Help! does anyone know if my Manager is right

needaspirin

dotchas wrote: »

My manager has now decided I can use my annual leave straight after my sick leave after all

I think THIS is why they are allowing you to take your annual leave....

Entitlement to paid holidays does accrue while an employee is off on sick leave, according to the Advocate General in her opinion to the European Court of Justice (ECJ). She also said that employees may not take their holiday while they are on sick leave and that on termination of their contract they are entitled to a compensatory payment for accrued but untaken holiday even if they were on sick leave for the full holiday year.

dotchas

needaspirin wrote: »

I think THIS is why they are allowing you to take your annual leave....

Entitlement to paid holidays does accrue while an employee is off on sick leave, according to the Advocate General in her opinion to the European Court of Justice (ECJ). She also said that employees may not take their holiday while they are on sick leave and that on termination of their contract they are entitled to a compensatory payment for accrued but untaken holiday even if they were on sick leave for the full holiday year.

It does seem like someone at HR went off and read up about it after I queried the policy.

My union rep(full-time officer) summed it up when she said think of what HR stands for ,Human Resources .We are just a resource and they want AS MUCH AS POSSIBLE from that resource,no matter what it does to us.

I have many issues surrounding my 2 periods of sick leave which would take too long to explain on here (or that other thread where I was accused of milking the system).I have a grievance running which is going onto the second stage now.
I did not want to be off work but neither do I want to be unable to walk very far or stand for any length of time and be in constant pain.Management don't listen to that,they just want their resource back!

Good luck to all having problems and I hope this remains a nice sympathetic thread where you can all come for a hug!

Horace

I used to be a branch sec of Unison and the instructions received from the union was not to accept cases where people aren't members or where they have joined just because they have a problem. I used to accept people anyway despite the 3 month ruling (you have to be a fully paid up member for 3 months prior to receiving any union advice) by accepting a backdated cheque for 3 months' subs. A crafty way round it but your union may accept that deal.

Good luck and if I were you keep a diary of what was said, ask for minutes of the meeting from HR because they are bound to have taken some. Submit a grievance for harassment - they shouldnt harass you whilst you are sick. If needs be give your GP permission to write to Occupational Health stating the facts about your illness and when you are likely to return to work. If you have been off for a long period then a reasonable employer will offer a phased return to work in conjunction with Occupational Health whereby you work for a few hours per day for a week and gradually build up your hours so that you are back full time.

Good Luck.

Mistyang

Thank you for that Horace, advice is much appreciated.

Dot sending you a hug hun xx

tote_alley_stressed

Hi, having real conflicts of my intrest - I don't think from the Union and Occ Health. It seems in my case the decision to terminate my contract is imminent and they seem to be firing everything at me even 'depression' that I now have. Depression?:mad: :mad: :mad: :mad: I am so :mad: :mad: I don't have time for depression. I injured myself whilst going to the aid of a patient and as a result now face losing my job. I have sought Union legal advice but to no avail - sue the patient not the Trust is their clear message. Where are the patients rights? where are our rights? Where can we go next to air our frustrations and know our rights. It just makes my blood boil that after a period of almost 20 years its 'bye bye' and move on.

dotchas

tote_alley_stressed wrote: »

Hi, having real conflicts of my intrest - I don't think from the Union and Occ Health. It seems in my case the decision to terminate my contract is imminent and they seem to be firing everything at me even 'depression' that I now have. Depression?:mad: :mad: :mad: :mad: I am so :mad: :mad: I don't have time for depression. I injured myself whilst going to the aid of a patient and as a result now face losing my job. I have sought Union legal advice but to no avail - sue the patient not the Trust is their clear message. Where are the patients rights? where are our rights? Where can we go next to air our frustrations and know our rights. It just makes my blood boil that after a period of almost 20 years its 'bye bye' and move on.

I am so sorry to read your story,it is really shocking.I am surprised your union are not more helpful.
My eyes have certainly been opened up since I went off sick for my first operation.I always thought (naively) that the NHS would look after me but I was wrong.I have 22 years service but that counts for nothing.
I am even more horrified to read of your story and Mistyangs.
Sorry,I don't have any advice except could you afford to get advice from a solicitor dealing in employment law?
Might be worth a try.
:grouphug:

sassybooboos

you are being bullied and as such they are not allowed to do this.

let them know you will put in a complaint re your manager about being bullied.

this happened to me, i just happened to say in front of someone i knew would take it back that i was going to take it further as i wasn't willing to be bullied any longer, and hey presto i was called into the office and advised everything would be sorted and any more problems and to let them know. however i left and im sure they are giving me a crap reference as i couldn't even get an interview for the same position at another local authority.

Mistyang

Hi Sassy

thanks for your reply, yes it was bullying. I wont take any more now. I am feeling a bit stronger now I have seen the new Occ Health Doctor.

I am sorry to read this happened to you too. They have no right to give you a bad reference based on this event but only about your capability to do the job etc. Best of luck hun with everything. Ang

needaspirin

Hope things work out alright Misty. Keep your chin up and don't waiver.

ohreally

sassybooboos wrote: »

however i left and im sure they are giving me a crap reference as i couldn't even get an interview for the same position at another local authority.

Make a data protection act disclosure request.....

"The employee will be able to apply to a new employer, or potential

employer, however, for a copy of a reference written by their previous
employer. As for past references kept in the employee’s current file, these
are not covered by the exemption. But the drawback is that in many
cases employee access to a past reference would mean disclosure of the
identity of the author so this could mean their consent was required
before the reference could be disclosed."