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Hey folks, here is the problem.

 

I'm writing on behalf of my wife by the way. She doesn't like forums and I am pretty stressed about all this so was hoping you might be able to help.

 

My wife took a week off work, an authorised holiday, as she was depressed and anxious about work due to the fact her job description has changed, increasing her workload.

 

Basically she is a receptionist but due to redundancies in another department, her office has become busier and she has had to take secretarial duties as well without an increase in salary. The reason for this is the actual secretary suffers from agoraphobia so works from home, which doesnt help when certain in-office duties are required to be completed i.e printing/filing etc.

 

These extra duties combined with additional stress caused by other employees not doing their job e.g taking extended lunch breaks causing clients to become agitated and directing their frustration at the receptionist.

 

So my wife does not feel better at the end of her week off and after seeing the GP is signed off for one week. She sends the certificate to work and all is fine.

 

My wife still does not feel any better and is signed off for a further 2 weeks.

 

During this period work call her asking where a file is and indirectly accusing her of losing it. This causes more stress so she complains to the manager by email, to which he apologises for any accusation and for calling whilst she is off work with anxiety and depression.

 

My wife obtains a futher two week certificate from work and upon receipt of it, work email her twice. Once advising her of the redundancies being made (pretty much states that she is up for redundancy despite the fact her position is necessary) and the other quoting the sick pay section of her contract.

 

"Given that you have already been off work on Sick Leave for a period

of three weeks and that the further Sick Note which you have just told

me to expect will take your period of Sick Leave to a total of five

weeks, I feel it only right to draw your attention to the fact that

the Discretionary Payment of your full salary whilst absent through

sickness pursuant to Clause #.#:# of your Contract of Employment will

come to an end after a period of four weeks of Sick Leave, and that

you will thereafter revert to Statutory Sick Pay as per Clause #.#:#

of your Contract of Employment.

 

In other words, whilst you will continue to be paid your full salary

in respect of the first week of the latest Sick Note which you have

indicated that you have put in the post to me, you will only receive

Statutory Sick Pay in respect of the second week covered by that

Medical Certificate. I thought it only right to provide you with

advance warning to this effect, so as to enable you to arrange your

financial affairs accordingly."

 

This did not raise too many alarm bells with her as she thought she would have enough money to cover bills.

 

Whilst all this is going on, meetings between the overall manager and her boss at her office have been going on discussing redundancies, at which point my wife was asked if she would like to contribute anything.

 

The CAB advised that this is definitely threatening redundancy and further action can be taken if she is made redundant and then replaced.

 

A futher letter relating to these meetings was sent, which was derogatory towards her previous complaints about additional workload and her not being able to carry out her reception duties as a result, and also stated that if redundancy was made, no redundancy pay would be paid due to the fact she has not worked for a 2 year period. (She has worked for about 18months)

 

Today my wife received her monthly wage slip through the post which stated approx £150 wages and approx £90 SSP. Bearing in mind this is a fulltime position working 9-5 Mon-Fri earning above national minimum wage.

 

She has emailed for an explanation as of course she is distraught, but as yet there has been no reply.

 

Any advice on this matter, or explanations as to the amount she has been paid would be greatly appreciated, but if you need any more details, please just ask.

Edited by FrustratedConsumer
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  • 4 weeks later...

Judging by what has been posted it looks like the payroll dept have made a mistake with her basic salary. SSP at that rate only accounts for just over 1 week of sickness.

 

More concerning here is the fact that your wife could be made "redundant"

 

A "person" cannot be made redundant the position is made redundant in other words the job that someone is doing is no longer going to exist. The person would be entitled to "Redundancy Pay" if he or she had not less than 2 years continous service.

 

So if your wife's employer continues with this course of action your wife may well have a case for unfair dismissal, IF she can prove that the position she is being made redundant.

 

You really need to see the "Terms & Conditions of Employment to determine whether the employer is acting fairly regarding the on going sick pay issue.

 

Hope this is a help

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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