jasper3 Posted October 26, 2012 Report Share Posted October 26, 2012 I'm resisting the temptation to take any time off sick - so far my sickness record is 100% - I've never taken time off sick from the company. ...even when I got signed off for two weeks with back pain, I still came to work because we were so busy. Other people have been taking time off sick - I haven't seen one guy in my team for weeks! with the greatest respect...... what the hell are you loosing by taking some sick time...you are being treated like a **** by a company who don't give a **** about you..believe me I would be one of the 1st to moan about sicko's who take time off for nothing..but your case is different..your company is turning against you.... Quote Link to comment Share on other sites More sharing options...
rabbiter Posted October 26, 2012 Report Share Posted October 26, 2012 why dont you take up one of the job offers youve had mate? Quote Link to comment Share on other sites More sharing options...
gemini52 Posted October 26, 2012 Report Share Posted October 26, 2012 They dont care about you or your future, so do what they pay you for nothing more nothing less, simple. Quote Link to comment Share on other sites More sharing options...
Rupert Posted October 26, 2012 Report Share Posted October 26, 2012 Get signed off with stress then go approach the outsourcer as a "consultant" Quote Link to comment Share on other sites More sharing options...
HDAV Posted October 26, 2012 Report Share Posted October 26, 2012 Get signed off with stress then go approach the outsourcer as a "consultant" Why get signed off? Just do your time, write to the "outsourcer" offering your services as a consultant, home based on what ever the going rate is + Charge mileage for anything "on site" all they can say is "no" get your contract checked by a lawyer (a good one that charges money) and all the luck for the future. Quote Link to comment Share on other sites More sharing options...
GingerCat Posted October 26, 2012 Report Share Posted October 26, 2012 I really feel for you here mate, I've been through similar poo when younger and might be able to give you a heads up... Here goes... 1. You will only get two types of reference, a standard One or a a crappy reply refusing to give u one, it is against the law (believe it or not) to give you a bad one..2. You can have all the time off u like, it will make not one jot of difference to your reference. Well this can't be right can it ,I didn't think so for years, however the better half is pa to the head of hr and has been in that for years, her word is qualified and (sometimes law in our house which is painful) the time off u have is not mentioned in a referernce, when I asked for proof I was shown a standard.reply ( from a top law firm I n the city) which was as bland as hell saying x worked for us from y to z and was ok her recent firm is similar, they can't mention time off or similar,my advice is have.it off and get a new.job. pm me if u got a question. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted October 26, 2012 Report Share Posted October 26, 2012 (edited) I seem to recall that working whilst signed off sick is a big no-no,if you were to have an accident you would not be covered by the companies insurance because,in your doctors opinion,you are not fit to work.As for overtime,a company can force you to do overtime if it can prove that by not doing so you are damaging the companies profitability,however,I doubt that ,if you are not being paid,you are insured to be at work. Edited October 26, 2012 by bruno22rf Quote Link to comment Share on other sites More sharing options...
GingerCat Posted October 26, 2012 Report Share Posted October 26, 2012 As above, working whilst off sick is a no no due to insurance, working when forced to and not paid is (apart from the armed forces and emergency services) often referred to as slavery. Quote Link to comment Share on other sites More sharing options...
matone Posted October 26, 2012 Report Share Posted October 26, 2012 Have a recurrance of the old back trouble,no one can do anything in the timescale of your notice........ Quote Link to comment Share on other sites More sharing options...
Rupert Posted October 26, 2012 Report Share Posted October 26, 2012 Why get signed off? Just do your time, write to the "outsourcer" offering your services as a consultant, home based on what ever the going rate is + Charge mileage for anything "on site" all they can say is "no" get your contract checked by a lawyer (a good one that charges money) and all the luck for the future. The sign off was to aggravate the current employer and muddy the hand over. As above, working whilst off sick is a no no due to insurance, working when forced to and not paid is (apart from the armed forces and emergency services) often referred to as slavery. I did nt say it,but i ment become a contractor after the employment ended. Im very poor at typing. Quote Link to comment Share on other sites More sharing options...
