Family Death during notice period

starless38

I am 1 week into a 4 week notice period at work, I have been here just over 2 months (the job isn't for me, until now they've been fab), last weekend an uncle I was very close to was killed in a RTA.

We are a small, close family, my small cousins are distraught - my Aunt has no other family in the UK, he was my dad's youngest brother and he lived with us until I was 15 and my brother was 16.

I called work Monday morning and advised I was too traumatised to go in, they instantly asked how long I needed off, said I didn't know yet - I have kept in constant contact and today advised I could not finish my notice period and could this possibly be waived. They have quoted my contract and legal obligation back at me. We're waiting for an inquest then can arrange the funeral, my Mum who is sole carer to my grandparents is also grieving so I have been helping best as i can to care for my grandparents.

I guess my question is - do you think my employer is being harsh? What do they have to gain - I am leaving for a new role anyway (someone else is already doing my job after a week of training with me) so why put me through the process of now having to acquire a sick note to confirm I am not fit enough to work the next 3 weeks? This is as much as me needing to be around to support my family as dealing with my own grief.

thanks in advance

74jax

Everywhere is different, in my work we get 5 days for a close relative (an uncle would fall into that at my work) and everyone else outside (including friends) is 1 day.

starless38

oh they havent paid me anything as an uncle isn't significant enough...

i'm not bothered about money i just want to finish the notice period so i can concentrate on my family and then my new role which begins Sept 2nd

Pricivius

Have you asked them if you could take unpaid leave? DO they know you don't want paying during this period?

kazwookie

I think they are within their rights to ask how long you are going to be off, the fact you are in your notice period has nothing to do with it IMO

Sorry for your loss

starless38

yep - I have said since Monday money is not an issue but they still won't allow me to finish now.

I do not get what there is to gain for them.

Broadyx

I would make it clear about the pay and then see what they say. They are unlikely to pay for that length of time for your uncle (as harsh as that sounds) so maybe that's why they are concerned about you not returning.

starless38

I've reiterated the pay thing 3 times now - I'm getting nowhere.

I'm fine with keeping in touch but with everything to organise and also the support those around me need I won't be able to work the rest of the notice period, maybe it's just me... I just don't see why it effects them - someone else is doing the job and they're not having to also pay me... they're being very robotic with me and everything is via email (traceability I guess) and when I call to speak to HR they say to email instead

Undervalued

starless38 wrote: »

I am 1 week into a 4 week notice period at work, I have been here just over 2 months (the job isn't for me, until now they've been fab), last weekend an uncle I was very close to was killed in a RTA.

We are a small, close family, my small cousins are distraught - my Aunt has no other family in the UK, he was my dad's youngest brother and he lived with us until I was 15 and my brother was 16.

I called work Monday morning and advised I was too traumatised to go in, they instantly asked how long I needed off, said I didn't know yet - I have kept in constant contact and today advised I could not finish my notice period and could this possibly be waived. They have quoted my contract and legal obligation back at me. We're waiting for an inquest then can arrange the funeral, my Mum who is sole carer to my grandparents is also grieving so I have been helping best as i can to care for my grandparents.

I guess my question is - do you think my employer is being harsh? What do they have to gain - I am leaving for a new role anyway (someone else is already doing my job after a week of training with me) so why put me through the process of now having to acquire a sick note to confirm I am not fit enough to work the next 3 weeks? This is as much as me needing to be around to support my family as dealing with my own grief.

thanks in advance

Obviously a very sad situation.

The hard legal position is that there is no statutory entitlement to compassionate leave although it would be a very unusual firm indeed that does not allow at least some. It is of course possible you may have a contractual entitlement.

Secondly an employer can dictate when you can and cannot take your annual leave, including during your notice period. Obviously if they do not allow you to take all leave that is due before your leave they are obliged to pay you for it but that is their choice.

You do however have an entitlement to "short" periods of unpaid leave for "emergency situations" involving those who reasonably depend on you. Both terms in quotes are undefined in the legislation but it is usually taken to mean a day or two to make arrangements for their care, not long periods to do it yourself.

Regarding sick leave, that is down to your doctor. If he considers you too unwell to be at work he can of course sign you off sick. What he should not do (although it happens) is sign you off sick so that you are free to care for others.

Technically you have no right to cut your notice short. All you can do is ask them if they will agree and if not decide if you are willing to take a chance and do it anyway.

As to why your firm are being particularly difficult / harsh I cannot say, but harsh / difficult is not the same thing as behaving unlawfully.

snilloct1957

The company does seem unusually harsh in not allowing you any time to organise a funeral or even grieve yourself. Is there a union rep or welfare officer you can talk to about this situation?

Undervalued

snilloct1957 wrote: »

The company does seem unusually harsh in not allowing you any time to organise a funeral or even grieve yourself. Is there a union rep or welfare officer you can talk to about this situation?

I totally agree but sadly, as I said, they are not behaving unlawfully.