Can an employer dictate how you commute?

Dan83

CrowCrow wrote: »

To me if they are mandating mode of transport then the commute becomes work hours as they are controlling and directing you at that time.

That is an interesting point, is that law or your opinion?

Although my above comment sounds !!!!!y, it's not meant in a nasty way.

Taiko

Had a follow up OH meeting today, which yielded some strange things.

- 2 months down the line, OH have still not had the information from my GP. Tried to pin this on my GP not responding, but I'd already seen my GP last week, who confirmed they only wrote a short time ago, and hadn't yet paid for the report.

- OH denied that they advised the employer I was not permitted to drive to work, claiming that HR misinterpreted the report. Email previously received from HR indicates HR telephoned OH, but only ever said "the driving restriction still stands".

HR contact wasn't available when I left the appointment, but I'm aware the question was asked if I am fit to attend a disciplinary. No idea when that will end up being, if that is the case.

My own GP offered to sign me off work for a period of time, as the stress/anxiety is causing significant issues. I asked for another solution in the meantime though, and have now been given some tablets to try and help me at least get to sleep at nights.

GP and DVLA are both still happy for me to drive. Waiting now to see the outcomes from all of this.

agrinnall

Thanks Taiko, good luck with it, hope things work out in your favour.

Taiko

Not looking good now. A doctor, other than the one I've been seeing, responded to a letter from OH. The new advice is that I don't drive at all for the time being. That in itself will be a grounds for dismissal.

My HR liaison is unfortunately no longer returning my emails, despite being in the office and showing as available. Colleagues are now blanking me completely, so much so that my own team members didn't work on our allocated desks today, and decided to go and do their work in another part of the same office. We don't run a hot desk policy but I had absolutely nobody around me at all today.

With regards to the tablets I mentioned in my last post, I took those along with me to OH as I'd picked up the prescription the day before, but forgot to take them home. OH though have worded there report to say I'm not taking my medication, which is a huge spin on the reason for not taking sleeping tablets during the working day.

Not overly sure how much of a fight I have left in me now. I'm hoping the solicitor can help me fight this.

Taiko

As an update, OH did amend the wording on the report that was sent, which made the advice they were giving clearer.

Unfortunately, I've now been given a payment in lieu of notice, and my employment is terminated. A sick note was given to me last week, as I had an unfortunate reaction to the sleeping tablets given.

With regards to the PILON, is there anything I should be looking at more closely?

agrinnall

Sorry to hear that, although hopefully you can now find something with a more understanding employer.

Was your PILON paid net of tax or gross? Which is due depends on the terms of your contract - it's not an area I know much about so hopefully others can provide specifics.

Also make sure that you have been paid for any acrrued holidays.

Taiko

It's not been paid at all, as yet. Sorry, really should've worded that better.

My effective termination date was made as last Friday, and that I would be given the PILON. I cannot access the payslips, so it's a case of waiting to see what comes in the post.

Strangely, the retching that I've had for 4 months non stop has now disappeared completely. No incidences in over a week now. Blood pressure readings are pretty normal as well, and I'm not having the weakness when going from warm rooms to cold. Probably just coincidence, or just early days!

Savvy_Sue

I believe - and I'm sure the ACAS site would be worth visiting to check this - that if it's PILON (Pay In Lieu Of Notice) that it is tax free [up to £30,000]. As in 'we don't want you to work your notice'.

But it's a good point to make sure you are paid for all your accrued holidays and that would be worth thinking about - what you're owed. You accrue holiday even while you're on sick leave. So when does your leave year start? Did you carry any over from last year? How much have you taken this leave year? How much of this leave year have you actually worked?

General_Grant

Savvy_Sue wrote: »

I believe - and I'm sure the ACAS site would be worth visiting to check this - that if it's PILON (Pay In Lieu Of Notice) that it is tax free [up to £30,000]. As in 'we don't want you to work your notice'.

If PILON is contractual then it is taxable.

Taiko

Leave year of January - December, and I believe I had two days carried forward. I believe I've taken 2 days this leave year for appointments, possibly 3. Unfortunately, I cannot access the website that holds all my payslips now, as well as the leave records.

Contract states 24 days a year, so accruing at 2 days/month.

Probably also need to find out about the 6 months of pension contributions paid in and getting those out of there.

One of the other things to come to mind is that they have a private medical insurance in place, as well as a separate scheme where you could reclaim for eye tests, dental appointments etc. I've had a pre-booked dental appointment next week, for which I'd usually be able to get fully reimbursed upon receipt to the scheme provider. Am I right in assuming I could no longer do this?