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Original poster

I got a sick note to go on holiday

421 replies

Marleymerm · 01/11/2022 22:58

Last month I worked at least 40hrs of overtime when my boss kept asking me to "stay late" or "just come in a few hours at the weekend" as we had a deadline approaching. I worked it and wrote it all in my time sheet, I work in an office so we don't have clock ins or anything.

Anyway, I got paid last week and got nothing for my OT, I asked my boss who said he only asked me to stay to help, he never actually agreed to pay me for it and he was asking me to "help the company" like we all should be doing.

I thought about fighting it but people in my office are petty and those above me would probably make things difficult for me. So instead I got a sick note from my doctor for 6 weeks for stress and booked a holiday. I've been honest with my work that I've booked the holiday and said it's to help with my stress, now my boss is saying this is clearly out of spite and he'll be giving me a written warning. However if he does that he'd have to formally admit to not paying me OT. I do feel nervous after realising I actually get full pay when I thought I'd only get SSP and now I'm worried my boss is going to take it further.

OP posts:
DrFoxtrot · 01/11/2022 23:42

I don't think you've done anything wrong. I think getting paid for the overtime would have eased your stress as you'd have felt valued and not taken for granted. Your boss should not treat his team like shit.

Original poster
Marleymerm · 01/11/2022 23:43

sausage767 · 01/11/2022 23:40

When you say it was voluntary, did you say ‘boss I will stay back and help’ or did he ask you to stay (as opposed to it being mandatory).

if you offered without clarifying regarding paid overtime I can see his point.

And IMO 40 hours over a month isn’t that much.

He asked me to stay late and come in on days off. In the past I've always been paid for OT.

OP posts:
Schnooze · 01/11/2022 23:44

Karma. I don’t blame you.

NicolaSixSix · 01/11/2022 23:47

sausage767 · 01/11/2022 23:40

When you say it was voluntary, did you say ‘boss I will stay back and help’ or did he ask you to stay (as opposed to it being mandatory).

if you offered without clarifying regarding paid overtime I can see his point.

And IMO 40 hours over a month isn’t that much.

A whole extra week isn’t much?

PurpleButterflyWings · 01/11/2022 23:47

sausage767 · 01/11/2022 23:40

When you say it was voluntary, did you say ‘boss I will stay back and help’ or did he ask you to stay (as opposed to it being mandatory).

if you offered without clarifying regarding paid overtime I can see his point.

And IMO 40 hours over a month isn’t that much.

@sausage767

40 hours overtime in a month not much? Are you taking the piss? And unpaid too? You must be the OP's boss. Hmm Oh how I HATE bosses and managers that are all about the COMPANY and sneer at and denigrate people who don't want to live and breathe WORK and work for free for dozens of hours a month! Hmm I mean God FORBID someone wants to spend time with their family, and actually be PAID for the hours they work! Fuck me! Confused

@Marleymerm You need to take this up with a union or a solicitor of citizens advice. Your boss is treating you like shit.

You probably should not have told him you were going on holiday, but I am sure he can't get you sacked for having a break whilst on sick leave for stress. Bit of a grey area. You need legal advice. Start looking for a new job though.

CourtneeLuv · 01/11/2022 23:47

Why tell them you are going on holiday?

PurpleButterflyWings · 01/11/2022 23:48

A solicitor OR citizens advice.

PrincessNutella · 01/11/2022 23:51

I think your boss was a jerk and yet I also think your doctor is committing fraud.

Original poster
Marleymerm · 01/11/2022 23:53

PrincessNutella · 01/11/2022 23:51

I think your boss was a jerk and yet I also think your doctor is committing fraud.

For what? I went because I felt stressed and told him everything I was going through and he suggested I take time off work as I have done previously in the past. What's fraudulent?

OP posts:
IamtheDevilsAvocado · 01/11/2022 23:56

sausage767 · 01/11/2022 23:40

When you say it was voluntary, did you say ‘boss I will stay back and help’ or did he ask you to stay (as opposed to it being mandatory).

if you offered without clarifying regarding paid overtime I can see his point.

And IMO 40 hours over a month isn’t that much.

Um... That's another 2 hours daily if you are working 9-5....that's loads...

