Can my employer do this?
Comments
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Wildcat1990 wrote: »
Another question sorry. How does statutory sick pay work? Employer claimed she had to send off for it but should it still have been in my wages? This is for week of 16th July. I got paid 27th July. Had handed in the fit note from GP.
If you qualify for SSP and have either self certified (first seven days) or provided a fit (i.e. sick) note they your employer is obliged to pay it.
At one time smaller employers could indirectly get the money back from the government but that is no longer the case.0 -
It’s more I wonder what my word against the company’s can really do? I don’t care for the role. I think that’s evident. But I don’t want to be at risk of any backlash legally or otherwise if I say something.
Who would I even go to? The CQC? And will they tell the company who made the referral?0 -
I have to agree with Comms69. If you are aware of breaches of the law or correct practice in respect of the care of vulnerable people, then you have a duty to report them. That isn't a choice - it's an obligation. And if you don't you are as guilty as they are, because you know and do nothing.Wildcat1990 wrote: »Sangie595: it!!!8217;s a small company. On the office side there is the boss, the office manager and myself.
There!!!8217;s other reasons I don!!!8217;t like the company but I fear if I say them here I could get in a bit of trouble and honestly I!!!8217;m terrified of that. Let!!!8217;s just say if I told the CQC then chances are the business would be closed.
Another question sorry. How does statutory sick pay work? Employer claimed she had to send off for it but should it still have been in my wages? This is for week of 16th July. I got paid 27th July. Had handed in the fit note from GP.
SSP is now paid by the employer, so no, they don't send off for it.
I was surprised that ACAS would say that, so I checked - and they don't! http://m.acas.org.uk/index.aspx?articleid=4264
It is, as they suggest, complicated. So technically if everyone agrees then people can come to "arrangements" - they might be stretching the law, but they aren't entirely breaking it per se. However, if the employer is not happy to do that, then they are correct, as this article states, and as I previously told you -
"When prearranged statutory holiday coincides with sick leave, employees should let their employer know as soon as reasonably practical. Employees are allowed to take their holiday at another time. If they remain sick until the end of that holiday-leave year, they can reschedule their holiday in the following year. If an employee turns holiday leave to sick leave, they should expect to receive sick pay only, because they are unfit to do the job during that period".
There is no law against changing a job role in the way you describe or having unrealistic expectations of the amount of work that can be completed. I'm afraid if you don't like that, then you must find another job.
PS I meant to add, but if your have not taken all your holidays you would be required to theprove that employer refused to allow you to take them. It's hard to explain how you work for someone for 18 months and don't notice that you haven't been allowed to take holiday. The problem is that you are entitled to holiday, but you are not required to take it. So what evidence do you have that you were prevented from taking holiday in the year?0 -
Does that matter, if you don't care for the job?Wildcat1990 wrote: »It’s more I wonder what my word against the company’s can really do? I don’t care for the role. I think that’s evident. But I don’t want to be at risk of any backlash legally or otherwise if I say something.
Who would I even go to? The CQC? And will they tell the company who made the referral?
There's no legal ramifications for you in reporting unsafe practices (in fact there could be for NOT reporting it, but you're probably too far down the chain)0 -
Wildcat1990 wrote: »Good morning all. Sorry but I have a few questions about my place of employment and hope one of you could give me an answer. I work part time three days a week. 18 hours total.
Firstly I was hired in February 2017 as an administrator for minimum wage. This became administration, recruitment and social media when my coworker left and my employer didn’t want to hire someone else. I was given the tasks but told there was no money to increase pay. I left for all of a week before employer raised my wage to £8 p/h in August. Currently things have changed again.
I’m now administrator
Auditor
Filing
Recruitment
Social media
Policy writer
Researcher
Content writer
Key worker
Occasional diy expert, cook, cleaner or gardener
None of this is ever agreed. It’s just assumed I will do it. I’ve said before this isn’t on and if they want me doing other roles too then I want the pay to match. For the most part it’s been ignored for months except once I was told that “we are a small company so everyone must chip in and do their bit” (by the office manager who’s in three hours a week and in that time only gets the staff meeting and task list done).
Can my employer keep adding to my job so she can avoid paying others?
My second issue regards holiday. I started in February as mentioned above and was always under the impression that my work year ran Feb to Feb. In fact in meetings with office manager she agreed it too.
I had booked the weeks of 23/7 and 30/7 as holiday which had been approved months ago. The week prior I was signed off by doctor due to mental health. Boss then said I can’t have holiday as I have to still claim sick pay (92 per week instead of 144). I’m still off right now and doctor is supportive.
I looked into legality and boss can’t force me to take it as sick.
One further point.....
By simply giving the legally required (minimal) amount of notice an employer can cancel your holiday. Your right is to be able to take your holiday at some point during the year but, taken literally, the employer can totally dictate when.
If you have pre-booked holiday according to the employer's rules and they then later cancel it, you may have a claim against them for any unavoidable losses you incur. However even that is not totally clear cut.0 -
Does that matter, if you don't care for the job?
There's no legal ramifications for you in reporting unsafe practices (in fact there could be for NOT reporting it, but you're probably too far down the chain)
Indeed but sadly, in the real world, that can sometime be "grape vine" ramifications when looking for another job.0 -
Sure, ofcourse.Undervalued wrote: »Indeed but sadly, in the real world, that can sometime be "grape vine" ramifications when looking for another job.
But i'm sure many legitimate employers would look positively on someone who put others before themselves.0 -
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Wildcat - you seem to think that you have been given all this extra work on top of what had been your original job description. You haven't - it's just that your job description has been widened.
Unless you have more than one pair of hands you can only do one job at a time. You just need to prioritise your daily tasks, and concentrate on the most important ones. If your boss asks you why you haven't done X, then say that that you haven't done X because you had been busy dealing with the more urgent Y.
If he/she has a problem with that, then it's time to move on. As someone has already pointed out, all this experience is giving you a cracking CV.0 -
Undervalued wrote: »If you let me know the name of your optician I will order a similar pair of rose tinted spectacles.
:rotfl:
Ha ha! Should've gone to spec savers!
I do think that some employers (wont put a % on it) value honesty and morality.0
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