Problems At Work

[robinsky]

Hi

 

I am just writing to update you on my current work circumstances. Basically, I went to see my union some weeks ago (they haven't got back to me) and they said I can resign and have a misconduct as part of any reference e.g. Resigned during an investigation. However they also said I could stay on temporarily and take voluntary retirement, which could result in a 20-30k settlement.

 

I said to the union i would consider going back for that but apart from that, I would not, since the workplace isn't the same environment anymore. I have been very unhappy there for some time. There is no system etc. however, since that union meeting, they have not got back to me, which I think is bad. This has been going on for three months now.

 

Having spoken to my occupational health and since my sick runs out next week, I am going to write a letter to work and lay out my cards on the table to them and explain my situation. I see no other option. Would work allow me to work out my notice with my holiday leave as I would have accrued 30 extra days since the new leave year has begun? Also, how much notice would I need to give because if redundancy is unlikely, I can't see myself going back and I don't want to, under such stressful circumstances. Also, I have a medical condition which is debilitating so I certainly couldn't return to any chore full time, just yet.

 

Am I doing the right think?

 

I am looking for a fresh start.

[Emmzzi]

Hold on - I thought you were putting your notice in and having a few months off?

 

Is the "misconduct" actually sickness?

[robinsky]

Well Emmzzi that's the thing. I spoke to my union and they said if I went back and redundancy opened up again, then I could look at a payoff of between 20-30k, if I stuck it out. I'm not sure if I mentioned that in my last post. Would it be worth going back for, for that sort of payoff?

 

If there was no payoff, then my decision is as it was before - I just think that a substantial pay off like this is worth consideration, but I wouldn't want to go back and find it isn't opening up and that I went back temporarily for nothing.

 

No the misconduct is to do with FB comments that appeared on my wall, some months ago, now. The sickness is due to my stress/depression. Believe me, I really do not want to go back unless I had absolutely no choice. All I needed to ascertain was, in people's opinions, would the voluntary release be worth consideration? I have absolutely no intention to return to my job permanently.

 

I have already contacted work and put my feelings on a plate but their communication has not been very good at all and neither has the union and I feel very let down by both, in all truth. I'm worried because my sick runs out this week but with the medical issue I have, there is no way I could just get back into the full swing of things, which is why I need a meeting with work before any of this happens, to discuss my options and future. Since day one, the whole thing has been so poorly handled.

[honeybee13]

Hello again. Here's a link to your previous thread that had to be closed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421610-Social-Media-Work-Issue&p=4510978#post4510978

 

I think it's going to be hard for us to second guess what your employer might do, and you know them better than we do. And if you don't like your union's advice, could they have got it wrong about this too?

 

When you say your sick runs out this week, do you mean your 'sick note' from your doctor or your employer's sick pay please?

 

HB

[robinsky]

Hello again. Here's a link to your previous thread that had to be closed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421610-Social-Media-Work-Issue&p=4510978#post4510978

 

I think it's going to be hard for us to second guess what your employer might do, and you know them better than we do. And if you don't like your union's advice, could they have got it wrong about this too?

 

When you say your sick runs out this week, do you mean your 'sick note' from your doctor or your employer's sick pay please?

 

HB

 

I haven't heard anything back from my employer, as of yet. I have emailed to ask what is going on, but at the moment, I have received no word from them. The union haven't gotten back in contact with me, either.

 

Basically, I need to know where do I stand? My union said there was the possibility of redundancy opening up again which would mean a potential pay off between 20-30k, which would be worth it, if the return to work was only temporary. Other than that, I have no interest in returning.

 

My sick note runs out this week. I believe you can be off work for six months before they make any alterations where your wages are concerned.

 

Don't get me wrong, I am fully prepared to leave and have said as much to my employers, but all I wanted to know is, would you consider going back for the pay off, have a healthy cash sum and then start looking again? Also, work would also need to pay you for any holiday you would have accrued, so since this is the start of the new leave year, I would be entitled to that pay, plus any pay from the previous leave year.

