Employer refusing to pay...

AdviceSought

Just looking for some advice on how to proceed with this...

Basically, I started a job in mid-September.

In mid-October, I had a relapse with depression and was off work for a couple of days.

When I returned to work, I effectively got a verbal warning for having been off, asked if I could guarantee that I'd not be off again, asked if I was actually trying to or wanting to get better and also a remark was made that implies that people can turn depression on and off at will.

Due to this, I left my position immediately.

By my calculations, I should have been due wages for 2 days worked in October, I had used some days planned leave, so didn't expect any money for some of those as I'd only accrued 1.3 days leave based on days worked.

The company also, for some reason, don't operate any sick pay scheme, so I did not expect any pay for the days I was off sick.

On Friday, no money appeared in my bank account, so I queried this.

My former employer basically came back with the following...

I will get this checked with *** however we did not get sickness notes, in particular for the day before you suddenly left where the only message we got was that you were tired. You took some time off work on paid holiday so that also has to be fully taken into consideration.

There is also the fact that we were not given any notice, a week being custom but I did notice that you had not signed your contract either.

I responded pointing out that they did get sickness notes, that I've calculated what I believe I am owed, I'd only taken into account days worked in October, and what would have been accrued in terms of holidays from the days worked in September and October. I did not include any of the days I was off sick, as I noticed that unlike any of my previous employers there is not a sick pay scheme, or the actual number of days I was off on leave in this equation.

With regards to my contract I only received it to look at during the meeting which proved detrimental to my mental health, after four weeks with the company, so I'd not had a chance to even look at it properly, let alone sign it.

spadoosh

I'd suggest going in to sit down a go through both of your calculations to see how each of you have come up with your figures.

Payment cant be witheld for not working notice unless they can prove losses, rare it happens. Accrued holidays must be paid, they can round up but not down. SSP is payable if you earn over £113 a week, have a contract (you do), been off over 4 days continuous, provide a sick note (fit note) and give the correct notice. Im guessing the latter two are being questioned.

Advice to proceed is to keep in contact with them, find out what exactly they are and are not paying you for. Then questions those things you wish to question.

AdviceSought

There weren't four consecutive days off, so I didn't bother to include any SSP in my calculation either.

FBaby

I had used some days planned leave

How many days?

AdviceSought

FBaby wrote: »

How many days?

3.

None of which have been paid and I didn't include them in my calculation either.

I merely calculated the days I actually attended during this period, and what holidays I'd have accrued through all of the days I'd actually worked for the company.

Takeaway_Addict

AdviceSought wrote: »

Just looking for some advice on how to proceed with this...

Basically, I started a job in mid-September.

In mid-October, I had a relapse with depression and was off work for a couple of days.

When I returned to work, I effectively got a verbal warning for having been off, asked if I could guarantee that I'd not be off again, asked if I was actually trying to or wanting to get better and also a remark was made that implies that people can turn depression on and off at will.

Due to this, I left my position immediately.

By my calculations, I should have been due wages for 2 days worked in October, I had used some days planned leave, so didn't expect any money for some of those as I'd only accrued 1.3 days leave based on days worked.

The company also, for some reason, don't operate any sick pay scheme, so I did not expect any pay for the days I was off sick.

On Friday, no money appeared in my bank account, so I queried this.

My former employer basically came back with the following...



I responded pointing out that they did get sickness notes, that I've calculated what I believe I am owed, I'd only taken into account days worked in October, and what would have been accrued in terms of holidays from the days worked in September and October. I did not include any of the days I was off sick, as I noticed that unlike any of my previous employers there is not a sick pay scheme, or the actual number of days I was off on leave in this equation.

With regards to my contract I only received it to look at during the meeting which proved detrimental to my mental health, after four weeks with the company, so I'd not had a chance to even look at it properly, let alone sign it.

Did you declare the depression before starting the job?
I don't see the issue in asking whether you are being proactive in your recovery.
Perhaps you're reading to much into things?
And you wonder why they're being difficult consideirng you absence and then just walking away...

Sarastro

Takeaway_Addict wrote: »

Did you declare the depression before starting the job?
I don't see the issue in asking whether you are being proactive in your recovery.
Perhaps you're reading to much into things?
And you wonder why they're being difficult consideirng you absence and then just walking away...

Sadly, Takeaway Addict, many employers (and clearly this one) share your outdated, stereotypical and stupid attitudes to people with mental health issues.

OP, try finding a local CMHT or Charity that offers an "Individual Placement and Support" service. They will help you with finding employment and disclosure to your employer. Hopefully, you will find someone who gives parity of esteem to mental health as they would physical health.

Samsung_Note2

Sarastro wrote: »

Sadly, Takeaway Addict, many employers (and clearly this one) share your outdated, stereotypical and stupid attitudes to people with mental health issues.

OP, try finding a local CMHT or Charity that offers an "Individual Placement and Support" service. They will help you with finding employment and disclosure to your employer. Hopefully, you will find someone who gives parity of esteem to mental health as they would physical health.

Thats rather over the top isnt it...?

How can an employer offer any advice/support if the employee isnt open and honest and share any physical or mental illness they might have.

Employers are not mind readers...so how would they know if not informed,and yes i feel its quite appropriate to ask questions regards time off,my late mother had mental health issues and she would fiddle her hours at work and take extended periods off as she would scream "I cannot cope" at her employer and spend 2 weeks riding all over Europe on the back of her fella"s Norton.

Her firm knew she was playing them as she would have the photos developed and show them around the staff canteen..but what can work do about it..she was always the victim if they dare mumble about where she had been.!

Works both ways and an employer shouldn't be abused for asking questions.

sangie595

Samsung_Note2 wrote: »

Thats rather over the top isnt it...?

How can an employer offer any advice/support if the employee isnt open and honest and share any physical or mental illness they might have.

Employers are not mind readers...so how would they know if not informed,and yes i feel its quite appropriate to ask questions regards time off,my late mother had mental health issues and she would fiddle her hours at work and take extended periods off as she would scream "I cannot cope" at her employer and spend 2 weeks riding all over Europe on the back of her fella"s Norton.

Her firm knew she was playing them as she would have the photos developed and show them around the staff canteen..but what can work do about it..she was always the victim if they dare mumble about where she had been.!

Works both ways and an employer shouldn't be abused for asking questions.

I agree. And rather rich coming from someone who, at the same time, told someone not to pay their employee owed wages/holiday pay - not paying your employees being an outdated, stereotypical and stupid attitude, in my book. Takeaway_addict expressed no opinion as to the validity of the OPs mental illness - they very reasonably pointed out that you cannot expect support, or think you are being discriminated against, if you fail to talk to your employer. ANY employee who had a significant period of time off within weeks of starting work will be questioned - most would have been sacked on the spot! A disability doesn't mean an employer had no right to treat you the same way as they would others. That's what equality is about.

I can't quite decide, based on this person's posts, whether they simply have no understanding of the real world and employment, or whether they are simply trying to up their post count for some reason, since they posted a whole host of equally wrong and silly comments on this board last night! On just about every thread in the last week it seemed!

Manxman_in_exile

I used to work for a mental health trust. I suspect we were not much better at managing mental health issues with staff than most other employers.

Takeaway_Addict

I was going to reply but others put it quite well.

thank you