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Return To Work

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  • Return To Work

    Hi
    I have posted before about my issues but basically, I just wanted some advice on issues which are concerning me, right now, as I don't know what to do for the best.

    1) I have been off work for the majority of the year with a debilitating illness - am I to understand sick leave (fit note) would cover any annual leave that could potentially be taken? For example, over christmas, employees would be expected to use annual leave but would my current sick note mean I don't need to use it and can use it when I go back to work or carry it over if I don't return to work within the annual leave year?

    2) When I returned to work in July, I had been off work for four months solid. However, I was being picked on for silly things and got frustrated and whilst admittedly was inadvisable, I did moan about a colleague behind her back. However, I was under the impression that when you return to work, people are supposed to be sympathetic to your cause, especially if you've been off work for months on end and suffering with illness, which I was. However, this colleague made my life difficult and wasn't very accommodating when I returned and admitted as such when she threatened to make a complaint against me, which I felt was unfair as there were mitigating circumstances. For example a) the opening hours were changed without proper negotiations b) I was picked on because a parcel had been taken into the office which shouldn't have been (it had been mislabelled) c) Magazines that arrived at the front of house weren't picked up and they cannot indefinitely hold onto items - however, I said I was in the middle of an important project and would be over as soon as I'd finished - was I being unreasonable? d) The redirection of mail hadn't been completed and I decided to leave it until later as it wasn't a great priority but it would always have been done within a reasonable time scale (e.g. 24 hours) - also, when I returned from holidays once, I found a whole pile of redirected mail which hadn't been done - I find this hypocritical if they put such a high value on people getting their mail promptly.

    3) Basically, if I decided to quit my job, am I right in thinking I would be entitled to any outstanding holiday pay up until this point? I take it that any sick leave, fit notes, would adequately cover the time I had been off? Also, what are the rules in regards to notice pay? Would I be entitled to any? I have worked in my company since the 8 Sep 2003.

    4) I was the subject of an investigation into comments allegedly made by myself on Face Book this year and despite my protests, they found me guilty and issued me with a first warning which I felt was unfair, especially since the officer investigating said, regardless if I had written such comments, that I had done nothing wrong and this was down to the other two people in the conversation, whom I supposedly had this conversation with. Also, my union said there was nothing in the comments, either. Even the person who made the ultimate decision on the penalty said I didn't make the more colourful comments - their basis for the penalty was that I retracted my original apology and said there was nothing to it, which was my opinion. Sounds like to me they were scraping the barrel and trying to be seen to do the right thing - it didn't help the complainant's parents also worked at the organisation, so how would I know if there had been any internal influence? That would suggest that the investigation could potentially have been compromised. I feel because of this that I've kind of lost my reputation at my workplace and that I see no real option but to leave and find a position elsewhere. To be honest, the job was going downhill anyway and had no real sense of direction anymore.

    Any advice on the above appreciated as I need to know what to do next.

    Thanks.
    Tags: None

  • #2
    Re: Return To Work

    Originally posted by rtbm View Post
    Hi
    I have posted before about my issues but basically, I just wanted some advice on issues which are concerning me, right now, as I don't know what to do for the best.

    1) I have been off work for the majority of the year with a debilitating illness - am I to understand sick leave (fit note) would cover any annual leave that could potentially be taken? For example, over christmas, employees would be expected to use annual leave but would my current sick note mean I don't need to use it and can use it when I go back to work or carry it over if I don't return to work within the annual leave year?

    Even though your on sick leave your still accruing holiday entitlement. So yes your allowed to take your holiday entitlement whereby they pay you your standard wage for the days you have as holiday - Subject to what your contract states about carrying over your holiday entitlement from previous year to the next, you may or may not be allowed to carry over your holidays.

    2) When I returned to work in July, I had been off work for four months solid. However, I was being picked on for silly things and got frustrated and whilst admittedly was inadvisable, I did moan about a colleague behind her back. However, I was under the impression that when you return to work, people are supposed to be sympathetic to your cause, especially if you've been off work for months on end and suffering with illness, which I was. However, this colleague made my life difficult and wasn't very accommodating when I returned and admitted as such when she threatened to make a complaint against me, which I felt was unfair as there were mitigating circumstances. For example a) the opening hours were changed without proper negotiations b) I was picked on because a parcel had been taken into the office which shouldn't have been (it had been mislabelled) c) Magazines that arrived at the front of house weren't picked up and they cannot indefinitely hold onto items - however, I said I was in the middle of an important project and would be over as soon as I'd finished - was I being unreasonable? d) The redirection of mail hadn't been completed and I decided to leave it until later as it wasn't a great priority but it would always have been done within a reasonable time scale (e.g. 24 hours) - also, when I returned from holidays once, I found a whole pile of redirected mail which hadn't been done - I find this hypocritical if they put such a high value on people getting their mail promptly.

    There is no legal requirement for your colleagues to be sympathetic towards you! That's just wishful thinking on your part am afraid. Your employer on the other hand, does have a legal requirement to make reasonable adjustments to help your return to work! The employer also has a duty of care under contract to protect you from bullying and harassment, if your colleagues actions amounted to that! Only way to find out would be give more details as to what happened, what was said, tone towards you etc and being honest about it and not making it sound worse than it was!

    3) Basically, if I decided to quit my job, am I right in thinking I would be entitled to any outstanding holiday pay up until this point? I take it that any sick leave, fit notes, would adequately cover the time I had been off? Also, what are the rules in regards to notice pay? Would I be entitled to any? I have worked in my company since the 8 Sep 2003.

    If you quit your job now, you would be entitled to pay for accrued holidays not yet taken, plus any notice pay and any others monies due but not yet paid!

    4) I was the subject of an investigation into comments allegedly made by myself on Face Book this year and despite my protests, they found me guilty and issued me with a first warning which I felt was unfair, especially since the officer investigating said, regardless if I had written such comments, that I had done nothing wrong and this was down to the other two people in the conversation, whom I supposedly had this conversation with. Also, my union said there was nothing in the comments, either. Even the person who made the ultimate decision on the penalty said I didn't make the more colourful comments - their basis for the penalty was that I retracted my original apology and said there was nothing to it, which was my opinion. Sounds like to me they were scraping the barrel and trying to be seen to do the right thing - it didn't help the complainant's parents also worked at the organisation, so how would I know if there had been any internal influence? That would suggest that the investigation could potentially have been compromised. I feel because of this that I've kind of lost my reputation at my workplace and that I see no real option but to leave and find a position elsewhere. To be honest, the job was going downhill anyway and had no real sense of direction anymore.

    Not able to comment on this bit without reading the post or related comments made on facebook!

    Any advice on the above appreciated as I need to know what to do next.

    Thanks.
    See above!
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Return To Work

      Thanks teaboy2 for getting back to me - much appreciated.

      Comment

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