 

I plan to see my GP because, as I explained, I cannot go back to work full time, regardless, because of my medical condition. This has been a shambles since day one, over something and nothing. It really has.

 

Regards

[honeybee13]

Yes I would consider going back if I thought there would be a lump sum and if it wouldn't make me more ill. But you only have your union's word for it, you have no idea what your employer is thinking and nor do we.

 

I'm worried that you're going to run out of options and end up having to go back or being on SSP only if employer's sick pay runs out. That would be in your terms of employment/employee booklet and the number of months you're paid for could depend on length of service.

 

As to paid leave, most people accrue it for each month of the holiday year they work, are you sure you're entitled to all of this year's leave as of now?

 

HB

[steampowered]

The payoff seems to depend on the company re-running a redundancy exercise. This sounds very speculative to me. Making redundancies is a tough and expensive decision so most companies only plan for one round of redundancies, especially now that the economy is improving. If the job is affecting your health then, unless you or your union has clear information to the contrary, it does not sound wise to keep working in the hope of a second round of redundancies which may never materialise.

 

The figure of 20k to 30k also sounds extremely high to me. Most redundancy payments (and even payments for serious unfair dismissal or discrimination cases) are nowhere near that. You can get an idea by using the statutory redundancy pay calculator here: https://www.gov.uk/calculate-your-redundancy-pay. Many companies will offer a bit more than statutory redundancy, but usually not much more.

 

I basically agree with your approach. However I do not think you should put all your cards on the table in the initial letter, as the letter could come back to haunt you later. I suggest writing a simple letter just stating that you have ongoing health problems and would like to have a meeting to discuss these. At this meeting you can explore whether it is possible for the employer to make any adjustments and whether there is any possibility of a retirement package or waiving the notice period.

 

You would usually get paid for accrued leave in your final paypacket. The usual notice period for employees is 1 week, but employment contracts often state longer.

[Emmzzi]

We've been through all this before and you were firm in your decision. What changed your mind? I can;t see any different circumstances except more ill thought out advice from your as ever unreliable union.

[robinsky]

I see what you mean. Yes, I believed the pay off was definitely worth consideration but I am not going to return there under any other circumstances. I'd be quite happy to return temporarily for the pay off, considering its value, but I only have union word for it and they have behaved, like work, very poorly towards me. I have no intent to return though and I believe a meeting with my employers is beneficial to me to sort out my future, e.g. Retirement package or waiving notice etc. I do believe I am entitled to that leave now because I have worked the full year since the last year and May 1st is officially the beginning of the new leave year.

 

To be honest, my health has been vastly affected by this episode and I do not see myself going back there, particularly if the redundancies are unlikely to happen. The conditions are intolerable. In regards to the letter, I said that I was looking at the possibility of returning if there was going to be a possibility of the programme being relaunched (redundancy). Yes I agree I do need to arrange a meeting with my employer in order to agree my future. I can tend to notice hopefully through my leave and hope I only have to give a month. This whole sorry episode has been dragging on for three months now and is absolutely ridiculous.

 

The best option now, I believe, is to have the meeting and then hopefully, my future will take shape, preferably away from my current job. Thanks for the advice, everybody.

[robinsky]

Hello,

 

Hopefully this will be my last post on this matter and that I can move on, finally. I need some advice on a few things.

 

1) I have asked about the redundancy package and work have said there is no plans for VERS to be reinstigated. Therefore, that leaves me with just one decision to make.

 

2) Once I have completed my letter of resignation, I would need to be paid for any holiday I have accrued. Since the new leave year has begun at the beginning of May, I would get my annual allowance of 30 days. Is this correct? I still have days from last year that were not used. Can I use this leave to cover any notice period and still get paid for it?

 

Many Thanks for your help

 

Robin

[ssparks2003]

Not sure that i follow your statement in point 2, if the new holiday year starts 1st may then currently you are entitled to 30 day prorated for the 7 days of May plus your notice period only.

 

It reads that you are asking if you have already accrued 30 days holiday.

