Urgent advice needed - wages

[animal_lover]

Hi Animal Lover, my heart really goes out to you. Employers can be almost impossible to fight at times. If you really need urgent cash to survive you could try applying for a crisis loan from the benefits agency.

You do NOT need to be on benefits to apply - check this link and I would also either phone or go into your local jobcentre and many have a direct freephone number to apply.

Jobcentre Plus - Working Age Benefits Social Fund Crisis Loans

Let us know how you get on, oh and be sure to over estimate how much you need when applying - they never give what you ask for
__________________

Thanks Dipply75, I already owe them money that i can't pay back till i get these wages sorted so i don't think they will help me. And i've just remembered it's gonna be Tuesday before i can ring them anyway as there closed now or they will say to call back on Tuesday that's what they used to do as it's too late for me to pick it up.

Hi Dipply, I rang crisis loans just in case they could help nothing was mentioned about the money i owed them but
they said they couldn't help me as i needed to sort out my wages with my employer. I thought telling them that they haven't paid me properly and than i've had to send in a complaint would help but turns out that was the thing that stopped me getting help.

[animal_lover]

I've spoken to Disability Rights and they've told me that my illnesses are classed as a Disabilty and that my employers are in breach of the Disability Dicrimination Act under part 2
Harrassment duty
Reasonable Adjustment duty.

They told me to put in my letter that i'm covered by the DDA and that they are in breach of it under part 2 with the Harrassment and Reasonable Ajustment duty.

They said i can claim damages and emotional distress if i follow the statutory grievance procedure ( I think that's what he said it was called).

I've got ACAS telling me to make a formal complaint and Disability Rights telling me to start off with an informal complaint my head is spinning.

Any advice please on how best to re word my complaint to fit in with the above and what gemspan suggested.

Thank You

Oh and also i'm waiting to hear back from Usdaw Union about helping me aswell so fingers crossed i should get some money soon.

[Dipply75]

Morning Animal Lover, I have to nip out but will have a look over and try and help with the letters this afternoon? Its good hearing you officially have a genuine case but thats a lot to be sorting out! Can you get to your nearest CAB and ask for a Welfare Rights officer to help? This may also be handy as they can help represent you if need be down the line - as that can be scary itself.

As for the crisis loan (*sigh*) they really annoy me. I would phone them right back up and appeal - ask to speak to a manager as the complaint you have raised can take weeks/months to sort as it is going through ACAS - you need money to survive NOW!

Also tell them you want their decision and reason in writing so you can take that to a welfare rights officer also - see if that changes them. They told my brother you could only get a crisis loan if you were on income support and left him stranded Don't trust everything they tell you.

Apart from that - hope you are at least feeling a bit better

[animal_lover]

As for the crisis loan (*sigh*) they really annoy me. I would phone them right back up and appeal - ask to speak to a manager as the complaint you have raised can take weeks/months to sort as it is going through ACAS - you need money to survive NOW!

Also tell them you want their decision and reason in writing so you can take that to a welfare rights officer also - see if that changes them. They told my brother you could only get a crisis loan if you were on income support and left him stranded Don't trust everything they tell you.

Hi, I reapplied this morning and at first they said no but i begged them telling them what's been happening and said that my doctor told me that there probably doing all this for me to leave without actually dismissing me(which is true) she said that she wouls ring me back in 10 minutes and said she could get me £40 so i've got to go and pick it up at 12pm.

I'm feeling really better now as in another thread i put about losing my flat because of not being able to pay rent this month and i already have a suspending possession order and they ave applied to the courts for a date to end my tenancy but i spoke to shelter last night they deal in housing law and they've told me to apply to the courts to suspend my possesion order again which shelter are going to help me with. so these past 2 weeks i've felt like i've hit rock bottom but these past 2 days things are looking up. When i pick my money up i'm going into the CAB and ask for the welfare rights officer and i'm also gonna get someones opinion about my Welcome Finance Agreement the Maybelline says is unenforceable so fingers crossed and i'll post threads in the relevant posts to let you know how i've got on.
Thanks again

[Dipply75]

Excellent, well done you!