BagOfBollocks · 01/11/2022 23:57

Are you going to answer my question OP?

pinkbag · 01/11/2022 23:59

@PrincessNutella explain how the doctor is committing fraud. This would mean the op is also not stressed.

i don’t believe you were actually at the appt so I’m not sure you can make that assertion.

PrincessNutella · 01/11/2022 23:59

Writing a six week time-off slip?? That is crazy.

TheOnlyBeeInYourBonnet · 02/11/2022 00:00

It was totally unreasonable of your boss not to clarify that the extra work was unpaid and then refuse OT without any discussion or counter offer. TOIL would have been a good compromise if working the extra hours was stressful for you. Personally I would have kept pushing for that.

I think it's clear your 6 weeks off is a revenge tactic, and I'd see it as a pretty hostile move, basically claiming 6 weeks paid in lieu of ~1 week worked and making it clear you're using it to go on holiday.

You are probably legally within your rights and there won't be much they can do, but you have flagged yourself as troublesome (and your GP as untrustworthy) and I doubt things will be the same for you in future. Not just with management, but your coworkers who will bear the brunt of your absence.

OrigamiOwls · 02/11/2022 00:01

I think whatever happens now, it would be sensible to start looking for a new job elsewhere.

PurpleButterflyWings · 02/11/2022 00:02

PrincessNutella · 01/11/2022 23:51

I think your boss was a jerk and yet I also think your doctor is committing fraud.

WTF? The doctor is not committing any FRAUD!

Princessglittery · 02/11/2022 00:02

Your manger is lying, voluntary hours count towards NMW calculation. Report to ACAS
www.gov.uk/national-minimum-wage-rates.

And www.gov.uk/guidance/calculating-the-minimum-wage/working-hours-for-which-the-minimum-wage-must-be-paid.

The second link is to the relevant HMRC technical guidance it’s lengthy but covers your situation.

PurpleButterflyWings · 02/11/2022 00:03

@TheOnlyBeeInYourBonnet Why is the doctor 'untrustworthy?' Confused

WhosafraidofVirginiaWoolf · 02/11/2022 00:04

You were signed off with stress that is all they needed to know.

I think you were silly to tell them you were going on holiday, no you didn't have to hide it but you didn't have tell them either.

It does smack of revenge but I doubt there is much they can do.

Newusernameaug · 02/11/2022 00:04

Good for you!!

BagOfBollocks · 02/11/2022 00:05

If the OP lied to the Doctor then no fraud has been committed.

And it sounds like she has lied tbh as she claims the OT burnt her out etc so now she has to go off sick for 6 weeks.

Yet if she'd got paid, it seems the 'burn out' would've magically disappeared.

whatwhhat · 02/11/2022 00:06

I don't have any legal advice but good for you and I hope you boss struggles finding cover for you and has to spend his days off at work!

Enjoy your holiday!

WineIsMyMainVice · 02/11/2022 00:12

is there an absence policy in place? And if so have you gone over the levels of sickness absence stated in it?
if so I think this is the only instance that formal action may happen. (From what you’ve said)
But even so, you’ve mentioned being off with stress before. Would you define yourself as having any disability? If so then the company should consider carefully.
If they do try to take action I’d give ACAS a call or speak to your union if you’re in one.
Good luck op.

TheOnlyBeeInYourBonnet · 02/11/2022 00:14

PurpleButterflyWings · 02/11/2022 00:03

@TheOnlyBeeInYourBonnet Why is the doctor 'untrustworthy?' Confused

Because 6 weeks t=straight off the bat for stress, which just happens to coincide with an unfavourable management decision, is way out of the ordinary and therefore raises suspicions. Whether or not the OP is genuinely tired and run-down - and doesn't continue to ignore questions about how being paid for her time would have changed that - it smells off.

PrincessNutella · 02/11/2022 00:16

This plainly was a vengeful move on your part, because you only decided to do it after your boss didn't want to pay for your overtime. Your stress level was clearly about the pay, not about the extra hours. I agree that your boss was cheating you, but I think that should have been handled in other ways. And I think that on a professional level, this will work against you. You will come across as a slacker, rightfully so. You were willing to do the overtime for money, and it seems pathetic to have to have six weeks(!) of paid time off to recover from one extra week's worth of work.