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Sent in sick note - do I need to phone every day
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Where did he rifle through someone else's stuff? Have I missed something here? In one of his other threads he's literally said his colleague on the same band has sent him an email thread with information pertaining to his own personal information? Sickness reasons/DOB etc?
Nicechap did you even read my latest post?
Done with this now. Point still stands. No HR person with half a brain will authorise sacking someone because they've been off with what sounds like stress. Not without a hefty payment anyway.
I think youve misread.
In one, he moves a bag them rifles through the contents which fell out.
The other, his colleague was sent his sickness details as part of his colleagues role. Nothing wrong with that. Someone has to process the sickness details.
Hefty payment? You're a worry.0 -
No HR person with half a brain will authorise sacking someone because they've been off with what sounds like stress. Not without a hefty payment anyway.
I don't think I've met many HR people with half a brain - they're not usually that intelligent....
Anyway, the OP won't be sacked and there won't be a hefty payment - they'll be managed out with very little payment whatsoever, and entirely lawfully. Which, I suspect, is what's starting to happen here...0 -
ReadingTim wrote: »I don't think I've met many HR people with half a brain - they're not usually that intelligent....
..
I used to work in HR and still have friends who do so. It's fair to say my experience of HR personnel is a lot different than yours.
However, I would have concerns about any advice from @Faintlol. Works in HR but doesn't know about the 2012 change from one to two years service before you can claim unfair dismissal. That's really basic stuff.0 -
@Simon2018 - I'm unsure why you keep asking everyone questions when you don't listen to the answers. You just hear what you want to hear.
@FaintLol - For you I'm unsure why your saying any HR person with half a brain or any person worth their salt and then admitting your HR and haven't updated you procedures since 2012.Save £12k in 2019 -0 -
The GDPR is not going to make references disappear.
The OP has not made a protected disclosure in order to qualify for whistle blowing protection.
The OP has less than two years employment.
Tell us Faintlol, on what grounds will the OP make a tribunal claim?
And where do you apparently work in HR, so the rest of us can avoid it!0 -
Thanks for that though - I hadn't realised the regulations had been extended in 2012. I work in HR myself but every department I've ever worked in this would never even cross our minds to do. Normally looking at cases like this after 6 months probation.Point still stands. No HR person with half a brain will authorise sacking someone because they've been off with what sounds like stress. Not without a hefty payment anyway.
Umm, I think you should consider some HR CPD (Continuing Professional Development) refreshers.
Of course a company can follow capability processes whilst someone is signed off sick... that's what the process is for... to decide if a person is capable to continue in the role. Sadly some people's health conditions may mean their continued employment is not of benefit to the company or the individual. Businesses employ people to fulfil business needs; they are not there to provide a social service.
http://www.acas.org.uk/index.aspx?articleid=56290 -
Sack him? For what exactly?
Anything they want. As he hasn't been there two years they don't have to even give a reason. Given the hassle he's already caused as a fairly new member of staff and now having gone off on, what I assume it stress leave if he worked for me he wouldn't be coming back.As far as a reference goes - come 25th May they'll pretty much disappear. GDPR will see to that.
GDPR doesn't make a difference. There's some debate about this but presumably as long as someone isn't in a regulated job they can ask to be forgotten and therefore won't get a reference. Those that don't wish to be forgotten will get a reference. I expect businesses will continue to assume that no reference is a bad reference regardless of the reason so I'd imagine it's in most peoples interests to not go down this route.Look at the data breach OP mentioned in his previous post. All he has to say is that he told the company he was going to tell the ICO about this (basically whistleblowing) and they've sacked him using the medical grounds as an excuse.
Which is a lie (he has no proof) and doesn't make him immune from being fired anyway.
Do you honestly work in HR? I don't and appear to know more than you. This is basic stuff.0 -
OP I suggest you look for another job or have the bullying issues been resolved0
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GDPR doesn't make a difference. There's some debate about this but presumably as long as someone isn't in a regulated job they can ask to be forgotten and therefore won't get a reference. Those that don't wish to be forgotten will get a reference. I expect businesses will continue to assume that no reference is a bad reference regardless of the reason so I'd imagine it's in most peoples interests to not go down this route.
. . ..
They can ask but the employer doesn't need their consent to keep HR files for years after employment ends. For example could cite Limitation Act 1980 as reason for keeping.0
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