Urgent advice needed - wages

[animal_lover]

Hi, I couldn't speak to anyone from the CAB as they were closed due to lack of staff. So there not open now till Monday i'll try and go then depending on how i'm feeling.

 

I meant to add before that Disability Right have also said that sickess for my disability should be recorded down different to other illnesses and they aven't so i've had two written warnings and two disaplinarys basiclly when i shouldn't off maybe that's something i can put in the letter.

[animal_lover]

I've just spoke to work to let them now i've got a sicknote for 4 weeks and the one who hasn't spoken to me since mid july. said when she comes in tomorrow where gonna sit down together and sort out my wages and sort out so i will have something proper to eat tomorrow. Coming along all nice saying fair enough i gave it to my other line manager but it should of been given to her. blah blah I really feel terrible but with money problems the way they are because of it i had to say i'll do my normal shift tomorrow just to sort it out. It's a shame as i really wanted to get them for it aswell but also glad it's getting sorted.

[animal_lover]

I went in this morning feeling like crap and had to do a back to work form it asks if your fit to return to work i explained to one of the managers about my situation. and he basically told me it was my fault and it's not something to be off with. Anyway i went onto the shop floor and one of my friends asked me if i was ok i said i wasn't and she shouted at me telling me to go and find personnel or the store manager and tell them so i did and the looks they give me as they think it's just a migraine and it isn't anyway i get my things and i spoke to the assistant manager saying i'm gonna hand in my resignation as i don't feel like i can work for a company who i feel doesn't believe that i am genuinley ill especially when they have my medical records aswell to prove. so he told me it wasn't that people don't believe that i'm ill it's just that i've had alot of time off so he took it as my verbal resignation and that he was gonna send a letter out and give me some time to think about it.

 

So my wages hasn't been sorted as i went before she came in, I don't know when's the best time to ring her as i don't think i'll be going back and i get paid on next Friday so it needs to be done A.S.A.P but i know she won't be happy with me. Any thoughts?

Edited August 29, 2008 by animal_lover
added

[gemspan]

Hi Animal Lover

 

I thought you had a sick note for 4 weeks? What were you doing in work today? They have absolutely no right to have you in to work when you are signed unfit by a doctor. They could get into serious trouble for that.

 

At this precise moment in time I dont think that you are in any fit state to say whether you will resign or stay - because you are ill!!! If they are leaning on you and advising you otherwise then you must stay off work until you are better.

 

Did you send your letter? You need to get your wages sorted out forthwith and that means they have to get up off their backsides and do what they are being paid to do and that is manage effectively!!

 

Lets look at the facts here. When you got the job the company knew you had this illness. This illness is recognised under the current disability laws and your time off sick should be recorded separately. They havent done this. They are harrassing you which will only make things worse for you, healthwise!!! YOu have a sick note. They should be sorting your salary out toot sweet! If they need you to go in to help them sort it out, go in for the meeting, not for a shift. You are unable to work through illness.

 

Draft a letter advising all the hours you work and the hours you were paid for. The remaining hours have been unpaid and they owe you £X. Even if you have to hand-deliver the letter or get somebody else to deliver it for you, make sure they get it and the wages thing is sorted out immediately.

 

This is absolutely disgusting treatment of an employee - especially one with health problems.

 

Good luck. Keep your chin up. I know its not easy when you have no money etc., but start to get more assertive with them.

 

Kind rgards

Gemspan

[animal_lover]

Hi gemspan,

 

what happened was i rang work Thursday night to let them know i had a sicknote and that i wouldn't be back for 3 weeks (as it was backdated to the first day i was off which was last Friday) and explained why. She said that she had my wages in front on her and needed me to sign a form to get it sorted. But as she wasn't in till 1pm she told me to come in and do my normal shift and as soon as she came in we would sit down and go through it. But it was upto me if i wanted to do that which i agreed to do as i need to get it sorted plus when she asked me my head was spinning and i couldn't think straight.