Eskoky Posted October 26, 2012 Report Share Posted October 26, 2012 Mikaveli - In my opinion resigning was the wrong thing for you to have done. I am guessing when your company outsourced your department the contracting company offered you a position in accordance with TUPE regulations. This means that you transfer to the new company under the same terms and conditions as your existing job. Under TUPE there is a section that deals with substantial changes in working conditions - making you drive an additional 18 hours is in effect a substantial change and you could have claimed "dismissal." This would have given you the option to start a tribunal case for unfair dismissal and I would have thought you could have negotiated a settlement. TUPE is fraught with difficulty and very difficult for an employer to get right. Whilst you are still employed it may be worth your while in seeking legal advice - or at least read up about TUPE. I am guessing this is what happened - I don't have all the facts. Did you have anyone explain this to you? Were you consulted on this, or were you consulted on redundancy? Quote Link to comment Share on other sites More sharing options...
fern01 Posted October 26, 2012 Report Share Posted October 26, 2012 Get signed off with stress then go approach the outsourcer as a "consultant" This will be a bad idea when you next apply for your SGC renewal. Quote Link to comment Share on other sites More sharing options...
mikky Posted October 26, 2012 Report Share Posted October 26, 2012 (edited) Get signed off with stress then go approach the outsourcer as a "consultant" dont get stress on your medical record...no more guns ..pulled muscle in your back/trapped nerve mikky Edited October 26, 2012 by mikky Quote Link to comment Share on other sites More sharing options...
armsid Posted October 26, 2012 Report Share Posted October 26, 2012 (edited) surely the company must stick to some sort of guidlines?try acas technically if they outsource your job and it isnot viable to travell does this not come under redundancy? Edited October 26, 2012 by armsid Quote Link to comment Share on other sites More sharing options...
paul65 Posted October 26, 2012 Report Share Posted October 26, 2012 surely the company must stick to some sort of guidlines?try acas technically if they outsource your job and it isnot viable to travell does this not come under redundancy? Yes it does come under redundancy. Been there, done that. Unfortunately, resigning may have weakened the position here. Quote Link to comment Share on other sites More sharing options...
Mikaveli Posted October 27, 2012 Author Report Share Posted October 27, 2012 Mikaveli - In my opinion resigning was the wrong thing for you to have done. I am guessing when your company outsourced your department the contracting company offered you a position in accordance with TUPE regulations. This means that you transfer to the new company under the same terms and conditions as your existing job. Under TUPE there is a section that deals with substantial changes in working conditions - making you drive an additional 18 hours is in effect a substantial change and you could have claimed "dismissal." This would have given you the option to start a tribunal case for unfair dismissal and I would have thought you could have negotiated a settlement. TUPE is fraught with difficulty and very difficult for an employer to get right. Whilst you are still employed it may be worth your while in seeking legal advice - or at least read up about TUPE. I am guessing this is what happened - I don't have all the facts. Did you have anyone explain this to you? Were you consulted on this, or were you consulted on redundancy? The company is claiming the standard ETO defense - so not offering redundancy. Whilst I personally believe their interpretation is sketchy, it may be difficult to prove otherwise if it went to a tribunal. So my choice was either object - no cash or job - or transfer - 18 hours commute, plus cost of trains etc. If I just opted out, instead of resigning, my noticed would have finished just before Christmas - just when most big companies are having their shutdowns etc. Except for seasonal work, it's never a good time to look for a job. why dont you take up one of the job offers youve had mate? I've accepted one of the job offers. That's one reason why I don't want to stuff up my reference / sickness record etc. Quote Link to comment Share on other sites More sharing options...
