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Help!!! reallly need help
omen666
Posts: 2,206 Forumite
Sorry about the Vague subject title but the situation is this and i will try and keep it concise.
My Sister has been working for a family firm for 10 years. She never signed an initial contract but has been gainfully employed by them continuously over this 10 year period. it is a family run business with lots of family orientated pressure and the manager now lives overseas in Spain and oversees things from there whilst her husband commutes to and fro each weekend.
My sister's sick record is exemplary over this time but recently she found out that her partner of 8 odd years fathered a child and took it badly and is seeking assistance from counselling and family and friends. As she works in a domain where children are rife she felt she couldn't cope with all of this at once and saw her doctor who recommended the counselling and signed her off for a fortnight.. This was on or about the 29th jan 2008. She received a 2 week sicknote and has since retuend and been signed off for another two weeks, until the end of feb2008.
Now she has put up with all sorts of family politics and them all exerting their authority over the years and it is a terrible place to work and they have previously forced other staff members out. Now during her first 2 weeks sicknote she was contacted by this manager in Spain and asked if all was okay and duly broke down over the phone. She said to me she really did not need that at the time and I explained that they really shouldn't be contacting you. Since she handed in the 2nd 2 week sicknote last week she has again been contacted by the manager in Spain and told that there is no point in getting another certificate as she is not going to pay her again from the 28th Feb. She is being pressurised t go back to work when at present she is not upto going back into a environment where kids are in your face .Not only that this undue pressure is making her ten times worse worrying about her job and how she is going to support her only child what with everything else going on
Now she has worked continuously over the years and will not be on the sick forever, she just needs a month or so to work out whats what in terms of relationship and also whether she can handle going back to the company and the !!!! they dish out day in.
My questions are these:
She never signed a contract - Does she have a contract?
Threatened that she will not get paid - Can they pressure her and call her at home and make these sort of ultimatums?
Threaten not to pay her - Can they do this when she has a sicknote? When must they pay her until if she was to get another few 2 week sicknotes?
Where does she stand by law with this situation and can they get away with this?
Where does she go now and what should she do?
Many thanks for taking the time to read and reply, much appreciated.:beer:
My Sister has been working for a family firm for 10 years. She never signed an initial contract but has been gainfully employed by them continuously over this 10 year period. it is a family run business with lots of family orientated pressure and the manager now lives overseas in Spain and oversees things from there whilst her husband commutes to and fro each weekend.
My sister's sick record is exemplary over this time but recently she found out that her partner of 8 odd years fathered a child and took it badly and is seeking assistance from counselling and family and friends. As she works in a domain where children are rife she felt she couldn't cope with all of this at once and saw her doctor who recommended the counselling and signed her off for a fortnight.. This was on or about the 29th jan 2008. She received a 2 week sicknote and has since retuend and been signed off for another two weeks, until the end of feb2008.
Now she has put up with all sorts of family politics and them all exerting their authority over the years and it is a terrible place to work and they have previously forced other staff members out. Now during her first 2 weeks sicknote she was contacted by this manager in Spain and asked if all was okay and duly broke down over the phone. She said to me she really did not need that at the time and I explained that they really shouldn't be contacting you. Since she handed in the 2nd 2 week sicknote last week she has again been contacted by the manager in Spain and told that there is no point in getting another certificate as she is not going to pay her again from the 28th Feb. She is being pressurised t go back to work when at present she is not upto going back into a environment where kids are in your face .Not only that this undue pressure is making her ten times worse worrying about her job and how she is going to support her only child what with everything else going on
Now she has worked continuously over the years and will not be on the sick forever, she just needs a month or so to work out whats what in terms of relationship and also whether she can handle going back to the company and the !!!! they dish out day in.
My questions are these:
She never signed a contract - Does she have a contract?
Threatened that she will not get paid - Can they pressure her and call her at home and make these sort of ultimatums?
Threaten not to pay her - Can they do this when she has a sicknote? When must they pay her until if she was to get another few 2 week sicknotes?
Where does she stand by law with this situation and can they get away with this?
Where does she go now and what should she do?
Many thanks for taking the time to read and reply, much appreciated.:beer:
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Comments
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They only have to pay her SSP while she is off, is this what they may have meant ~ that they weren't going to pay her, her proper wage?Tank fly boss walk jam nitty gritty...0
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She is currently on full pay. Has been for 3 weeks she has been off sick and are saying, I believe, that from the 28th she will not be paid at all. My sister is in such a fret that she cannot remember exactly. is it possible that they will pay her SSP from the 28th? If so can they do that after just 4 weeks after 10 years serviceThey only have to pay her SSP while she is off, is this what they may have meant ~ that they weren't going to pay her, her proper wage?0 -
Shellsuit is correct - there is no right to full pay when absent from work. The employer should be paying SSP. Also, the employer can - and in many cases it is best practice to - keep in regular contact with an absent employee.
However, the employer can't abuse this and certainly cannot harass an employee. If your sister does not feel like talking to the employer then it might be a good idea for her to write a letter explaining that she plans to return to work on X date and for the time being would appreciate some time to recover. This would be useful if it were to come to a wrongful/unfair dismissal case - your sister will have evidence she acted reasonably.
Good places for advice are ACAS - look at their website and there will be a local phone number0 -
She is currently on full pay. Has been for 3 weeks she has been off sick and are saying, I believe, that from the 28th she will not be paid at all. My sister is in such a fret that she cannot remember exactly. is it possible that they will pay her SSP from the 28th? If so can they do that after just 4 weeks after 10 years service
She can't not be paid at all, she has to be paid at least SSP whilst she is off sick with a covering sick note.
I'm suprised she has been on full pay for the 3 weeks, especially as she has no contract.Tank fly boss walk jam nitty gritty...0 -
Doesn't she have any rights being paid weekly for the past 10 years? although not signed a contract?
Also what is the rate of SSP?0 -
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