Working my notice

JCS1

MalMonroe said:

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.

You might say if is disgusting, but it is legally correct.

johnnyren

JCS1 said:

MalMonroe said:

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.

You might say if is disgusting, but it is legally correct.

Is it ?    I didn’t know that ,   Thanks , that makes me feel better then 

Savvy_Sue

My point earlier was that you might well have accrued the leave. To know the answer:

When does your leave year start and end? 

What's your entitlement?

When did your 6 month sick leave start and end?

How much leave had you taken before you went sick?

Even if you'd taken most of your leave before going sick, you continue to accrue it while you're sick. Unite should be able to help, if your employer is unaware.

johnnyren

My sickness payments ended on the 27th of December ,    I returned to work after my stat holidays on the 4 th of January ,   After still feeling pain ,   I requested 2 weeks holidays to see if the pain would ease in any way,      During this time it was obvious things weren’t any better ,  i discussed it with my family and decided to retire ,  I can take a small amount from my pension pot and have had offers of a few small time part time jobs .
so after handing my notice I’m told the company would want me to work 4 weeks notice ,     My line manager seemed embarrassed telling me this as I can barely walk ,   When I told him that I’m not able to do that and would then be going sick to cover the 4 weeks ,      I then get told by him to brace my self for a claim for the 2 weeks holidays i took .
I realise the holidays begin being accrued at the start of the year ,  and going strictly by the letter of my contract they can try to claw it back ,    But come on … 37 yrs of sterling service , I get degeneration in my knees , run out out sick pay and have to ask for 2 weeks to recover ,   Then have to give up a perfectly good job ,      And that’s the final communication ,     A demand  for 2 weeks money owed .
 I always knew I was a number ,    But this number isn’t taking this lying down 

lincroft1710

johnnyren said:

I realise the holidays begin being accrued at the start of the year ,  and going strictly by the letter of my contract they can try to claw it back ,    But come on … 37 yrs of sterling service , I get degeneration in my knees , run out out sick pay and have to ask for 2 weeks to recover ,   Then have to give up a perfectly good job ,      And that’s the final communication ,     A demand  for 2 weeks money owed .
 I always knew I was a number ,    But this number isn’t taking this lying down 

And what exactly are you going to do?


As you have found out, long service counts for nothing. You may have "the moral high ground", but your employer is in the right  Your union may be able to persuade your employer to drop the demand for the money, but it will be purely goodwill on the employer's part. They may, in your eyes, be acting unfairly, but unfairness is rife in employment and does not offend employment legislation unless there is discrimination in relation to a protected characteristic.  

johnnyren

lincroft1710 said:

johnnyren said:

I realise the holidays begin being accrued at the start of the year ,  and going strictly by the letter of my contract they can try to claw it back ,    But come on … 37 yrs of sterling service , I get degeneration in my knees , run out out sick pay and have to ask for 2 weeks to recover ,   Then have to give up a perfectly good job ,      And that’s the final communication ,     A demand  for 2 weeks money owed .
 I always knew I was a number ,    But this number isn’t taking this lying down 

And what exactly are you going to do?


As you have found out, long service counts for nothing. You may have "the moral high ground", but your employer is in the right  Your union may be able to persuade your employer to drop the demand for the money, but it will be purely goodwill on the employer's part. They may, in your eyes, be acting unfairly, but unfairness is rife in employment and does not offend employment legislation unless there is discrimination in relation to a protected characteristic.  

What I will do is write to them saying how disgusted I am at the action they are taking ,    Maybe highlight little things  like hoe after repeated pleading to my line manager I never received my 25 or 35 yr service awards ,  no item to the value of 300 pounds ,  no plaque ,  no flowers for the wife as was stated in the package ,    Nothing.    They kept saying they would get round to it till I got embarrassed asking ,    Just little silly things like that ,     That’s what I’ll do about it .

General_Grant

Savvy_Sue said:

My point earlier was that you might well have accrued the leave. To know the answer:

When does your leave year start and end? 

What's your entitlement?

When did your 6 month sick leave start and end?

How much leave had you taken before you went sick?

Even if you'd taken most of your leave before going sick, you continue to accrue it while you're sick. Unite should be able to help, if your employer is unaware.

OP please answer these questions so it is possible to discover whether you have actually taken holiday to which you were not entitled.

lincroft1710

johnnyren said:

lincroft1710 said:

johnnyren said:

I realise the holidays begin being accrued at the start of the year ,  and going strictly by the letter of my contract they can try to claw it back ,    But come on … 37 yrs of sterling service , I get degeneration in my knees , run out out sick pay and have to ask for 2 weeks to recover ,   Then have to give up a perfectly good job ,      And that’s the final communication ,     A demand  for 2 weeks money owed .
 I always knew I was a number ,    But this number isn’t taking this lying down 

And what exactly are you going to do?


As you have found out, long service counts for nothing. You may have "the moral high ground", but your employer is in the right  Your union may be able to persuade your employer to drop the demand for the money, but it will be purely goodwill on the employer's part. They may, in your eyes, be acting unfairly, but unfairness is rife in employment and does not offend employment legislation unless there is discrimination in relation to a protected characteristic.  

What I will do is write to them saying how disgusted I am at the action they are taking ,    Maybe highlight little things  like hoe after repeated pleading to my line manager I never received my 25 or 35 yr service awards ,  no item to the value of 300 pounds ,  no plaque ,  no flowers for the wife as was stated in the package ,    Nothing.    They kept saying they would get round to it till I got embarrassed asking ,    Just little silly things like that ,     That’s what I’ll do about it .

Their inactions clearly show they did not value you as an employee.


So do you honestly think writing that sort of a letter will have any effect? They didn't care about you then and a letter like that is hardly going to make them sit up and consider they may have treated you unkindly/ You will just be reminding them that as they were able to ride roughshod over you in the past , they can certainly do it again. 

HampshireH

OP how much annual leave do you get per year? (After such long service I would expect it to be a few days over the legal requirement but not a given obviously)

What happened to your annual leave entitlement accrued when you were off sick? I can see this has been asked a few times but cannot see an answer.

johnnyren

 To reply to the first question yes i have been paid 2 weeks holiday for days I hadn’t accrued ,    And secondly I hope when they reply to my letter ,   They tell me we treated you badly before so we will do it again .