Eskoky Posted October 27, 2012 Report Share Posted October 27, 2012 The company is claiming the standard ETO defense - so not offering redundancy. Whilst I personally believe their interpretation is sketchy, it may be difficult to prove otherwise if it went to a tribunal. So my choice was either object - no cash or job - or transfer - 18 hours commute, plus cost of trains etc. If I just opted out, instead of resigning, my noticed would have finished just before Christmas - just when most big companies are having their shutdowns etc. Except for seasonal work, it's never a good time to look for a job. I think you are right that ETO is a very flimsy excuse - have a read of this article - click here. This is a summary of a recent case very similar to your situation. These employees were asked to travel an extra 6 miles a day only and even though their existing contracts had a location clause in it, the tribunal still found that this extra journey to work was a material detriment to them. My point is that you have resigned due to these circumstances, in effect constructive dismissal, ask them for a settlement and leave on Monday with pay until at least Christmas (more if you are entitled.) You sacrifice a reference - but would it be worth 2 or 3 months extra pay? Are you entitled to redundancy? Quote Link to comment Share on other sites More sharing options...
Mungler Posted October 27, 2012 Report Share Posted October 27, 2012 Couple of points: 1. No employer gives anything other than the standard two line reference 2. Going off sick or claiming stress is as old as the hills and your new employer won't think highly of you for it 3. If your re-employment looks like a problem then see a brief. The fundamental of employment law is the duty to mitigate. If you have a plan B and are getting on with it then any benefit in claiming is probably marginal Keep smiling, do as little as possible and let everyone around you know that you are moving onto better things. If you think management are taking liberties now, it's probably only because they know you won't push back Quote Link to comment Share on other sites More sharing options...
Sha Bu Le Posted October 27, 2012 Report Share Posted October 27, 2012 Unfortunatley, I suspect that they have you by the googlies as your contract will probably have a general clause that says "and any other duty as reasonably required by the company" refusing a reasonable request could lead to discaplinary action, loss of job and a reference that states you were dismissed. Unless the company are a total bunch of muppets they would have run the contracts past a lawyer so I suspect Uncle could well be correct. Question is what is reasonable? Also agree with Muggins re references. As you have resigned there will be no financial handshake........so could be a case of severe seasonal spew flu with complications. (provided you have a sympathetic quack Then no one gets anything, pathetic I know but companies should have a duty of care towards their employees, not so these days. Who can blame the stung for stinging back? Quote Link to comment Share on other sites More sharing options...
Dougy Posted October 29, 2012 Report Share Posted October 29, 2012 Couple of points: 2. Going off sick or claiming stress is as old as the hills and your new employer won't think highly of you for it Mung, does it really matter if you throw in the sick card the guy may of had 100% attendance record for god knows how long. Then as per usuall these days the loyalty card from the employer gets thrown out of the window because it decides it can save some money, yet still pay the management stupid wage rises each year. I am afraid in this day and age its look after # 1 and sage and onion to the rest. Any new empoyer will see through the C$%& if the guy has someting to offer them, they will take him on. How many comanies now beg for people to stay due to there input to a company, will the company keep on trading manufacturing whatever of course they will, i say stick it up em.. We all work for ourselves to earn money to live, what we dont do is live to work. Quote Link to comment Share on other sites More sharing options...
Mikaveli Posted October 29, 2012 Author Report Share Posted October 29, 2012 Mung, does it really matter if you throw in the sick card the guy may of had 100% attendance record for god knows how long. Then as per usuall these days the loyalty card from the employer gets thrown out of the window because it decides it can save some money, yet still pay the management stupid wage rises each year. I am afraid in this day and age its look after # 1 and sage and onion to the rest. Any new empoyer will see through the C$%& if the guy has someting to offer them, they will take him on. How many comanies now beg for people to stay due to there input to a company, will the company keep on trading manufacturing whatever of course they will, i say stick it up em.. We all work for ourselves to earn money to live, what we dont do is live to work. Well, I am spending a lot of time on PW. Viva la revolution! Quote Link to comment Share on other sites More sharing options...
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