Suspended on Full Pay (nearly a month)

[Emmzzi]

Deb my main point is you keep saying you have done nothing wrong and then explaining why you did it! You need to pick one or the other.

[Debvfm]

Hi emmzzi, I understand what you are saying totally. What I mean is i have valid reasons for not updating names, it wasn't done to deceive anyone. Anyway time to move on, deal with the appeal tomorrow on the grounds of investigation not carried out thoroughly and start my new job on Monday. I can then put this whole sorry mess behind me. Thanks for your advice Emmzzi it is invaluable.

[Debvfm]

Hi there. Well it seems the drama doesn't end now. I have been in contact with my ex employer asking how much I will receive in my final paypacket and have been told I will get no commission and I owe them four days holiday as they have not got my sick certificate. I have actually got an emailed copy from their HR which was sent to me which i have since forwarded. They have also informed me that they have changed the dates for holiday entitlement resulting in me missing out on 5 days. Can they do this without informing me?? Also does anyone know where I stand with regards to commission? My thanks as always.

[lbruk]

You don't really stand anywhere with Commission as it is probably non-contractual, there could possibly be an argument that their decision is unfair. What reason do they give for not paying commission?. As for holiday pay, you should have a copy of the "holiday year" that they stick too. Although yes they can change this - they cant just change it for one person and take away holiday that you have already accrued. You would need to work out how many days you have had off on holiday and how many days accrued, the difference, plus or minus, is what is owed either way.

[Debvfm]

Hi Ibruk thank for your reply. I have managed to sort out the holiday issue now thanks they say they owe me one day. If I get paid on the 28th of the Month is this in advance of the two days to the end of the month?? I left on the 31st August hence the one day. I had 11 days leave of which I had taken 9 which leaves me 2 days, they have really managed to confuse me (probably their intention).

 

On a happier note, my Union Rep after seeing all the evidence in preparation for the appeal has said that I have a case to take them to ET if I need to. He has checked employment law and the companies own legislation (he used to work for them before they sold his part of the business) and because they did no RTW interview and did not ask for a fit to return document from my doctor I was working illegally.

 

Hopefully this will be enough to get the dismissal decision reversed and hopefully obtain a CA.

 

My thanks to all who have helped me on here.

[assisted blonde]

I think that the fit to work note wont hold up as you returned to work, and the fit note you originally handed in would have surely had either a date for return or state how long you should be off for, the RTW isnt compulasary on companies as far as i am aware and you could have asked for it, having said that the dismissal was for the falsifying of records, regardless of why or how it was done, it was done prehaps some mitigating circumstances but still IMO a reason for dismissal.

i certainly dont think you were working illegally in fact TBH it sounds a bit like clutching at straws by the union to me but that is just my opinion.

[drop47]

Assisted blonde i am sure you are correct about return to works, however if it is their policies and or health and safety statement it may be a point. Sadly i tend to agree with you about the straws. The best option in my opinion is to find other similar cases where dismissal was not the outcome. Companies need to be consistent.

[Debvfm]

Thank you both for your valid comments. There was no date to return to work, fit note just has box ticked stating not fit for work. RTW is agreed as required best policy, the Union have had experience in this before with my employer.

[drop47]

I do wish you luck as i hate when employers get to ride rough shod over employees. There is obviously a flaw in the fit note, also my understanding is that on an open ended one you need one to say you are fit to return

[assisted blonde]

Fit notes usually state the amount of time you will be unfit for work for however you do not need a further note from your Dr to say you are fit for work as the fit notes issued now only state that you are or may be unfit for work. It is up to you and/or your employer if you return to work before the end date on the fit note.

[Debvfm]

The fit note just states not fit for work. Anyway the dismissal was upheld (as we assumed) but the grievance is being further investigated. They agreed there was not a thorough investigation and we left it that I will hear the outcome. The Union will now be filing an ET1 on my behalf. Thanks for all the help and advice.

[Debvfm]

Hi all, just a brief update. The Union decided not to support me in the ET1 as I did not have a good enough chance of success. However, a close friend who has been a HR and Employment specialist for 10 years has agreed to take on my case for me. He thinks I should at least get my months notice as we now have proof that other members of staff did the same as me (but with no injury etc) and only got a first and final warning. Our argument is simply that the punishment did not fit the crime as I have no other 'offences' on my file. Thanks

[honeybee13]

Hello again, thank you for the update.

 

It's good that you have expert help, I hope it works for you and look forward to more updates if you can.

 

My best, HB

[Debvfm]

Hi Honeybee

 

Thanks for your message. I look forwarding to updating you. I am meeting with him later today to go over the finer points and then we shall submit the ET1.

 

Deb x

[assisted blonde]

Good Luck hope it all works out for you.