Now you are heading in right direction we just have to keep you there - let us know how you get on, will be thinking of you

[animal_lover]

Hi, I couldn't speak to anyone from the CAB as they were closed due to lack of staff. So there not open now till Monday i'll try and go then depending on how i'm feeling.

I meant to add before that Disability Right have also said that sickess for my disability should be recorded down different to other illnesses and they aven't so i've had two written warnings and two disaplinarys basiclly when i shouldn't off maybe that's something i can put in the letter.

[animal_lover]

I've just spoke to work to let them now i've got a sicknote for 4 weeks and the one who hasn't spoken to me since mid july. said when she comes in tomorrow where gonna sit down together and sort out my wages and sort out so i will have something proper to eat tomorrow. Coming along all nice saying fair enough i gave it to my other line manager but it should of been given to her. blah blah I really feel terrible but with money problems the way they are because of it i had to say i'll do my normal shift tomorrow just to sort it out. It's a shame as i really wanted to get them for it aswell but also glad it's getting sorted.

[animal_lover]

I went in this morning feeling like crap and had to do a back to work form it asks if your fit to return to work i explained to one of the managers about my situation. and he basically told me it was my fault and it's not something to be off with. Anyway i went onto the shop floor and one of my friends asked me if i was ok i said i wasn't and she shouted at me telling me to go and find personnel or the store manager and tell them so i did and the looks they give me as they think it's just a migraine and it isn't anyway i get my things and i spoke to the assistant manager saying i'm gonna hand in my resignation as i don't feel like i can work for a company who i feel doesn't believe that i am genuinley ill especially when they have my medical records aswell to prove. so he told me it wasn't that people don't believe that i'm ill it's just that i've had alot of time off so he took it as my verbal resignation and that he was gonna send a letter out and give me some time to think about it.

So my wages hasn't been sorted as i went before she came in, I don't know when's the best time to ring her as i don't think i'll be going back and i get paid on next Friday so it needs to be done A.S.A.P but i know she won't be happy with me. Any thoughts?

[gemspan]

Hi Animal Lover

I thought you had a sick note for 4 weeks? What were you doing in work today? They have absolutely no right to have you in to work when you are signed unfit by a doctor. They could get into serious trouble for that.

At this precise moment in time I dont think that you are in any fit state to say whether you will resign or stay - because you are ill!!! If they are leaning on you and advising you otherwise then you must stay off work until you are better.

Did you send your letter? You need to get your wages sorted out forthwith and that means they have to get up off their backsides and do what they are being paid to do and that is manage effectively!!

Lets look at the facts here. When you got the job the company knew you had this illness. This illness is recognised under the current disability laws and your time off sick should be recorded separately. They havent done this. They are harrassing you which will only make things worse for you, healthwise!!! YOu have a sick note. They should be sorting your salary out toot sweet! If they need you to go in to help them sort it out, go in for the meeting, not for a shift. You are unable to work through illness.

Draft a letter advising all the hours you work and the hours you were paid for. The remaining hours have been unpaid and they owe you £X. Even if you have to hand-deliver the letter or get somebody else to deliver it for you, make sure they get it and the wages thing is sorted out immediately.

This is absolutely disgusting treatment of an employee - especially one with health problems.

Good luck. Keep your chin up. I know its not easy when you have no money etc., but start to get more assertive with them.

Kind rgards
Gemspan

[animal_lover]

Hi gemspan,

what happened was i rang work Thursday night to let them know i had a sicknote and that i wouldn't be back for 3 weeks (as it was backdated to the first day i was off which was last Friday) and explained why. She said that she had my wages in front on her and needed me to sign a form to get it sorted. But as she wasn't in till 1pm she told me to come in and do my normal shift and as soon as she came in we would sit down and go through it. But it was upto me if i wanted to do that which i agreed to do as i need to get it sorted plus when she asked me my head was spinning and i couldn't think straight.
But i think she knew i couldn't say no and the fact it would look bad on me that the reason why i'm off is because i've no money and saying no to going in to do my shift which would lead to me sorting it out.

