Basic rights at work & Redundancy

martin32 · 24 August 2012 at 8:06PM

ty 4 the advice
1 more quick question what could come of it in best case scenario as she would not want her job back and work for the person that screwed her over

CAB_Malvern_Hills_representative · 28 August 2012 at 9:19AM

martin32 wrote: »

ty 4 the advice
1 more quick question what could come of it in best case scenario as she would not want her job back and work for the person that screwed her over

If on examination of the facts in detail of the case she has to submit an application to an Employment tribunal and if this was successful then she would be unlikely to get her job back as tribunals very rarely make this decision and in any event couldn't enforce it. If she gets advice in person then she can weigh up her options and look at the pros and cons of bringing a case.

FrugalLina · 28 August 2012 at 1:44PM

SICK LEAVE

I have two questions regarding being off ill at the end of this post, but thought I would provide a bit of information first.

I have been working for a small charity run by a board of trustees and managed by the chairman. I received an offer of 1 yr contract to run until end March 2012, payable on a self-employed basis. After this date I continued to work with them although no further contract was discussed and I just continued to issue an invoice and received payment monthly.

I became ill with stress twice while working there, but managed to keep my sick leave to a bare minimum, taking holiday instead and generally struggling on as a casual self-employed "employee" I only get paid if I work for them.

Unfortunately due to the bullying (well documented by me) by my boss (the chair) and her general inability to manage the team, I became unwell again and am currently signed off sick due to severe stress and depression.

My GP has given me sick notes for 6 weeks in total (ending 10 Sept) and I am still really not coping very well at all, so I wouldn't be surprised if it continues for a bit longer.

My questions are:

(a) Do I have to show these sick notes to the organisation? It seems to me that I don't have to as I am self-employed and any "contract" I had has expired.

(b) Is there anything I can do to stop the chairman of the organisation gossiping (to volunteers, to the rest of the board, to staff and to people in organisations sharing the place of work) about the state of my mental health?

CAB_Malvern_Hills_representative · 30 August 2012 at 5:30PM

FrugalLina wrote: »

SICK LEAVE

I have two questions regarding being off ill at the end of this post, but thought I would provide a bit of information first.

I have been working for a small charity run by a board of trustees and managed by the chairman. I received an offer of 1 yr contract to run until end March 2012, payable on a self-employed basis. After this date I continued to work with them although no further contract was discussed and I just continued to issue an invoice and received payment monthly.

I became ill with stress twice while working there, but managed to keep my sick leave to a bare minimum, taking holiday instead and generally struggling on as a casual self-employed "employee" I only get paid if I work for them.

Unfortunately due to the bullying (well documented by me) by my boss (the chair) and her general inability to manage the team, I became unwell again and am currently signed off sick due to severe stress and depression.

My GP has given me sick notes for 6 weeks in total (ending 10 Sept) and I am still really not coping very well at all, so I wouldn't be surprised if it continues for a bit longer.

My questions are:

(a) Do I have to show these sick notes to the organisation? It seems to me that I don't have to as I am self-employed and any "contract" I had has expired.

(b) Is there anything I can do to stop the chairman of the organisation gossiping (to volunteers, to the rest of the board, to staff and to people in organisations sharing the place of work) about the state of my mental health?

Hi

If you are truely self employed ( see below ) then you would have a contract for services not employment and your contractor is unlikely to have any legitimate right to see see your sick notes. In this situation they would not in any event have an obligation to pay you sick pay. Assuming they have already paid you for the work done then the only likely consequence of not providing a sick note might perhaps be that they would not be inclined to provide you with further work assuming there was some available and that you would even want it !

In terms of the gossiping about your health you could ask them in writing to respect your privacy at this time when your health is suffering (bearing in mind that you might want to avoid action that would draw further attention to your circumstances).

You could also get advice from a Personal injury specialist if you have developed your illness ostensively because of your work, to see if a claim for damages is possible . The Association of Personal Injury lawyers can offer free intial advice on this. see www.apil.org.uk for more info.

You also need to be clear about your employment status. Whilst your "employer " has said you are self employed your true status may well be different . Follow the link below for more information on this. If you feel that this is an issue then you would need to visit your local CAB for an in depth examination of the issues.

http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/contracts_of_employment.htm

Butterfliesarepretty · 30 August 2012 at 8:18PM

Hi,
Question is my partner is 56 and works as a maintenance fitter at a food factory, repairing ovens, castings etc. Works two shifts, 6-2pm and following week 2-10pm. He has to work some saturday mornings too - part of the contract. There is no union there and sometimes he is on call.

Eg he did a 2pm-10pm wednesday drove home went to bed then got called out at 3am and was there till 5.45am. He gets paid for this too. But after getting home and having a small amount of sleep he still has to go in work at 2pm and work till 10pm and after that he is absolutely shattered.