But i think she knew i couldn't say no and the fact it would look bad on me that the reason why i'm off is because i've no money and saying no to going in to do my shift which would lead to me sorting it out.

 

So i went in feeling and probably looking like crap and i had to fill in a back to work form, I explained to one of the managers about why i was back in and that i had a sicknote and that i wasn't ready to return but he just looked at me and basically said it was my fault and when i said i had a sicknote for 4 weeks but told him i wouldn't be off that long he said i should hope not (now isn't that supportive). That's when i started to know i couldn't do it anymore anyway i went onto the shop floor and my friend asked me if i was ok i said i wasn't and she shouted at me telling me to go and find personnel or the store manager and tell them so i did and the looks they give me as they probably think i'm making it up and that it's probably just a migraine anyway i went through it all again about talking to my manager the previous night, why i was in, what was wrong etc.... and they said they would tell my manager to ring when she came in but she never did.When i said to the assistant manager about my wages being off he looked at me and said well you have had alot of time off. That's when i knew for definate i couldn't stay there any longer. As i was on my way out i spoke to the assistant manager again and said i'm gonna hand in my resignation as i don't feel like i can work for a company who i feel doesn't believe that i am genuinely ill especially when they have my medical records aswell to prove it. so he told me it wasn't that people don't believe that i'm ill it's just that i've had alot of time off so he took it as my verbal resignation and that he was gonna send a letter out and give me some time to think about it. I asked him if he wanted my sicknote just in case as my manager said as it hasn't been declared yet that it won't made a difference about me being off for my last shift i just wouldn't get paid my wages ofr it or SSP.

 

Whenever i mentioned about the problems i was having and about how i felt he just kept saying it was upto me and that he wouldn't say do this or do that as it depends on what i wont and he also said it seems to me you know what you want your just not 100% sure so you can either write your notice now or wait till i send you the letter out asking you to confirm. He was really nice about it but that doesn't suprise me.

 

I haven't sent the letter in yet as i'm waiting for them to give me the list of all the hours put through so i know i've put it down right. She said i need to sign a form for her to look into it so if i sign the letter i'm sending in will that be enough. When i was talking to her aswell she basically told me it was my fault my wages wasn't sorted as i didn't go to her about it so i told her i did and in April you told me it was sorted she said i should of reminded her as she isn't a mindreader. But thinking about it afterwards i realised when we got paid after she said she had sorted it i was actually off with a sicknote that's why i never mentioned it to her then when i did return she was on holiday that's why i went to my other manager who kept telling me he would sort it and never did.

 

And would you believe i actually recieved the letter confirming my verbal resignation this morning, it's amazing how they did that quick but yet after 6 months i still haven't had my wages sorted. I got to put it in writing and send it back by the 2nd September or ring if i change my mind.

 

I really don't know what to do, I don't wamt to go back but if my mum and dad found out that i had just left before finding another job (i live in my own flat) they would kill me.

 

What do you think i should do?

 

Thanks

 

Animal_lover

Edited August 30, 2008 by animal_lover
added to post

[gemspan]

Hi gemspan,

 

what happened was i rang work Thursday night to let them know i had a sicknote and that i wouldn't be back for 3 weeks (as it was backdated to the first day i was off which was last Friday) and explained why. She said that she had my wages in front on her and needed me to sign a form to get it sorted. But as she wasn't in till 1pm she told me to come in and do my normal shift and as soon as she came in we would sit down and go through it. But it was upto me if i wanted to do that which i agreed to do as i need to get it sorted plus when she asked me my head was spinning and i couldn't think straight.

But i think she knew i couldn't say no and the fact it would look bad on me that the reason why i'm off is because i've no money and saying no to going in to do my shift which would lead to me sorting it out.

 

First of all Animal Lover you have a sick note. You are not fit to work. She should not have asked you to come in and "work" your normal shift because you have a sick note to confirm you are unfit to work. This is a very serious matter as you will see from my second comment. She should have arranged a specific time for you to come in and have a chat with her on a one to one basis to go through your wages and sort it out. She should not be asking you to come in to do a "normal shift" when you are ill.