[robinsky]

ssparks2003, I have been off sick since February and my sick is due to run out on Friday, barring a visit to my GP. Can you explain what you mean when you say I am entitled to 30 days pro-rated for the 7 days of May and notice period, as I do not understand. Sorry for being thick. I take it I would be paid for my sick up until now? Work have said I would be paid for accrued days from last year as I hadn't had a chance to use them, due to my sick etc. Therefore, how do I calculate my leave I am entitled to?

 

I'll be honest and say I do not want to go back to the workplace, but I guess if I had to work out my notice, I'd have no choice?

[ssparks2003]

My appoligies i had not read your previous threads, i though you were refering to holiday year 2014-15 rather than 2013-14

[robinsky]

My appoligies i had not read your previous threads, i though you were refering to holiday year 2014-15 rather than 2013-14

 

Thanks - I should get paid for my sick, up until now and have been told I will be paid for holiday accrued from last year, which I have been unable to take (about 4.5 days, I think).

 

Therefore, I work that out to be up until the 9th May for the sick (when it runs out officially, dependant on my visit to the GP, later today).

 

I have had enough of this whole thing now and my union and work have been utterly useless - if my GP signs me off for any further sick because of my fissure, which I think they should do, due to the intense and unpredictable nature of the symptoms, then I'm going to use the sick leave, because that will mean genuine extra pay and then after that, hand in my letter of resignation, more than likely, but we'll just have to see how things transpire.

 

Thanks Again,

Robin

[Werewolf]

Hi, I've read all your threads and just wanted to ask if you work for Remploy?

[robinsky]

Hi, I've read all your threads and just wanted to ask if you work for Remploy?

 

No I work for the Civil Service.

[Werewolf]

OK. apologies for my last deleted comment.

But here is a question - Why have you posted questions for 3 years about how you want to leave your job, but never do. And always come back posting new angles about how your job is terrible and how you must leave it, but a few weeks later, wow - you are still in the same job?

 

I'm just fascinated why you always post the same thing, get advice on it, never do anything about it. What's the deal?

Edited May 12, 2014 by ims21

[robinsky]

OK. apologies for my last deleted comment.

But here is a question - Why have you posted questions for 3 years about how you want to leave your job, but never do. And always come back posting new angles about how your job is terrible and how you must leave it, but a few weeks later, wow - you are still in the same job?

 

I'm just fascinated why you always post the same thing, get advice on it, never do anything about it. What's the deal?

 

Hi Werewolf - I don't know what happened with the deleted post, but anyways, to answer your question, I think I was kidding myself that things would get better and foolishly didn't listen to the advice of people who obviously knew better than I did.

 

I can assure you I am doing something about it now - I am quitting my job - they don't care about me and this investigation has been going on for FOUR months. FOUR months! Surely investigations can only go on for so long before they become obsolete?

 

Sorry to hear about your problems, mate. I hope they get better for you. All I can say to everyone is that I am in the process of leaving now and screwing them for as much money as I can as I am still on sick leave - all they can do now is fire me - I've still got my medical condition which prevents me from working, anyways.

 

They've seriously let me down as have my union and it doesn't take four months to resolve an investigation, regardless of what anyone says - I'm thinking of looking at constructive dismissal but need more advice on this matter. I'm going to go for them, all guns blazing, now.

 

To everyone --> Thank you for your advice over the past few years - it has been invaluable and as I said, I was kidding myself that things were going to get better but they didn't and now, I know better. I've done ten years there so absolutely nothing to be ashamed of!

Edited May 12, 2014 by ims21

[Werewolf]

Robin - if you actually leave your job tomorrow I'll give you £500. Forget about the possibility or redundancy or coming off the sick, etc. DO IT. It's clear your job is killing you yet you still feel impotent to cut the ties. I don't know why. It's clear you don't know why either.... But my bet stands.

[robinsky]

Robin - if you actually leave your job tomorrow I'll give you £500. Forget about the possibility or redundancy or coming off the sick, etc. DO IT. It's clear your job is killing you yet you still feel impotent to cut the ties. I don't know why. It's clear you don't know why either.... But my bet stands.