Surely there is a law that says an employee has to have a decent break or sleep and a shorter shift?

All the other engineers have to do the same. There is no person who just does the on call rota.
The ovens are old and always breaking and the company wont replace them with new. I am worried that my partner being so tired will have an accident due to lack of rest and also this job impacts on his home life, eg he has no social time left and needs to finish his house but cant because they are always ringing him even when its his day off or weekend that hes not due in.

What can I do?

stanleymog · 1 September 2012 at 4:42PM

I have been diagnosed with oesteoarthritis and have missed quite a bit of time off work recently, mostly unpaid (odd days here and there).

Recently I was diagnosed with depression as well, after visiting the doctor he signed me off for 8 weeks for the depression and arthritis.

I was also given another fit for work note after this period and took another 6 days off work.

I then had a weeks holiday that had been pre-booked (the company makes us take certain weeks holidays each year and this was one off them) which I took and returned to work on the Monday after the holiday.

I completed 2 days work of 8 hours each day before being in pain again and not being able to return to work, I visited my doctor who said I should have had a phased return to work and was signed off for another week.

On Tuesday 28th August I was due to return to work again but told that I had to have a meeting with the boss (this couldn't be prearranged as the boss was on holiday) so the meeting was held on Wednesday 29th August and didn't go to well.

I informed the company of all return dates and what was going on either by phone, text or letter.

Please could you answer the following questions:

I have been told I was not allowed to take my weeks holiday mentioned above without permission from my boss?

I have been told I am not allowed to accrue holiday while on the sick?

I have also been told I am not allowed to return to work for 13 weeks (when my half pay runs out)?

He also stated that I should resign as I have been seen working else where, I delivered some leaflets for my wife's business, I was out for 40 minutes and the doctor told me to exercise by walking to help my back (I wasn't paid, I was bored and need the exercise) and I have been seen entering my wife's place of work so I must be working else where, I explained that my wife works on a one to one basis and going into my wife's place of work is no different to going to the shop?

I have been instructed to go back to the doctor to find out exactly I can do by writing a list of the jobs I do and what they involve, I asked for help on this and emailed a copy to my boss incase anything needed amened or added and had no response.

At the moment I feel like I am being victimised and this has caused my depression to resurface and even got my wife worrying, I feel as though I have to stay indoors all the time incase I am 'seen' doing something he doesn't like, surely it's bullying?

Sorry for the long ramble!

eventing88 · 2 September 2012 at 6:05PM

Hi there,

I work at a school and since September 2011 have been on a pro rata (term time only) contract. My school asked me if I would like to go full time in the same roll which I did, so I agreed to take on a full time contract which began on the first day of the summer holiday 2012.

My question is - as I have been paid pro rata all year but did not take the 5 week summer holiday, should I receive a lump sum since this summer holiday would have been factored in to my pro rata salary?

I have asked the payroll clerk at work who never got back to me. I don't feel I am able to ask again for fear of causing waves and I am feeling really stressed about it as I do not trust them!

Please help me! I have looked everywhere online but can't find any info.

Many thanks in advance

Mark

CAB_Malvern_Hills_representative · 3 September 2012 at 12:14PM

Butterfliesarepretty wrote: »

Hi,
Question is my partner is 56 and works as a maintenance fitter at a food factory, repairing ovens, castings etc. Works two shifts, 6-2pm and following week 2-10pm. He has to work some saturday mornings too - part of the contract. There is no union there and sometimes he is on call.

Eg he did a 2pm-10pm wednesday drove home went to bed then got called out at 3am and was there till 5.45am. He gets paid for this too. But after getting home and having a small amount of sleep he still has to go in work at 2pm and work till 10pm and after that he is absolutely shattered.

Surely there is a law that says an employee has to have a decent break or sleep and a shorter shift?

All the other engineers have to do the same. There is no person who just does the on call rota.
The ovens are old and always breaking and the company wont replace them with new. I am worried that my partner being so tired will have an accident due to lack of rest and also this job impacts on his home life, eg he has no social time left and needs to finish his house but cant because they are always ringing him even when its his day off or weekend that hes not due in.

What can I do?

Hi

The Working TimeRegulations 1998 apply to all workers, although there are some exceptions andsome special provisions for certain categories of workers, including youngworkers. The regulations impose a limit on the average number of hours workedover a week and a limit on how many hours may be worked before a rest break istaken.

The law saysthat most workers should not have to work more than 48 hours a week on average.This includes any overtime. However, you can choose to work more than 48 hoursa week as long as you have agreed this with your employer. Your employer cannotforce you to work more than 48 hours if you do not agree.