 

So i went in feeling and probably looking like crap and i had to fill in a back to work form, I explained to one of the managers about why i was back in and that i had a sicknote and that i wasn't ready to return but he just looked at me and basically said it was my fault and when i said i had a sicknote for 4 weeks but told him i wouldn't be off that long he said i should hope not (now isn't that supportive). That's when i started to know i couldn't do it anymore anyway i went onto the shop floor and my friend asked me if i was ok i said i wasn't and she shouted at me telling me to go and find personnel or the store manager and tell them so i did and the looks they give me as they probably think i'm making it up and that it's probably just a migraine anyway i went through it all again about talking to my manager the previous night, why i was in, what was wrong etc.... and they said they would tell my manager to ring when she came in but she never did.When i said to the assistant manager about my wages being off he looked at me and said well you have had alot of time off. That's when i knew for definate i couldn't stay there any longer. As i was on my way out i spoke to the assistant manager again and said i'm gonna hand in my resignation as i don't feel like i can work for a company who i feel doesn't believe that i am genuinely ill especially when they have my medical records aswell to prove it. so he told me it wasn't that people don't believe that i'm ill it's just that i've had alot of time off so he took it as my verbal resignation and that he was gonna send a letter out and give me some time to think about it. I asked him if he wanted my sicknote just in case as my manager said as it hasn't been declared yet that it won't made a difference about me being off for my last shift i just wouldn't get paid my wages ofr it or SSP.

 

This proves that you were unfit for work. The fact that you came in because you felt you were under an obligation to come in has made you worse. This is evidenced by the fact that you had to go home because you felt ill. The stress would have been a contributing factor to this!!! I will say it again, you are in no fit state to be deciding on your future at the moment. You are ill. Nobody can make a balanced decision on anything such as this when they are ill. It is my opinion that you are being harrassed. Your place of work does not believe the decision of a doctor that you are not fit for work. They are making you come in on the premise of having your wages sorted out, when you are not fit to do so.

Let me tell you this. It is not a manager's place to say he/she hopes you will not be off the full term of your sick note. If your doctor says you are unfit to work then you are unfit to work. Bearing in mind that your illness falls under the disability laws they are very much treading on thin ice here.

 

Whenever i mentioned about the problems i was having and about how i felt he just kept saying it was upto me and that he wouldn't say do this or do that as it depends on what i wont and he also said it seems to me you know what you want your just not 100% sure so you can either write your notice now or wait till i send you the letter out asking you to confirm. He was really nice about it but that doesn't suprise me.

 

Of course any employer doesnt want to have staff who are off sick all the time but, they knew your previous history when they employed you. By treating you in this way they are contravening these acts.

 

I haven't sent the letter in yet as i'm waiting for them to give me the list of all the hours put through so i know i've put it down right. She said i need to sign a form for her to look into it so if i sign the letter i'm sending in will that be enough. When i was talking to her aswell she basically told me it was my fault my wages wasn't sorted as i didn't go to her about it so i told her i did and in April you told me it was sorted she said i should of reminded her as she isn't a mindreader. But thinking about it afterwards i realised when we got paid after she said she had sorted it i was actually off with a sicknote that's why i never mentioned it to her then when i did return she was on holiday that's why i went to my other manager who kept telling me he would sort it and never did.

 

And would you believe i actually recieved the letter confirming my verbal resignation this morning, it's amazing how they did that quick but yet after 6 months i still haven't had my wages sorted. I got to put it in writing and send it back by the 2nd September or ring if i change my mind.

 

I really don't know what to do, I don't wamt to go back but if my mum and dad found out that i had just left before finding another job (i live in my own flat) they would kill me.

 

What do you think i should do?