So i went in feeling and probably looking like crap and i had to fill in a back to work form, I explained to one of the managers about why i was back in and that i had a sicknote and that i wasn't ready to return but he just looked at me and basically said it was my fault and when i said i had a sicknote for 4 weeks but told him i wouldn't be off that long he said i should hope not (now isn't that supportive). That's when i started to know i couldn't do it anymore anyway i went onto the shop floor and my friend asked me if i was ok i said i wasn't and she shouted at me telling me to go and find personnel or the store manager and tell them so i did and the looks they give me as they probably think i'm making it up and that it's probably just a migraine anyway i went through it all again about talking to my manager the previous night, why i was in, what was wrong etc.... and they said they would tell my manager to ring when she came in but she never did.When i said to the assistant manager about my wages being off he looked at me and said well you have had alot of time off. That's when i knew for definate i couldn't stay there any longer. As i was on my way out i spoke to the assistant manager again and said i'm gonna hand in my resignation as i don't feel like i can work for a company who i feel doesn't believe that i am genuinely ill especially when they have my medical records aswell to prove it. so he told me it wasn't that people don't believe that i'm ill it's just that i've had alot of time off so he took it as my verbal resignation and that he was gonna send a letter out and give me some time to think about it. I asked him if he wanted my sicknote just in case as my manager said as it hasn't been declared yet that it won't made a difference about me being off for my last shift i just wouldn't get paid my wages ofr it or SSP.

Whenever i mentioned about the problems i was having and about how i felt he just kept saying it was upto me and that he wouldn't say do this or do that as it depends on what i wont and he also said it seems to me you know what you want your just not 100% sure so you can either write your notice now or wait till i send you the letter out asking you to confirm. He was really nice about it but that doesn't suprise me.

I haven't sent the letter in yet as i'm waiting for them to give me the list of all the hours put through so i know i've put it down right. She said i need to sign a form for her to look into it so if i sign the letter i'm sending in will that be enough. When i was talking to her aswell she basically told me it was my fault my wages wasn't sorted as i didn't go to her about it so i told her i did and in April you told me it was sorted she said i should of reminded her as she isn't a mindreader. But thinking about it afterwards i realised when we got paid after she said she had sorted it i was actually off with a sicknote that's why i never mentioned it to her then when i did return she was on holiday that's why i went to my other manager who kept telling me he would sort it and never did.

And would you believe i actually recieved the letter confirming my verbal resignation this morning, it's amazing how they did that quick but yet after 6 months i still haven't had my wages sorted. I got to put it in writing and send it back by the 2nd September or ring if i change my mind.

I really don't know what to do, I don't wamt to go back but if my mum and dad found out that i had just left before finding another job (i live in my own flat) they would kill me.

What do you think i should do?

Thanks

Animal_lover

[gemspan]

Originally Posted by animal_lover

Hi gemspan,

what happened was i rang work Thursday night to let them know i had a sicknote and that i wouldn't be back for 3 weeks (as it was backdated to the first day i was off which was last Friday) and explained why. She said that she had my wages in front on her and needed me to sign a form to get it sorted. But as she wasn't in till 1pm she told me to come in and do my normal shift and as soon as she came in we would sit down and go through it. But it was upto me if i wanted to do that which i agreed to do as i need to get it sorted plus when she asked me my head was spinning and i couldn't think straight.
But i think she knew i couldn't say no and the fact it would look bad on me that the reason why i'm off is because i've no money and saying no to going in to do my shift which would lead to me sorting it out.

