Working my notice

Hi 
    I have worked in my place for 37 yrs ,  last 6 months I have seen off with knee issues ,   My sickness pay ran out on 27th of December ,  I returned back to work after the holidays ,   I lasted 4 days then due to pain asked for 2 weeks off which was granted.
during this time I realised I didn’t want to return and went in and handed in my notice asking for it from immediate effect ,   My line manager said the company might ask for 4 weeks notice, but would speak to hr to see if he could get it cancelled ,   That was last Wednesday , about 2 hours ago I get a text saying was expecting me back at work on Monday , which was a bit out the blue .
I really don’t feel up to this ,   Is there any way out of it ,  I just want my p45 and get out ,    If I went back on the sick , even tough I won’t get paid will that see out my notice ,   I’m also wondering whether it’s the 2 week holiday I’ve took that’s annoyed them as I would have prob got that in end of January’s pay ,    Any help appreciated ,  I just want away from the place and get my p45 ,    I have tha chance of a much less physically demanding part time job 
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Comments

  • Wonka_2
    Wonka_2 Posts: 609
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    After 37yrs service I'd be expecting a bit more from them than you having to resign/walk away and then argue about your notice period

    Are you a union member ? 
  • johnnyren
    johnnyren Posts: 111
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    Yes ,   I’m with unite,   I’m also disgusted with there actions ,     I can only think it’s cause in effect I hadn’t accrued the 2 weeks holiday I took 4 days after the return from holidays ,  there being awkward ,   Nightmare 
  • pinkshoes
    pinkshoes Posts: 20,001
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    Wow, that's pretty awful treatment by a company when you've worked that long for them.

    If the job is physical and too much for your knee, then I would suggest getting a doctor's note to sign you off for the rest of the notice period.

    You will still accrue holiday in the notice period, so they will have to pay you any unused holiday. 
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

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  • DullGreyGuy
    DullGreyGuy Posts: 8,983
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    johnnyren said:
    Is there any way out of it ,  I just want my p45 and get out ,    If I went back on the sick , even tough I won’t get paid will that see out my notice ,   I’m also wondering whether it’s the 2 week holiday I’ve took that’s annoyed them as I would have prob got that in end of January’s pay ,    Any help appreciated ,  I just want away from the place and get my p45 ,    I have tha chance of a much less physically demanding part time job 
    What is the notice period in your contract?

    Notice periods are a double edged thing, obviously great when your employer wants rid of you and have to pay you for 4-12 weeks notice etc but a pain when it comes to wanting to move on yourself. The law generally sees the longer the notice period to be positive to employees.

    Having agreed to work a notice period in your contract it requires both sides to agree to a shorter period. If they are saying 4 weeks notice and your contract says it 8 weeks then they've already made a concession, if its 4 weeks then they are only asking you to do what you agreed. Depending on what you do, how many of you there are etc loosing a member of staff can be very inconvenient and take time to plan around. 

    At the end of the day if you are ill/injured you can just get the appropriate fit notes from your Dr 
  • johnnyren
    johnnyren Posts: 111
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    pinkshoes said:
    Wow, that's pretty awful treatment by a company when you've worked that long for them.

    If the job is physical and too much for your knee, then I would suggest getting a doctor's note to sign you off for the rest of the notice period.

    You will still accrue holiday in the notice period, so they will have to pay you any unused holiday. 
    pinkshoes said:
    Wow, that's pretty awful treatment by a company when you've worked that long for them.

    If the job is physical and too much for your knee, then I would suggest getting a doctor's note to sign you off for the rest of the notice period.

    You will still accrue holiday in the notice period, so they will have to pay you any unused holiday. 
    pinkshoes said:
    Wow, that's pretty awful treatment by a company when you've worked that long for them.

    If the job is physical and too much for your knee, then I would suggest getting a doctor's note to sign you off for the rest of the notice period.

    You will still accrue holiday in the notice period, so they will have to pay you any unused holiday. 
    Thanks ,   I’m so disgusted with there treatment that I might just go back to the doctor and get a sickness line ,  would that satisfy the company ?   Remembering they might feel I’ve been paid for 2 weeks for nothing as I hadn’t accrued those holidays 
  • johnnyren
    johnnyren Posts: 111
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    johnnyren said:
    Is there any way out of it ,  I just want my p45 and get out ,    If I went back on the sick , even tough I won’t get paid will that see out my notice ,   I’m also wondering whether it’s the 2 week holiday I’ve took that’s annoyed them as I would have prob got that in end of January’s pay ,    Any help appreciated ,  I just want away from the place and get my p45 ,    I have tha chance of a much less physically demanding part time job 
    What is the notice period in your contract?

    Notice periods are a double edged thing, obviously great when your employer wants rid of you and have to pay you for 4-12 weeks notice etc but a pain when it comes to wanting to move on yourself. The law generally sees the longer the notice period to be positive to employees.

    Having agreed to work a notice period in your contract it requires both sides to agree to a shorter period. If they are saying 4 weeks notice and your contract says it 8 weeks then they've already made a concession, if its 4 weeks then they are only asking you to do what you agreed. Depending on what you do, how many of you there are etc loosing a member of staff can be very inconvenient and take time to plan around. 

    At the end of the day if you are ill/injured you can just get the appropriate fit notes from your Dr 
    I could easily go back and get a sick note backdated to whenever  till whenever my notice would be up .     I’m just wondering if that would satisfy the company ,   It just seems so brutal when they know I want away ,  they seem intent on making me work it 
  • johnnyren
    johnnyren Posts: 111
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    What is troubling me most ,  is the two weeks I have took holiday ,   Is it annoying them that I hadn’t accrued them ,   They are so intent on having me return ? 
  • Savvy_Sue
    Savvy_Sue Posts: 45,799
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    You continue to accrue holiday pay even while off sick. And you have to be allowed to carry it forward into a new leave year.
    Signature removed for peace of mind
  • johnnyren
    johnnyren Posts: 111
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    I spoke to my line manages today and told him I was unfit to work my notice and would be handing in a sick line ,  and as suspected he said I might have to brace myself for a request from the company for payment of the 2 week holiday I took which I hadn’t accrued .
    so that’s the thanks you get , 37 years of service , rarely off ,  and due to ill health I resign ,    Because my money had ran out at the start of the year I asked for 2 weeks holiday which they grant ,   Now that I can’t return to do my 4 weeks notice ,     They want money off me ,    It’s disgusting 
  • MalMonroe
    MalMonroe Posts: 5,783
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    johnnyren said:
    I spoke to my line manages today and told him I was unfit to work my notice and would be handing in a sick line ,  and as suspected  .
    so that’s the thanks you get , 37 years of service , rarely off ,  and due to ill health I resign ,    Because my money had ran out at the start of the year I asked for 2 weeks holiday which they grant ,   Now that I can’t return to do my 4 weeks notice ,     They want money off me ,    It’s disgusting 
    Hi, what a terrible end to a long, loyal working life. 

    If I were you I would have a chat with someone at acas, just so I knew exactly what I was and wasn't entitled to. And also what the employer was entitled to do.

    https://www.acas.org.uk/contact

    And also, what about Unite union? Have they done anything to help? If not, what have you been paying your subs for? Sorry for the questions but you could also get in touch with your rep. See what they have to say for themselves.

    This "he said I might have to brace myself for a request from the company for payment of the 2 week holiday I took which I hadn’t accrued" is absolutely disgusting. 

    All the best to you. Hopefully you will start to feel a lot better when you've actually left this workplace for good.
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