Need advice

Own_Worst_Enermy

Hi,

I’m really sorry I’ve tried ACAS and did not find them helpful having to remind them I do not have 2 years rights and that I *have* returned to work.

I don’t know if my current Manager know what he is doing, he told me during back to work interview, the company were still considering taking formal action against me for my sickness. 

If I have this right ACAS have just said that does mean a disciplinary from which I could get a warning or it lead to instant dismissal/sacked - does that mean I could get no notice? It does not matter that I was hospitalised and went though surgery.

The company have stripped me of all my holiday that had built up so I guess I’m over a barrel? It started to come about mid-March that I was going to lose holiday and I just thought my Manager had it wrong. When I started asking for head office or HR suddenly it was I’ll see if we can carry it over, but on getting back to work just new holiday year’s allowance shows and now it is going to be tricky to re raise it.

With such little service and no rights why didn’t the company just say sooner off you go. 1 week’s notice, goodbye job done.

I’ve had ex colleagues say just resign, you’ll feel way better and while once upon a thousand times I’d have had no hesitation to do so and take the hit but I now feel I can’t not with such a physical problem and looking for new job. I know things aren’t to be easy as they once were. (Appreciate I’ve been job hunting on my own time and I would admit to work if wasn’t for fear of this action) I’ve made every effort to get back to work as soon as.

Am I making things worse, do I resign? if they confirm they are ‘taking action’ especially if I can get another job offer elsewhere. They deleted my work account at one point and I’ve lost useful data which helped me to do the job so I think it came close.  

gwynlas

 I do not have 2 years rights and that I *have* returned to work.

In this case I would suggest that you carry on in your current role and build up your time with the company particularly as you have acknowledged that you now have a physical problem. It is possible tat they paid you in full whilst you were off but we do not know as you have not said and this might have taken up holiday time owed rather than reducing you to statutory sick pay. 
It is preferable to have money coming in and take time to look for a job that would suit you better rather than taking any job because you need the income

General_Grant

Own_Worst_Enermy said:

Hi,

I’m really sorry I’ve tried ACAS and did not find them helpful having to remind them I do not have 2 years rights and that I *have* returned to work.

I don’t know if my current Manager know what he is doing, he told me during back to work interview, the company were still considering taking formal action against me for my sickness. 

If I have this right ACAS have just said that does mean a disciplinary from which I could get a warning or it lead to instant dismissal/sacked - does that mean I could get no notice? It does not matter that I was hospitalised and went though surgery.

The company have stripped me of all my holiday that had built up so I guess I’m over a barrel? It started to come about mid-March that I was going to lose holiday and I just thought my Manager had it wrong. When I started asking for head office or HR suddenly it was I’ll see if we can carry it over, but on getting back to work just new holiday year’s allowance shows and now it is going to be tricky to re raise it.

With such little service and no rights why didn’t the company just say sooner off you go. 1 week’s notice, goodbye job done.

I’ve had ex colleagues say just resign, you’ll feel way better and while once upon a thousand times I’d have had no hesitation to do so and take the hit but I now feel I can’t not with such a physical problem and looking for new job. I know things aren’t to be easy as they once were. (Appreciate I’ve been job hunting on my own time and I would admit to work if wasn’t for fear of this action) I’ve made every effort to get back to work as soon as.

Am I making things worse, do I resign? if they confirm they are ‘taking action’ especially if I can get another job offer elsewhere. They deleted my work account at one point and I’ve lost useful data which helped me to do the job so I think it came close.  

They can't do that legally - at least not statutory holiday entitlement which has accrued (during your sickness absence as well as when working).  If you were unable to take holiday because you were sick, it automatically is carried forward.  If they didn't pay you holiday pay while off sick, you haven't lost it.

Own_Worst_Enermy

They were adamant (I really couldn’t believe it, appreciate it’s hard times but wanted them to say we’re joking) and I’ve definitely not been paid it. Already had my pay for March SSP and a tax rebate thankfully which bulked it out, even didn’t have any pension contribution paid, should have thought it weird when I received a second welcome pension pack.