First of all Animal Lover you have a sick note. You are not fit to work. She should not have asked you to come in and "work" your normal shift because you have a sick note to confirm you are unfit to work. This is a very serious matter as you will see from my second comment. She should have arranged a specific time for you to come in and have a chat with her on a one to one basis to go through your wages and sort it out. She should not be asking you to come in to do a "normal shift" when you are ill.

So i went in feeling and probably looking like crap and i had to fill in a back to work form, I explained to one of the managers about why i was back in and that i had a sicknote and that i wasn't ready to return but he just looked at me and basically said it was my fault and when i said i had a sicknote for 4 weeks but told him i wouldn't be off that long he said i should hope not (now isn't that supportive). That's when i started to know i couldn't do it anymore anyway i went onto the shop floor and my friend asked me if i was ok i said i wasn't and she shouted at me telling me to go and find personnel or the store manager and tell them so i did and the looks they give me as they probably think i'm making it up and that it's probably just a migraine anyway i went through it all again about talking to my manager the previous night, why i was in, what was wrong etc.... and they said they would tell my manager to ring when she came in but she never did.When i said to the assistant manager about my wages being off he looked at me and said well you have had alot of time off. That's when i knew for definate i couldn't stay there any longer. As i was on my way out i spoke to the assistant manager again and said i'm gonna hand in my resignation as i don't feel like i can work for a company who i feel doesn't believe that i am genuinely ill especially when they have my medical records aswell to prove it. so he told me it wasn't that people don't believe that i'm ill it's just that i've had alot of time off so he took it as my verbal resignation and that he was gonna send a letter out and give me some time to think about it. I asked him if he wanted my sicknote just in case as my manager said as it hasn't been declared yet that it won't made a difference about me being off for my last shift i just wouldn't get paid my wages ofr it or SSP.

This proves that you were unfit for work. The fact that you came in because you felt you were under an obligation to come in has made you worse. This is evidenced by the fact that you had to go home because you felt ill. The stress would have been a contributing factor to this!!! I will say it again, you are in no fit state to be deciding on your future at the moment. You are ill. Nobody can make a balanced decision on anything such as this when they are ill. It is my opinion that you are being harrassed. Your place of work does not believe the decision of a doctor that you are not fit for work. They are making you come in on the premise of having your wages sorted out, when you are not fit to do so.

Let me tell you this. It is not a manager's place to say he/she hopes you will not be off the full term of your sick note. If your doctor says you are unfit to work then you are unfit to work. Bearing in mind that your illness falls under the disability laws they are very much treading on thin ice here.



Whenever i mentioned about the problems i was having and about how i felt he just kept saying it was upto me and that he wouldn't say do this or do that as it depends on what i wont and he also said it seems to me you know what you want your just not 100% sure so you can either write your notice now or wait till i send you the letter out asking you to confirm. He was really nice about it but that doesn't suprise me.

Of course any employer doesnt want to have staff who are off sick all the time but, they knew your previous history when they employed you. By treating you in this way they are contravening these acts.

I haven't sent the letter in yet as i'm waiting for them to give me the list of all the hours put through so i know i've put it down right. She said i need to sign a form for her to look into it so if i sign the letter i'm sending in will that be enough. When i was talking to her aswell she basically told me it was my fault my wages wasn't sorted as i didn't go to her about it so i told her i did and in April you told me it was sorted she said i should of reminded her as she isn't a mindreader. But thinking about it afterwards i realised when we got paid after she said she had sorted it i was actually off with a sicknote that's why i never mentioned it to her then when i did return she was on holiday that's why i went to my other manager who kept telling me he would sort it and never did.

And would you believe i actually recieved the letter confirming my verbal resignation this morning, it's amazing how they did that quick but yet after 6 months i still haven't had my wages sorted. I got to put it in writing and send it back by the 2nd September or ring if i change my mind.

I really don't know what to do, I don't wamt to go back but if my mum and dad found out that i had just left before finding another job (i live in my own flat) they would kill me.