 

Thanks

 

Animal_lover

 

I would send a letter stating the following:

 

Dear Sirs

 

Heading - ie your name

 

With reference to my employment with your organisation and the letter I received on (date) relating to the fact that you state I had verbally resigned on (date), I am now writing to you to confirm that I am currently unfit for work and have been signed off as unfit for work by the doctor. This sick note lasts until (date) and I have advised you of that fact. I am therefore in no position to make decisions relating to my future at this current time and therefore any suggestion that I will resign from my position should be discounted as I was not fit to make that decision.

 

Further, I was required to attend work on (date), when you assert that I verbally resigned, on the instruction of my line manager who asked me to come in and do my "normal shift" so that my wages could be sorted out. I therefore came to work on the understanding that my wages would be sorted out, even although I had a sick note advising that I was unfit to do so. The fact that I was unfit to work was evidenced by the fact that I had to leave and go home as I felt so unwell. I have since taken advice and have discovered that I should not have been requested to come to work my "normal shift" as I was unfit to do so as confirmed by my doctor's certificate.

 

I would like to take this opportunity to remind you that when I was offered the position with your organisation, you were advised of my medical history and you chose to employ me. The fact that I have had to take time off because of my condition should therefore come as no surprise to you. In this area, I consider that I am being harrassed and your organisation is most definitely not complying with the current regulations in relation to my disability. It is your obligation as my employer to do so.

 

Please be aware that I expect my wages to be corrected immediately and any shortfall paid to me forthwith. It is your legal obligation to ensure that an employee is paid for the hours they work. To date, you have failed to do so.

 

Please take this letter as a formal grievance on the grounds that I have not received wages for the hours I have worked for your organisation and the fact that I consider the behaviour of your managers to be harrassment which contravenes the disability regulations in the UK. I will now be seeking legal advice in relation to this matter.

 

I require this grievance to be escalated to senior management and human resources for them to investigate. I expect a representative from your organisation to contact me immediately on receipt of this letter in order that the matter of outstanding monies owed to me by way of wages can be finalised.

 

Yours sincerely

 

 

 

 

 

 

Send this letter to your line manager and copy it to head of human resources at head office. I would also contact CAB to find out your position in relation to this matter.

 

I realise this must be very distressing for you but you will feel much better when you take action to stop them harrassing you. They have treated you appallingly and they deserve to be taken to task for it.

 

I hope this works out for you. I am sure that it will. Perhaps somebody will be able to "tweek" my letter a bit to relate to the relevant disability acts.

 

Good luck

Kind regards

Gemspan

[animal_lover]

Thanks gemspan i love the letter. I'll leave it on till Monday incase anyone wants to add anything further then i will post it first thing Monday morning and see how they like that.

Should i give in my sicknote in with the letter as he said it's upto me because we wasn't sure if i would be going back or not. So then i forgot when i left.

[gemspan]

Hi there

 

Of course give your sick note. You havent left and you're not going to let them force you to leave, are you??

 

The way they have been treating you is terrible. I would definitely get on to ACAS on Monday to see where you stand re this and also the people you spoke to relating to your disability. You have to start being proactive now Animal Lover (love the name by the way - close to my heart!!!) and make sure they dont get away with this.

 

Take care. Have a good weekend!!!

 

Gemspan

[animal_lover]

No i'd rather leave when i'm ready to which is now (joke).

 

I spoke to ACAS and Disability Rights during the week, Do you mean with the new information (sorry in advance if it's a stupid question but just wanted to make sure).

 

I definately wont let them get away with it, I've had problems (before i found this site) in the past with not recieving money owed to me by previous employers one of them especially my deputy manager and i was supervisor at the time changed my hours so what i got paid was right and lost out on nearly £550 although i heard not long after i resigned he got sacked with his partner for fraud so i suppose that makes me feel abit better about it. going of point there abit but what i'm trying to say is because of that experience plus others that has made me more determined not to let my current employer away with it like i did with the others.

 

Thanks for your help. You have a good weekend to

 

Animal lover

[gemspan]

Hiya

 

I think what you have to do is to write down exactly what laws and regulations your employer are contravening in relation to disability rights. Also speak to ACAS about the wages scenario.

