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Sorry, not exactly the right spot...but need help please.

(11 Posts)
Feminine Wed 17-Oct-12 16:11:46

DH was signed off from work with 'acute work related anxiety' last week.

For 5 months he had been bullied and could take no more, the doctor saw this and has given him a sick note to give to his employer.

It was for 2 weeks.

I assumed he would get his regular wages this Friday? am I correct? Nobody has said he is actually receiving SSP? that comes in at a much lower amount.

Secondly, his Doctor advised he seek new employment, he has done that ~ the new training starts on 29th October. What does he do? he needs a reference.

At this point, he hasn't received a letter of appointment, so technically he is still employed at his present job.

We are not sure where he stands legally? it doesn't help that the reference should ideally be written by the person that caused him the severe anxiety.

Thanks all...very much smile

CrikeyOHare Wed 17-Oct-12 16:16:51

Does his former employer know he's not coming back? They need to.

If he needs a reference, then the new employers need to write to the old ones.

Is your DH considering legal action against the former employers? He should - that sort of thing really shouldn't be tolerated.

CrazyCatLady13 Wed 17-Oct-12 16:21:42

You need to know what his firm's sick pay policy is. For example, some will 'top up' statutury sick pay (SSP) to the normal rate.

It is a legal requirement for them to pay SSP after the first 3 days of sickness of any period.

He really needs to speak to his HR department to see where he stands (or can he call, give authority and then pass the phone to you?)

Feminine Wed 17-Oct-12 16:21:42

If he told them, could they withhold his pay?

On Monday, he returns to the Doctor ....she might sign him off again , I don't know confused

Normally he is paid on the 20th of the Month, his new training does't start until the 29th...I'm assuming we wouldn't have any wages coming in?

I really want him to take legal action, we have talked about it. Apparently, other people in the company have tried and failed to sort out the bully...

GoSakuramachi Wed 17-Oct-12 16:22:29

There is a legal section, as well as an employment one. Try there.

Feminine Wed 17-Oct-12 16:23:55

Thanks crazy I'm worried we will lose money now, I had no idea his normal wages would be affected.

I would talk to them on his behalf, for sure angry

CrazyCatLady13 Wed 17-Oct-12 16:24:55

Also please remember that it is possible to get copies of your references. The company providing the reference is legally obliged to give you a copy - they are allowed to anonymise them so you can't see the specific person who wrote it. They cannot write anything negative UNLESS it can be proven / factual.

HTH

Feminine Wed 17-Oct-12 16:25:00

I'll try legal too.smile

Unfortunately this and chat seem to be so much busier...

CrazyCatLady13 Wed 17-Oct-12 16:35:21

Citizens Advice Bureau can help. I think they've got lots of info on their website including employment advice, and direct.gov.uk also has info on employment law.

I think SSP is only about £100 per week, it might be worth him contacting the benefits office as if his company won't pay him SSP directly they can help (if he puts in a claim for benefits because they're NOT paying him SSP they'll tell off the company for him!)

Hopefully though his company will be one that tops up sick pay. Is this the first time he's been off sick at this workplace? If not, did he get paid before? If so he's probably got a top up scheme.

Also look into 'constructive dismissal'. It's when someone's working life is made such a misery that they have no choice but to quit. This is a good reason to go to an employment tribunal but obviously you and your DH will have to weigh up the pros and cons of this.

Good luck!

IneedAsockamnesty Wed 17-Oct-12 16:41:48

give acas a call they are brilliant at reasuring you and give correct info

Feminine Wed 17-Oct-12 17:00:41

Thanks crazy this is the first time.

Unfortunately he has only been there 5 months, it started on day one.

I'm grateful he found another job, just worried we will have no money.

It couldn't have happened at a worse time.

With him, I'll take a look at what you suggested ~ thanks.

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