How long a time frame do they get to decide whether they take action? I’ll keep asking and if it’s disciplinary time, thankfully I added on employment advice through the home insurance. I regret I’m not going into a room and apologising for being operated on, which can happen to anyone.

I have been offered a job elsewhere in bad timing, but it’s full-time so I’m reluctant and I don’t know how insensible I’m being or whether it would result in a withdrawal anyway from potential employer.  It could be a silver lining here, I’m just confused as never known someone to end up in a disciplinary for being off sick that is so medically evidenced but it must go on. 

Marcon

Own_Worst_Enermy said:

They were adamant (I really couldn’t believe it, appreciate it’s hard times but wanted them to say we’re joking) and I’ve definitely not been paid it. Already had my pay for March SSP and a tax rebate thankfully which bulked it out, even didn’t have any pension contribution paid, should have thought it weird when I received a second welcome pension pack.

How long a time frame do they get to decide whether they take action? I’ll keep asking and if it’s disciplinary time, thankfully I added on employment advice through the home insurance. I regret I’m not going into a room and apologising for being operated on, which can happen to anyone.

I have been offered a job elsewhere in bad timing, but it’s full-time so I’m reluctant and I don’t know how insensible I’m being or whether it would result in a withdrawal anyway from potential employer.  It could be a silver lining here, I’m just confused as never known someone to end up in a disciplinary for being off sick that is so medically evidenced but it must go on. 

Probably worth contacting you insurer and asking if you are covered for some preliminary advice. It's impossible to work out from your first post what's going on, which makes it rather hard to respond helpfully - but yes, sickness (however valid and well documented) can indeed be a disciplinary matter. 

Own_Worst_Enermy

Ah thanks, Job offer had really torn me I think I’d got use to hearing bad news I  wrote job off and cannot handle it x I want to run but can’t.  I just keep seeing Mum & Dad crying as in the hospital. They aren’t correcting me over the spinal cord injury. If nothing else I want to raise awareness of this condition. 

theoretica

Different companies do things differently, but as you have not been dismissed it seems unlikely that this meeting would do that now.  More likely they will be putting on record that they employed you because they needed someone to do your job, and that if you have future sickness absences they may need to dismiss you.  So, a warning - that is the procedure at my work.

When did you return to work? In a previous post I think you said that they had told you that you needed to take holiday before the end of the holiday year, if you chose to attend work instead they may be able to point out they told you to take holiday and you did have the opportunity to do so.

Own_Worst_Enermy

Marcon said:

Own_Worst_Enermy said:

They were adamant (I really couldn’t believe it, appreciate it’s hard times but wanted them to say we’re joking) and I’ve definitely not been paid it. Already had my pay for March SSP and a tax rebate thankfully which bulked it out, even didn’t have any pension contribution paid, should have thought it weird when I received a second welcome pension pack.

How long a time frame do they get to decide whether they take action? I’ll keep asking and if it’s disciplinary time, thankfully I added on employment advice through the home insurance. I regret I’m not going into a room and apologising for being operated on, which can happen to anyone.

I have been offered a job elsewhere in bad timing, but it’s full-time so I’m reluctant and I don’t know how insensible I’m being or whether it would result in a withdrawal anyway from potential employer.  It could be a silver lining here, I’m just confused as never known someone to end up in a disciplinary for being off sick that is so medically evidenced but it must go on. 

Probably worth contacting you insurer and asking if you are covered for some preliminary advice. It's impossible to work out from your first post what's going on, which makes it rather hard to respond helpfully - but yes, sickness (however valid and well documented) can indeed be a disciplinary matter. 

Thanks I spoke to what sounded like a trainee or new starter on the call centre for ACAS, who just simply kept forgetting I have returned to work. it just amused given the number of times it is a ‘call ACAS they know’ post as the thing to do when it badly seems they have no idea.

He joked about losing the call so I’m sure it sums up posting about it on MSE.

 They were not phased by the loss of holiday on a holiday year end 31st March!  

Own_Worst_Enermy

Thanks, I’m in the process of sorting it, I’m sure it will come out who is lying whether it be head office or the manager. 

I checked ACAS reviews which I admit I haven’t before and it doesn’t glow so I’ll regret asking here and will follow my family’s wish that I don’t post anymore.