide one year for every twelve worked.
Is that the problem you believe you would be entitled to 12 months pay if they dismiss you so that is what you want them to do?


I think you should speak to ACAS:
From website: The Acas Helpline provides clear, confidential, independent and impartial advice to both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules.

I would agree - far more likely to be one week for every year worked up to 12 years.

getmore4less

Read the history of this issue.

The OP goes round in circles ignores the suggestions then disappears for a while to return to do the same gain.

Once you have read the history it will save you going over old ground if you want to try this time................

MFWannabe

getmore4less wrote: »

Read the history of this issue.

The OP goes round in circles ignores the suggestions then disappears for a while to return to do the same gain.

Once you have read the history it will save you going over old ground if you want to try this time................

Yep; agree totally. Op was on here in July asking exactly the same questions and not saying what they wanted. Then again in October when they had stated that the company were going to dismiss them in Janauary 2014 due to long term ill health and it didn't happen because they were then sold and you could have really done with the money
Then back on in November?! Looks to me they are just annoyed that they weren't dismissed by old company and therefore received a payment and then company was sold so trying to get new company to stand by this and trying to get a payout


If old company was bought by new company then OP you will have been transferred under TUPE regulations and they will be very aware of your circumstances.
As I said previously speak to ACAS instead of keep returning on here asking the same questions. Or perhaps you have and didn't like the answers?

theoretica

I suspect that part of the issue may be that while things may be clear in the OP's head they aren't coming across, either in the posts here or in communication with the company. You don't want to go to the other extreme of presenting your whole life history, but making your messages and a bit longer and ensuring they tell the whole story clearly might help the company (and us) respond usefully.

Leedash

One weeks pay for every full year worked up to twelve,but only in dismissal from there side,not if I resign,I would only have to give one week.
I am sorry if people don't like my post,I can't please everyone,I do not understand work issues hence whilst post on this group.
If you don't like what I'm saying please do not comment,it will only ruin my original thread.
Answering to Marley,the original company was going to consider to terminate my employment if I did not return to work,in January 2014,funny enough the same day as I had my medical/tribunal.
I did not return,I was found unfit and heard no more from the last company,hr left managers got sacked etc,I even contacted weekly to head office and was always fobbed off by receptionists,about having a call back.
The only time was in was in April this year,when I managed to contact the ex director who said the company has now been sold,the hr left in January and all details would be passed on to new company.

Another_not_new_user

LEEDASH wrote: »

One weeks pay for every full year worked up to twelve,but only in dismissal from there side,not if I resign,I would only have to give one week.
I am sorry if people don't like my post,I can't please everyone,I do not understand work issues hence whilst post on this group.
If you don't like what I'm saying please do not comment,it will only ruin my original thread.
Answering to Marley,the original company was going to consider to terminate my employment if I did not return to work,in January 2014,funny enough the same day as I had my medical/tribunal.
I did not return,I was found unfit and heard no more from the last company,hr left managers got sacked etc,I even contacted weekly to head office and was always fobbed off by receptionists,about having a call back.
The only time was in was in April this year,when I managed to contact the ex director who said the company has now been sold,the hr left in January and all details would be passed on to new company.

Oh dear. Someone else who people are bending over backwards to help, won't help themselves and won't listen. The fact you do not get the answer you want OP, does not mean the answer is wrong.


Here's how it is. You are on long term sick, and I presume getting no payments from your employer. The employer can leave you there. Full stop. They don't have to answer your (probably incoherent) communications, and they don't have to dismiss you. If they don't dismiss you then you won't get any money. Which they must be aware of. Plus, rationally, they may also be aware of the fact that it is only a matter of months before the current holiday pay whilst on sick change - there are already limiting judgements in the European court, and it's only a matter of time before the law changes in the UK.


But it is very clear that "I wanna talk to you" isn't really working - and nothing may. But if you want something then you need to ASK for it. Albeit that they can simply ignore you if what you want is dismissal - because there is nothing in the world that can make them dismiss.


BTW - have you continued to provide fit notes to the employer saying you are unfit for work? Because if you haven't it may all be rather moot.

Leedash

Yes all the way through they have had sick notes,I don't ask for holiday money,I've only asked what I am entitled to,I'm not sure on eu laws regarding holiday pay or even if they have to pay it.
The employer knows that I'm now unfit by letter but have not heard no more,by your reply (another not new user) if they finish my employment I will get nothing no notice holiday or anything,Is this definitely correct information as it's not what I'm reading in my original contract and I have not signed any new paper work even though with this new employer that's taken over.

Another_not_new_user

LEEDASH wrote: »

Yes all the way through they have had sick notes,I don't ask for holiday money,I've only asked what I am entitled to,I'm not sure on eu laws regarding holiday pay or even if they have to pay it.
The employer knows that I'm now unfit by letter but have not heard no more,by your reply (another not new user) if they finish my employment I will get nothing no notice holiday or anything,Is this definitely correct information as it's not what I'm reading in my original contract and I have not signed any new paper work even though with this new employer that's taken over.

I said no such thing, but what is it that you think you are "entitled to"? I have already told you - if they haven't dismissed you, which they have not, you are not "entitled" to anything. You are not entitled to an answer - especially not to a question that you have not even asked.. You are not entitled to be dismissed. So what exactly do you think you are entitled to get? Being unfit to work does not entitle you to be sacked. The employer can sit there and not sack you for the next twenty years if they want.


You've been asked a dozen times at least. You say you don't want money, but you want what you are entitled to (which sounds a lot like money).... What exactly do you want the employer to answer?