 

I like to bet Werewolf, but not in this case. Believe me, if I could quit my job tomorrow, I would. I've forgotten about redundancy, but surely the sick leave pay would be beneficial? Or am I barking? I want to cut all ties with my job. I owe them nothing and to be frank, got very little from them in return in the ten years that I was there, slaving away and being treated like rubbish. Also, I want to take them to the cleaners as there's so much I can use against them, too. I had a feeling this may end non-amicably, but it isn't my problem, anymore.

[robinsky]

Hey Werewolf - I can fully assure you my job does exist. I am also aware of the fact that I might have a personality disorder as well. I wouldn't deny that if I had one, because I would want to get help and from what I understand about them, they affect people who are afraid to express their feelings and become attached to people. Sounds like me, but I have an idea where that stems from, but I'm not sure this is the best place to talk about that, but I've come to accept who I am in the mean time. Your support is invaluable, Werewolf, as has everyone's been. I can promise you, I do promise honestly, that I am doing everything within my power to get out of this job. However, am I doing wrong by trying to screw them and taking them to the cleaners? I haven't been treated right, so surely I am due some damages or something along those types of line?

[Werewolf]

In my humble opinion you should take them to the cleaners. You've been working in this job for over ten years. Hold out for a big pay off.

I'm sorry if I sounded rude, but I was just trying to get to the truth of your issue.

You sound like a good person, and if there's anything I can do to help you I'll do my best. (I'm unemployed and trying to live on JSA spectacularly badly at the moment), but if I can help you I will.

Be well.

Wx

Edited May 12, 2014 by ims21

[robinsky]

Hey Werewolf - I want to take them to the cleaners, believe me. I've been messed around so badly by them in the past few months, I really have. This has been going on since the best part of January 12 so tomorrow will be officially FOUR months since the event. I'm certain that investigations can only go on for so long before they become obsolete - FOUR months is too long.

 

Would I get a big pay off though because I've been told redundancies aren't happening now?

 

No way were you rude - I'm fully aware I'm different in the respect I don't do well in social circles and have trouble coming to terms with feelings, but as discussed, not the best place to go into detail, though I have a good idea where it stems from.

 

Sorry to hear that you are unemployed and living on JSA - I know what that is like - I'm sure in time, our issues will sort themselves out. Thanks for your support - I fully appreciate the help.

Just waiting for a response from work and whilst I have this medical condition, I can't go back anyway. As I say, I owe them nothing and finally realize how rubbish I've been treated.

 

Onto new ventures now and things there are never going to improve now - when redundancies came up, I should have taken the option then - I deeply regret that now as that would have been a considerable pay off. An opportunity missed. I could have had the best part of about £14k but I'm going to look into the possibility of constructive dismissal now because work are just not keeping their promises etc. and I'm almost certain that an investigation should not have gone on for four months, they told me I would not lose my job and that it was not that serious so why is it being labelled 'serious misconduct.' They haven't got a clue. NOT A CLUE! They're shooting themselves in the foot.

 

Might need some legal advice now on the whole thing!

[Werewolf]

I think you'll feel a whole lot better if you just walk away from the whole situation. Get what money you can, under advice, and just walk away.

Start your future now. Yes?

Edited May 12, 2014 by ims21

[robinsky]

I think you'll feel a whole lot better if you just walk away from the whole situation. Get what money you can, under advice, and just walk away.

Start your future now. Yes?

 

Yeah once I leave, the better. It will be a very sombre feeling at first, but will get better and then I can really plan my future - I just wish I could have taken the redundancies when they first came up. I really wanted to as a pay off of £14k would have been a very nice pay off indeed. As I say, I think I kidded myself for too long that things were getting better, then with the news that no pay rise for ten years, no promotion benefits etc. and basically working under poor conditions meant there was no room for personal growth. Yeah, I want to take them for every penny and I think now, I have a good case. If they gave two, they would have sorted this a long time before now. Its absolutely ridiculous. Thanks for your support. Best, Robin

Edited May 12, 2014 by ims21