 

I think you have to get head office involved. I always write to the top person because you get action that way!!! Now, I am wondering whether to write a letter to your line manager advising them that you will not be tendering your resignation and letting them know you are commencing a formal grievance. Then send your HO a formal grievance letter. Actually, I thnk that would be the way to go.

 

Let me have a think about it. You're doing nothing until Monday so I've got a wee while to think.

 

Gemspan

[animal_lover]

ok great thanks

 

AL

[animal_lover]

Is this letter ok to send now, Thanks

[Dipply75]

Hi Animal Lover, am so sorry for vanishing, had a bit of s situation

 

I think gemspans letter is spot on. It makes clear that you have been signed off by a doctor, was pressured to work despite this, you do not resign (were there any witnesses to that verbal one BTW?), that you still have not been paid properly and points out the behaviour of their staff. I would send it straight to head office.

 

What concerns me is that they cannot sort out simple wages for months, cannot understand a sick note but the moment you utter the words "think I should resign" they have a letter done up and out to you in a flash?

 

My opinion only but they have done everything possible to make continued working there impossible then jump at the chance when you mention resigning - constructive dismissal.

 

As for dealing with breaches of your disability rights etc its an area I don't have too much experience in I'm afraid so I asked a friend who is a welfare rights officer. His advice was to either get a copy of your companies grievance procedure and take it to welfare rights officer to start drafting letters. They can also take the history of all this and follow it through with you. He also mentioned a 'disability questionnaire' if you have been discriminated on that way also. You fill in the first section then get your employer to complete it.

 

With this and following their greivance procedure you should be well placed for then approaching a tribunal and for breaching your rights.

 

Also be interesting to see what crap they put in these official forms!

 

Good Luck

[animal_lover]

Hi, Dipply. No there were no witnesses to my verbal resignation to be honest all i said to him was i think i'm gonna resign and got a shock when he said i'll take it as your verbal resignation but i was to in pain to care.

 

So i don't need to send it to my branch just to head office.

 

I asked i think it was ACAS and they told me i couldn't claim Constructive Dismissal as i have only been there just under 6 months.

 

Disability Right told me that they are in breach of the DDA under part 2 of the Harassment duty and Reasonable Adjustment duty.

 

Should i send a letter requesting them i hate going in that place or should i ask Head Office.

[Dipply75]

Don't worry, you should do all this in writing from now on anyway. Gemspans letter is perfect as the first stage of the grievance procedure is to make a formal complaint in writing.

 

If you haven't sent it already, send this letter to the Manager at your branch, recorded delivery. I would also send a copy to head office - make it clear it is a copy of what was sent to your manager. Then the lovely so n so has to deal with it.

 

As for the disability questionnaire - read through this link and give them a phone for the form. Fill in the bits you need to then get it off to them recorded also - lets see what they come back with (if anything).

 

DRC - Using Your Rights - Gathering evidence with a DL56 Questionnaire

 

As for your supposed 'verbal resignation' - all you said was you were thinking about it, with no witnesses how can they prove what was said?! Just you do it in writing, concentrate on your health and try not to let those buggers get you down

[animal_lover]

Thanks, Letters are sorted and i'm gonna ring DRC tomorrow morning for a form.

I'm trying not to let it bother me but i can't help it, i really wanna get them in trouble ( I know that might seem nasty) for what they have put me through and are putting me though and i keep thinking i really wanna take it to the employment tribunal a.s.a.p before they find a way of getting out of it or resolving it. If that makes any sense. even though i know i've got to go about it the way i am doing a big part of me doesn't want to resolve it even though it means getting my wages sorted until it goes to the tribunal so they get in trouble.

[Dipply75]

Thats it, bit of fighting spirit - you hang on to that. You are not being nasty, you are just standing up for yourself. The reason companies continue to treat people like this is because they get away with it so often.....it takes brave folk to teach them the lesson and you could stop this happening to someone else.

 

The problem is you are expected to fight when you really aren't up to it, and these gits know it! They deserve all they get for what they have put you through.

