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Basic rights at work & Redundancy

edited 30 November -1 at 1:00AM in Basic rights at work & Redundancy
174 replies 119.9K views
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  • Hi, not sure if I can post this here.

    I have been off sick from work for 3 months now, with depression and anxiety...I work in a shop, so of course not a good environment for that!

    The last meeting i had with HR, they said they may have no choice but to dismiss me.

    I have had previous bouts, and I reduced my hours, and demoted myself, so i could cope...but it ended up that I could barely leave the house most days. So off indefinitely right now.
    I thought that mental health problems were covered under the Disability and the Equality Act 2010.

    If I'm right, where do i stand, can they still fire me?

    Thanx and sorry if I shouldn't have posted here.
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    catgirl-69 wrote: »
    Hi, not sure if I can post this here.

    I have been off sick from work for 3 months now, with depression and anxiety...I work in a shop, so of course not a good environment for that!

    The last meeting i had with HR, they said they may have no choice but to dismiss me.

    I have had previous bouts, and I reduced my hours, and demoted myself, so i could cope...but it ended up that I could barely leave the house most days. So off indefinitely right now.
    I thought that mental health problems were covered under the Disability and the Equality Act 2010.

    If I'm right, where do i stand, can they still fire me?

    Thanx and sorry if I shouldn't have posted here.

    Hi

    You do not say now long you have worked for this employer or how long, continously, you have been off work this last time.

    Disibility discimination is a complex area. We suggest that you contact:
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    Hi

    You do not say now long you have worked for this employer or how long, continously, you have been off work this last time.

    Disibility discimination is a complex area. We suggest that you contact:

    The Disability Law Service which can provide free and confidential telephone and email advice. It also produces a wide range of factsheets which can be downloaded free from its website, or requested by phone. The contact details are:-
    Disability Law Service (England and Wales)
    39-45 Cavell Street
    London
    E1 2BP

    Tel: 020 7791 9800 (Monday to Friday from 10.00am to 5.00pm)
    Minicom: 020 7791 9801
    Fax: 020 7791 9802
    Email: [EMAIL="advice@dls.org.uk"][email protected][/EMAIL]
    Website: www.dls.org.uk

    If you want face-to-face advice from your nearest CAB you will find their details at www.citizensadvice.org.uk> Get Advice.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • Hi

    You do not say now long you have worked for this employer or how long, continously, you have been off work this last time.

    Disibility discimination is a complex area. We suggest that you contact:
    Hi, this October I would have been working there for 5 years! And this is my first time off sick in that whole time, haven't been back to work since June 10th.

    Thanx
  • Hi,

    My brother is sick he is bipolar and has 2 week sick notice from gp stating generally unwell.We were hoping to stabilizie him ,but he is out of control.I am currently out of the UK.We had never used sick noted or been absent from work(we have been living in the UK for 7year).At that stage he wouldn't admit he is ill and would say he is allergic to something but he is in Mania period.He is being called every day from work-I guess they have notice he doesn't act normally.We are not high earner and my family and my mother would struggle without him being into work( we hope we would never need any benefits ,but not happy that we might need to consider that).
    My question is if he is in a 3 month trial period is he entitled to any sick pay?I would like to extend his sick notice( if this is the right term),so they don't fire him as soon as he shows up ,but he really likes his job and is facing involuntary hospitalization,so in any way he is not fit to work,but I am afraid that if he shows up ,the 4 day period stops and because this is during his trial,it will be easier for them to cease his contract.Please let me know your toughs on that and if you have found any of my statements not logical.I dont have copy of his contract and would not get one before this first 2 week period stops.Thank you very much in advance.We would like to try to get the sick pay as long as we can as this would help us pay our shared .Best wishes
  • In adition to my previous redundancy/sick pay post I would like to add another housing question.

