Thread: Sent Home From Work

My son finally got a job in November 2007. He was working in a factory. He worked a month in hand and got paid Christmas week. The factory closed for Christmas then re-opened for two days between Christmas and New Year. My son was ill with a stomach bug and didn't get out of bed for three days. He missed the two days he should of worked. He went back to work after the New Year and a Supervisor asked him what he was doing there. He said that he was there to work, The Supervisor then informed him he didn't work there anymore.

When he didn't turn up after Christmas she asked the staff if anyone knew where my son was and somebody told her that he had said he was only doing the job until Christmas then leaving. My son has not said anything of the kind to anyone. Anyway the Supervisor sent him home saying that they will ring him to arrange a meeting with management to see where they go to from here. As as she was concerned they no longer employed him.

He is still waiting for the phone call. I've told him to ring them but he doesn't want to annoy them as they are supose to ring him. Where does he stand? Surely he would have to give notice to quit. They can't take word from someone else. Does this mean he will not get paid for the holidays over the festive period or since he was sent home?

Any advice would be gratfully appreciated.

Similar Threads:

• Home sweet home for RedVixen NOT!!!
• Boyfriend unfairly sent home from work - help with what happens next?
• Equita - Auction removal car and home goods - not even living at home!!! unique case
• its coming home its coming home my money is coming home

Originally Posted by wino

He is still waiting for the phone call. I've told him to ring them but he doesn't want to annoy them as they are supose to ring him.

You could equally say that if he doesn't ring them, then he isn't that interested and they will simply let the matter drop.

He needs to contact the company asap and take this forwards.

The other thing is, did he contact them to say that he was sick, or just not turn up?

Probably need a little more information here. When your son was sick, did he report his absence to the employer? What does his contract or company handbook say about absence procedures? If he did not contact them, then they may believed him to have broken his contract by not doing so and therefore terminated his employment. Good practice however would be to have written to him and to have asked for his intentions. Hearsay from a colleague might have led them to believe that he did not intend to return, but they should have made an attempt to establish whether this was true. Similarly, if he was believed to have terminated his contract, then he should be due written confirmation of this with advice as to his last working date and when any wages and P45 due to him would be sent.

Your son really needs to phone (or write) to request a meeting as a matter of urgency - not wait for a phone call . Having only worked there since November he has fewer rights regarding unfair dismissal, particularly if he has not maintained contact at the beginning of and during his period of sickness. His best hope that they still want him to work there and for him to express his wish to remain, but he needs to find an opportunity to put this to them rather than sit and wait. It may be that he was useful whilst there, they still need staff and are willing for him to return.

Regarding outstanding wages/holiday pay, once again this will depend on his contract. With our staff, absence immediately following a Bank Holiday closure will lose not only the first three days of the absence, but also the pay for the non-worked days off as well. If a similar condition exists with your son's employer, then he could lose the pay for the Christmas break (although would be entitled to outstanding holiday pay accrued since he started). I doubt very much that he will be paid for the period since he was sent home, as (if he did not report himself absent at the time), they will undoubtedly claim that he breached his contract and went AWOL, therefore negating any entitlement to notice or pay in lieu of. Nevertheless he is entitled to written details of why his employment has been terminated (if that turns out to be the case) and should ask for this if it is not forthcoming.

I will read his contract later. But no he didn't ring in sick. I thought he was just being a lazy git not getting out of bed despite all my shouting and throwing water over him. Day two I told him over and over to phone in work as I was not going to as he is old enough to do it himself (nearly 19) He just stayed in bed for three days. When he finally got up he told me he had been ill.

Hi Everyone, I read my sons contract last night. It states that he needed to telephone within 3 hours of his shift to say he's ill.

He rang yesterday and spoke to someone in the office requesting a time and date for the meeting as he really wants to return to work. He was told that his supervisor is dealing with it and he would receive a call from her after 2 O'clock yesterday. No phone call was forthcoming.

My son went to the job centre and was told he cannot sign on for job seekers allowance as officially he still has a job until the meeting with his managers. His contract of employment states that he has to give 1 week notice to leave and the company will give him 1 weeks notice of termination of contract. Although he breached his contract by not ringing in when he was ill I cannot see how they say he has left on his own accord because someone else at the factory told them he had.

I think we have to accept that he is no longer employed and will have to wait and see what the company decide to do.

most employers are very good, i was sent home ill by a manager, and the following day given a verbal warning for it also had a award denied ie extra payment i had been given for customers writing in thanking me for service provided I no longer work for them

My son still has not received a phone call from the company. He has rang another two times requesting a meeting with management. The Job Centre have told him that he needs to officially resign before they can help him and put him forward for work.

Do you think thats what the company are waiting for? They have not followed the terms of the contract regarding finishing his contract. No meeting with management or a written notice.

Originally Posted by Ell-enn

I wouldn't advise him to resign... and as for the job centre telling him that I'm amazed - if you resign from a job of your own free will the DWP may not pay jobseekers allowance. You can look for a job anytime - you don't need to to be unemployed!! He is still an employee of the company until such time as they dismiss him in writing.

Kind Regards

Ell-enn

Thanks Ell-enn, this is what I'm thinking. It was his own stupid fault for not ringing in ill. I can understand the company properly feels he is unreliable and so may give him notice to finish him up. The thing is that they havn't given notice, just told him that someone had informed him he had left and they would arrange a meeting with him and management to see where they go to from here. Now Two weeks later and no contact.

As far as the Job Centre where concerned they will give him information on jobs if he asks for it but they will not put him forward as a prioroty as far as they are concerned he already has a job.

I wonder at the end of the month will he receive his months wages even though he hasn't been working

what your son can do is to registered with employment agencies and do an interview with them and maybe some tests - he can do this why he is waiting to hear from his employer.

Thanks Allwood. He has registered with loads of agencies. The problem there is the amount of Polish people who have registered before him. A few agencies say they have to give these people preference. Why I don't know. Do they not have to pay Polish people the same rate of pay as everyone else?

He could join up for more training at the job centre and look at other course that would help in later in life. Does he wan to continue working in a factory all his life. He is still very young and should qualify for training schemes:?

He just wants a job to get money to be able to learn to drive. He told me this morning that he doesn't want to work in a factory all his life but he hasn't got any qualifications. I've pointed out many different training oppotunities to him and he is not interested. He can go on a fork lift truck course completly free of charge. He has enrolled on it three times and never turned up.

Basically since leaving school two years ago he has not been interested in working at all. Now he has realised that he needs to and he is trying his best.

He is off to do the rounds of the agencies again today. Fingers crossed something comes up.