[gemspan]

Hi AL

 

Im so sorry I didnt get back to you. One of my dogs is very seriously ill and I had to take her to the vet. Been back and forward. Also not received email informing me you had posted again!!!

 

Have you sent the letter yet? If not then take a copy and send that with a short covering letter to HO HR Department advising them that you would like a copy of the company grievance policy as you want to make this matter official!!

 

If you have, then send a copy with the letter anyway to Head of HR. Always send it to the Head of HR. They will delegate it to somebody else but it is good they see exactly what is happening in the real world re: their staff.

 

Hope things get sorted for you.

 

Take care.

Gemspan

[animal_lover]

No probs don't worry about it. I hope your dog is ok.

 

I've got the letter ready to send and i always say to myself at night i'm gonna post it tomorrow and then when it comes i never feel well enough. they wanted me to reply by yesturday (2nd) supposedly giving me enough time to think about it and send it in in writing/phone to say i wasn't tending my resignation. I only recieved the letter on Saturday. Anyway i'll do the covering letter and put it in to post if not tomorrow definately Friday. I get paid then i hope i don't have the same problems otherwise i will be up s**t street without a paddle ( I don't know why but i really like saying that lol)

 

Thanks

 

AL

[animal_lover]

Just a 3 quick questions would HR be able to give me or get me the list of all my hours that have been put through the system so i can make sure i get what i'm owed.

also some of the hours from when i first started where at a lower rate to what i'm on now will they be put through at my current hourly rate or from what it was then. and lastly if my wages are wrong again tomorrow and i get a meeting arranged to sort it out would that affect my hopefully eventual claim to the ET.

 

I've rang DRC twice today and both times they said they were gonna E-mail the questionaire to me and both times i've never recieved it. So i'm gonna ring up again in the morning and see if they will just post it as it will be alot quicker lol

[animal_lover]

I've found the questionaire on the DRC website. it's just finished printing so i'm gonna have a look through and hopefully post it off tomorrow with my letter of complaint.

 

AL

[gemspan]

Hi AL

 

HR will investigate what you are saying and they have the authority to get all the relevant information in order to sort this out for you. I would imagine that you will be paid backdated pay at the rate you were being paid at that time. If you have to arrange a meeting after all the trouble you have been through to try and get this sorted out, I wouldn't think that would go against you for an ET claim. After all, you are just trying to get the money that is rightfully yours. Everybody is feeling the pinch at the moment so you really must get this sorted - and quick!!!!

 

Glad you found the relevant questionnaire. Get everything done today while you're feeling positive. No slacking, the longer you leave it, the harder it will be. Take the bull by the horns and go for it.

 

Take care

Gemspan

[animal_lover]

One of the union reps has just called me after i rang him about my wages last week anyway he asked me what was wrong so i told him the basics and he was shocked and he seemed pretty angry aswell when he said did they not even give you an advance and i said no they haven't even put it right for this month like i was promised. So he said he was gonna get a cheque for me and sort it out next week. But i'm not sure if it's for an advance or for all of what they owe me. but fingers crossed it will get sorted next week and at least i can still get them to the ET tribunal for Harassment and failure to make reasonable adjustment reg my health.

[animal_lover]

Finally managed to post of my complaint to my branch and head office by recorded delivery but only my branch has signed for it so hopefully head office will recieve it tomorrow. I'm too scared to answer the phone incase it's them.

 

Haven't heard from my union rep yep about him sorting my wages out but hopefully i should soon.

 

When i went to CAB yesturday she was really shocked that my employer would do what there doing since they are a big name etc.... but when i go back on the 23rd September where hopefully gonna sort that out aswell as my other problems and she want's me to leave the questionaire until i go back.

[animal_lover]

Still haven't heard a reply from work regarding my complaint and according to Royal Mail head office haven't recieved there copy either.

 

And I also haven't heard back from my Union Rep yet. I't like a waiting game my sick note runs out a week on Fiday and i'm so scared about going back after the complaint, I don't know if i wanna go back