What do you think i should do?

Thanks

Animal_lover

I would send a letter stating the following:

Dear Sirs

Heading - ie your name

With reference to my employment with your organisation and the letter I received on (date) relating to the fact that you state I had verbally resigned on (date), I am now writing to you to confirm that I am currently unfit for work and have been signed off as unfit for work by the doctor. This sick note lasts until (date) and I have advised you of that fact. I am therefore in no position to make decisions relating to my future at this current time and therefore any suggestion that I will resign from my position should be discounted as I was not fit to make that decision.

Further, I was required to attend work on (date), when you assert that I verbally resigned, on the instruction of my line manager who asked me to come in and do my "normal shift" so that my wages could be sorted out. I therefore came to work on the understanding that my wages would be sorted out, even although I had a sick note advising that I was unfit to do so. The fact that I was unfit to work was evidenced by the fact that I had to leave and go home as I felt so unwell. I have since taken advice and have discovered that I should not have been requested to come to work my "normal shift" as I was unfit to do so as confirmed by my doctor's certificate.

I would like to take this opportunity to remind you that when I was offered the position with your organisation, you were advised of my medical history and you chose to employ me. The fact that I have had to take time off because of my condition should therefore come as no surprise to you. In this area, I consider that I am being harrassed and your organisation is most definitely not complying with the current regulations in relation to my disability. It is your obligation as my employer to do so.

Please be aware that I expect my wages to be corrected immediately and any shortfall paid to me forthwith. It is your legal obligation to ensure that an employee is paid for the hours they work. To date, you have failed to do so.

Please take this letter as a formal grievance on the grounds that I have not received wages for the hours I have worked for your organisation and the fact that I consider the behaviour of your managers to be harrassment which contravenes the disability regulations in the UK. I will now be seeking legal advice in relation to this matter.

I require this grievance to be escalated to senior management and human resources for them to investigate. I expect a representative from your organisation to contact me immediately on receipt of this letter in order that the matter of outstanding monies owed to me by way of wages can be finalised.

Yours sincerely






Send this letter to your line manager and copy it to head of human resources at head office. I would also contact CAB to find out your position in relation to this matter.

I realise this must be very distressing for you but you will feel much better when you take action to stop them harrassing you. They have treated you appallingly and they deserve to be taken to task for it.

I hope this works out for you. I am sure that it will. Perhaps somebody will be able to "tweek" my letter a bit to relate to the relevant disability acts.

Good luck
Kind regards
Gemspan

[animal_lover]

Thanks gemspan i love the letter. I'll leave it on till Monday incase anyone wants to add anything further then i will post it first thing Monday morning and see how they like that.
Should i give in my sicknote in with the letter as he said it's upto me because we wasn't sure if i would be going back or not. So then i forgot when i left.

[gemspan]

Hi there

Of course give your sick note. You havent left and you're not going to let them force you to leave, are you??

The way they have been treating you is terrible. I would definitely get on to ACAS on Monday to see where you stand re this and also the people you spoke to relating to your disability. You have to start being proactive now Animal Lover (love the name by the way - close to my heart!!!) and make sure they dont get away with this.

Take care. Have a good weekend!!!

Gemspan

[animal_lover]

No i'd rather leave when i'm ready to which is now (joke).

I spoke to ACAS and Disability Rights during the week, Do you mean with the new information (sorry in advance if it's a stupid question but just wanted to make sure).

I definately wont let them get away with it, I've had problems (before i found this site) in the past with not recieving money owed to me by previous employers one of them especially my deputy manager and i was supervisor at the time changed my hours so what i got paid was right and lost out on nearly £550 although i heard not long after i resigned he got sacked with his partner for fraud so i suppose that makes me feel abit better about it. going of point there abit but what i'm trying to say is because of that experience plus others that has made me more determined not to let my current employer away with it like i did with the others.

Thanks for your help. You have a good weekend to

Animal lover