Advice required regards employment situation rights - location of work

Jude57

Mistermeaner said:

No policy but custom and practice has been 2 weeks per year of late 

I also don’t have access to union hence asking you kind souls

You can join a union today. Just because your employer doesn't recognise one (in the sense of legal recognition for collective bargaining) doesn't mean you can't join one. There may be no union branch active in your workplace but that doesn't mean other employees aren't Union members. As is often repeated here, the time to join a Union is BEFORE you need their support. With everything you've written in various threads, I'd strongly recommend you do join a Union because it seems that your manager is ineffective and this senior person who is not your manager is making moves to get you out. It's actually pretty easy to perfectly legally manage someone out. It takes time, certainly, but it isn't difficult to do if the will is there and it seems, from what you've written, that the will is indeed there. 

Grumpy_chap

Mistermeaner said:

I have a performance review from only a few weeks ago scoring me as achieving with complementary language around my performance. I have been recognised in writing for certain aspects of my work by a VP in the last week 

Assuming that positive performance review is truly positive and not a case of reading between the lines, then that can be used as the OP's first (and probably best) defence in the case that the employer starts along the disciplinary route as it would mean the OP could respond that they were unaware of any concerns and shocked to hear the matter raised now, totally committed, team player etc.

Assuming the positive performance review is not akin to the school report "Tommy is very energetic and lively, both inside the class and outside the class" really meaning "Tommy is a disruptive child and does not know when playtime is over".

Mistermeaner said:

while I’m frank about my feelings on here no one at work will know I “can’t be bothered” 

You may not have directly expressed your attitude to colleagues at work but the way you communicate in these forums and comments you have made mean that there are very likely individuals in the workplace that know how you feel "can't be bothered" without it needing to be expressly said.
You have mentioned as much that it has become apparent as to your attitude to work reflecting on your reputation:

Mistermeaner said:

senior guy that is not my boss has been in my bosses ear about ‘Issues’ with me and my team

There have been other strange things with invites from folk at the site to discuss various ‘issues’ 

it’s also been brought to my attention that senior guy who isn’t my boss has asked someone to pull details of my attendance at site and login data etc.

folk on site have warned me that I’m being talked about and apparently no one knows what I do and “he’s got to go” has been mentioned 

My attendance on site won’t look great as I work at home more than I should. 

I actually understand your wider issue around wanting some change and new challenge in life and having (even at the young age of mid-40's) the financial wherewithal to leave the rut that the current job has become and seek an alternative future that better accommodates your health concerns that are presently in the forefront of your mind.  You are fortunate that your financial situation would seem to allow you to cease paid employment, or at least take an extended break from paid employment, despite your young years.

I am not sure that I understand the apparent willingness to tolerate a disciplinary process and dismissal (which you hope will be accompanied with a pay out) as part of making that change. 
However you feel about work right now, it can't feel great for the long term to go forward in life having been dismissed rather than being able to keep your head held high for your exemplary career record.  You also have to consider that you are young and may well choose at some point to return to a workplace that will wish to take up references.  Even if not a workplace and employed job, you may take some voluntary role of a kind that requires references.
For my tuppence-worth, maintaining a positive work record continues to have value even if currently intending to leave work, for practical reasons and for own self-worth / self-reward.

lincroft1710

You say you're on £100K+ pa. Do you know a) if this is typical for your role and b) if co-workers are on similar money? Because if not that may be a reason they want an excuse to be rid of you

Nothanks

That’s a very generous expectation for a settlement agreement, even for someone well paid.

Mistermeaner

Like I said I can’t see how they can pay less than my contractual notice 

GingerTim

Mistermeaner said:

Like I said I can’t see how they can pay less than my contractual notice 

@grumpy_chap's post on p.5 offers a couple of very plausible scenarios.

EnPointe

Mistermeaner said:

Like I said I can’t see how they can pay less than my contractual notice 

Gross misconduct Summary Dismissal ...

Mistermeaner

Don’t think anything I’ve done yet gets even close to gross misconduct, neither would I be so stupid to do anything like that 

Grumpy_chap

You still have the potential of a review by Occupational Health and assessment that you are unfit to work in current role so on sick pay.  How does that compare with the long notice period you have before the sick pay is exhausted?

There is a Government definition of gross misconduct ( https://www.gov.uk/dismiss-staff/dismissals-on-capability-or-conduct-grounds ) and it includes "serious insubordination" and you seem to have cited enough in this thread that the employer could construe this if they so wished.  Particularly the repeated refusals to attend the office, plus the log-on records to the business systems.

EDIT to add: failure to report your health issues in a timely manner may also be something that can be construed as gross misconduct if the employer is so minded under health and safety legislation as you have denied the employer the opportunity to put in place suitable mitigations against any increased that certain activities may now hold in your case compared to the workforce at large.

Mistermeaner

My health condition is known - I’ve just not made a big deal of it as can manage it with flexibility , it only becomes an issue with some of the changes I’m being asked to make 

looking at those gross misconduct examples I’m nowhere near that - at worst my attendance may result in a warning , given good performance reviews etc they can’t point To work not being done 

I’ve also not ‘refused to go to the office’ or any such confrontational insubordination- I’ve just set limits on stuff , eg on a Monday I’ve been asked to attend a meeting onsite Thursday and said I’m sorry I’m only here until Wednesday but can join via teams etc 

ref sick pay company policy is 6months full pay so matches contractual notice. Thing is I’m not too sick to work - I’ve proved that. I just need some flexibility to help me manage it 

thanks