A case in theEuropean Court of Justice (ECJ) ruled that time spent ‘on call’ (or standby)has to be counted entirely as working time if the employee is required to bephysically present at her/his place of work, or another place determined by theemployer, and to be available for work. This is the case even if the worker isresting. However, if the worker is merely required to be contactable, but doesnot need to be physically present at a particular place determined by theemployer unless called in, that period of on call duty is not counted asworking time.

Your husband should examine his contract of employment to check what working hours were agreed at the time he took the job.

There are two fact sheets on our website Adviceguide - www.adviceguide.org.uk covering hours of work and restbreaks. Follow the links from the home page:
work>health&safety>working time. At the end of the information there is a link to Fact Sheets.

CAB_Malvern_Hills_representative · 3 September 2012 at 12:56PM

stanleymog wrote: »

I have been diagnosed with oesteoarthritis and have missed quite a bit of time off work recently, mostly unpaid (odd days here and there).

Recently I was diagnosed with depression as well, after visiting the doctor he signed me off for 8 weeks for the depression and arthritis.

I was also given another fit for work note after this period and took another 6 days off work.

I then had a weeks holiday that had been pre-booked (the company makes us take certain weeks holidays each year and this was one off them) which I took and returned to work on the Monday after the holiday.

I completed 2 days work of 8 hours each day before being in pain again and not being able to return to work, I visited my doctor who said I should have had a phased return to work and was signed off for another week.

On Tuesday 28th August I was due to return to work again but told that I had to have a meeting with the boss (this couldn't be prearranged as the boss was on holiday) so the meeting was held on Wednesday 29th August and didn't go to well.

I informed the company of all return dates and what was going on either by phone, text or letter.

Please could you answer the following questions:

I have been told I was not allowed to take my weeks holiday mentioned above without permission from my boss?

I have been told I am not allowed to accrue holiday while on the sick?

I have also been told I am not allowed to return to work for 13 weeks (when my half pay runs out)?

He also stated that I should resign as I have been seen working else where, I delivered some leaflets for my wife's business, I was out for 40 minutes and the doctor told me to exercise by walking to help my back (I wasn't paid, I was bored and need the exercise) and I have been seen entering my wife's place of work so I must be working else where, I explained that my wife works on a one to one basis and going into my wife's place of work is no different to going to the shop?

I have been instructed to go back to the doctor to find out exactly I can do by writing a list of the jobs I do and what they involve, I asked for help on this and emailed a copy to my boss incase anything needed amened or added and had no response.

At the moment I feel like I am being victimised and this has caused my depression to resurface and even got my wife worrying, I feel as though I have to stay indoors all the time incase I am 'seen' doing something he doesn't like, surely it's bullying?

Sorry for the long ramble!

Hi

You do not say how long you have been working for your present employer.

Regarding taking time off as holiday - there is a fact sheet on our website www.adviceguide.org.uk on holidays and holiday pay which covers this. On the home page click on 'work' in the fact sheets box and this will list all the sheets available including the one mentioned.

The European Court of Justice (ECJ) has ruled that a worker who is off work on sick leave continues to accrue statutory holiday while s/he is off sick.

It is difficult to respond to your statement regarding having been told that you are not to return for 13 weeks. You do not say if your employer has approached you seeking an independent medical report. You say that your employer has asked you to provide information regarding your ability to carry out certain tasks relating to your employment.

We would suggest that you may wish to seek face-to-face advice from your nearest CAB. On the r-hand side of the home page of Adviceguide click on 'getting advice' and put in your post code.

CAB_Malvern_Hills_representative · 3 September 2012 at 3:35PM

eventing88 wrote: »

Hi there,

I work at a school and since September 2011 have been on a pro rata (term time only) contract. My school asked me if I would like to go full time in the same roll which I did, so I agreed to take on a full time contract which began on the first day of the summer holiday 2012.

My question is - as I have been paid pro rata all year but did not take the 5 week summer holiday, should I receive a lump sum since this summer holiday would have been factored in to my pro rata salary?

I have asked the payroll clerk at work who never got back to me. I don't feel I am able to ask again for fear of causing waves and I am feeling really stressed about it as I do not trust them!

Please help me! I have looked everywhere online but can't find any info.

Many thanks in advance

Mark

Hi

We would agree that your interpretation of the situation is probably correct, but like you are finding it difficult to support this view with specific helpful information.

Presumably you were issued with a revised contract or new statement of main terms and conditions when you started in July and you have already examined this to check whether this is referred to.

You do not say whether you work in a local authority school or a private school, or if you are a member of a union. If the school is local authority you should refer to the local education authority payroll or HR department. Your contract should specify who your line manager is, or to whom you report in your role and we suggest that you take the matter up with this person. Although you are unhappy about raising the matter it is unlikely that it will be resolved if you are not able to discuss it and express you concerns.

Basic rights at work & Redundancy

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