    As I have noted my brother is bipolar and he is heading to manic period(could get really worse-like getting someones vehicle as he things he owns millions as well as the car,aggressive ,etc).He is perfect worker and cohabite while ok,but we live in hude victorian house with partner and friends.I think that they would leave becasue of his state and we would be in no possiotion to pay the rent.Also I have 11 month old baby and my partner would not allow me to stay there with the baby.My mother would move out with my brother ,so we can stay and none leave,but as my brother is not well and not working it would be really hard to find and pay for a flat (in London).Could we get any help.Would he be classified as temporarily disable.We have no idea how the housing benefit system work ,although we are sure that we are entitled with a baby and low income,but preferred not to claim and share .Can my bother claim,I don't think we would be able to keep the situation under control for too long.Thank you very much in advance.The situation appeared while I am on holiday and its hard to get any detailed information.Thank you.
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    barbarelka wrote: »
    Hi,

    My brother is sick he is bipolar and has 2 week sick notice from gp stating generally unwell.We were hoping to stabilizie him ,but he is out of control.I am currently out of the UK.We had never used sick noted or been absent from work(we have been living in the UK for 7year).At that stage he wouldn't admit he is ill and would say he is allergic to something but he is in Mania period.He is being called every day from work-I guess they have notice he doesn't act normally.We are not high earner and my family and my mother would struggle without him being into work( we hope we would never need any benefits ,but not happy that we might need to consider that).
    My question is if he is in a 3 month trial period is he entitled to any sick pay?I would like to extend his sick notice( if this is the right term),so they don't fire him as soon as he shows up ,but he really likes his job and is facing involuntary hospitalization,so in any way he is not fit to work,but I am afraid that if he shows up ,the 4 day period stops and because this is during his trial,it will be easier for them to cease his contract.Please let me know your toughs on that and if you have found any of my statements not logical.I dont have copy of his contract and would not get one before this first 2 week period stops.Thank you very much in advance.We would like to try to get the sick pay as long as we can as this would help us pay our shared .Best wishes


    Hi

    your brother might be entitled to statutory sick pay depending on his earnings. It makes on difference that he is in a trial period. Any additional contractual sick pay would depend on the terms of his contract.

    Follow the link below to adviceguide information on Statutory Sick Pay.

    http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/off_work_because_of_sickness.htm

    In addition it may be possible a for tenant who has a genuine tenancy agreement and is liable to pay rent on a commercial basis to claim Housing benefit which is a means tested benefit

    Follow the link below to information on this.

    http://www.adviceguide.org.uk/england/benefits_e/benefits_help_if_on_a_low_income_ew/help_with_your_rent_-_housing_benefit.htm

    Please post any further welfare benefits questions to the benefits thread.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • Coxy11Coxy11 Forumite
    2.4K posts
    Part of the Furniture 1,000 Posts Name Dropper
    ✭✭✭✭
    Hi,

    A friend who has worked for their employer for 23 years, umblemished service and was awarded high marks in their appraisals, is being investigated for gross misconduct. The issues surrounding this are complex. A lot of the evidence is based on hearsay and speculation that they have done something wrong, rather than hard evidence/paper trail etc.

    My question is, during their interview with their employer next week, they may have the opportunity to resign rather than be dismissed. How will this affect any possible reference the employer can give them; ie. will it be stated that the employee resigned during an investigation for gross misconduct? Similarly if the company decide to dismiss them, will they state that on a reference?

    Many thanks for your time.
    Cross-stitch WIP: A Pair Tree by Susan Hillis Designs
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  • zrjzrj Forumite
    1 posts
    j have taken redundancy after 13 years the last time I saw a contract was.9 years ago so wondered what was the statutory rights then as I don't have the contract to look out can u help please
  • I have worked for a large city firm for 6 years of which 4 I have been bullied by a woman in the office whose son I use to date. She and her friends have been awful to me. I never get invited to events (i am told by my boss I dont need to be as they are not company events but these are christmas parties the whole office attends!!!), I don't get to see birthday/leaving cards, she wont sort out my expenses/post. I have been verbly abused on numerous occasions too. I have finally had enough and resigned but have just been told that I will have to repay, pro-rata, the last 3 years bonus I have worked incredibly hard for. I feel absolutely floored. I have put up with this for 4 years and I couldnt take no more....there were times when I was so depressed I want to go off sick but I didn't i continued to stuggle on.

    My HR dept had been notified buty they said I would need to speak with my manager to sort it out which I did. I was told by people, in no uncertain terms, that going to HR will make the situation worse and would make look for a reason to get rid of me so I never made a formal compliant....something I very much regret.

    Where do I stand which regards to paying this bonus back? The company call it a retention award but its a actually an annual incentive plan. They want me to pay back £3k...something I cannot and dont want to pay back. Where do I stand please?
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