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Original poster

Psoriasis Gate Cont. Notice Period & Grievance

53 replies

PeachQueen · 09/05/2019 09:01

I posted a thread in March re my workplace and how I came back off holiday & my manager called me to a room and advised that 2 colleagues had complained about my skin condition (Psoriasis) & I was asked to move desk due to 'flakes' getting in their bags & clothes.

Anyway long story short I have been moved desks to the end of the row and I am now totally isolated from the team, nobody talks to me and the two that complained dont utter a word.

I have been ill constantly since the conversation and as with the nature of Psoriasis it has flare up due to all the stress. I no longer want to be here as its a horrid situation.

So in my review last week my manager mentioned I hadnt been myself and not so happy and what was up [shocked] I explained re the above and that I am finding it difficult/isolated and wanted something said/done - his solution was to tell me I can work from home permanently.

So I have decided to leave, spoke to my manager and asked what the notice period was due to all of the above and he is going to speak to HR this morning and see if I can finish next Thursday.

So my question being is - will I still get paid for the 4 weeks or not? My DH says they are legally bound to pay me the 4 weeks & if they don't then to raise a grievance.....?!

Any ideas?

OP posts:
AryaNoOne · 09/05/2019 09:16

I’m really sorry to hear how you have been treated, that sounds really difficult.

I’m not an employment expert but I think a key question is why is your manager checking to see if you can leave early - his decision or your request? You have given notice to them, not them to you, so if you have asked to leave sooner and they agree this I don’t think they would have to pay you your unworked notice (though they’d still owe you for work completed and any holiday owed). However if you gave four weeks notice and he asked you to go sooner the situation might be different. CAB info here: www.citizensadvice.org.uk/work/leaving-a-job/resigning/your-notice-period-when-resigning/

Have you given any thought to staying but raising a grievance on how you have been treated on the team to try to get that resolved? Would you like to stay if the team would involve you more, for example? I completely understand you might have got past that point but it seems very unfair that you need to leave due to a medical condition.

endofthelinefinally · 09/05/2019 09:20

This is awful OP.
I think you should see your gp, get signed off, then talk to your union or ACAS.
Why should you be bullied out of your job because of a health issue?

OliviaBenson · 09/05/2019 09:36

I'd get signed off sick and take advice op. You have been badly wronged here.

Original poster
PeachQueen · 09/05/2019 09:38

Thanks @AyraNoOne & @endofthelinefinally

So in the meeting with him yesterday I worded it as "this may not come as a surprise but I will be handing in my notice. I just dont want to be here anymore and feel excluded from the team and it is making me ill" I then asked "what will be the notice period?" and he said "well what are you wanting to do" I repeated that I no longer wanted to be there and that ideally leave asap but understand its 4 weeks as per my contract.

He then said he would speak to HR this morning. He spoke to me before doing so and said "I am thinking of asking if you can finish next week" I said OK then and left him to come back to me. He then came back and confirmed that they agreed I can finish neutrally next Thursday and will need me to take the 1/2 day holiday before. That I can come into office or work my notice from home but as I want to not work my full notice then I will not be getting paid for the 4 weeks.

He asked me to write a resignation letter to that end.

I am in two minds - 1 I am pissed that I am having to leave because of all this and that he has done F all to resolve the situation or make me feel better.

2 nothing will get done, the company is shite for that and I see no point in staying as the 2 individuals are known for being like this but yet nothing gets done?!

OP posts:
OliviaBenson · 09/05/2019 09:43

Take a pause, go off sick and think of your options. I think they have to pay you your full notice but they could make you work it all as well.

Had he never even tried to address the issue with the other staff? Had he acknowledged this at all?

Original poster
PeachQueen · 09/05/2019 09:45

@OliviaBenson

Yes he acknowledged by agreeing it was shit and the 2 involved were annoying - he said to me in my review when I bought it up again about how they just ignore me don't even look at me he said "well if it makes you feel better I have had that for a year!"

Nothing has been done other than moving me to the end of a row of 6 desks away from them - which basically is what they wanted.

OP posts:
Original poster
PeachQueen · 09/05/2019 09:46

I am thinking of writing an email to HR copying him in stating that due to the reasons I am leaving I dont feel I should have to lose out on pay & therefore will work 4 weeks notice but from home as suggested?

OP posts:
Omzlas · 09/05/2019 09:52

I read your last thread OP

I wouldn't be going anywhere until I had a new job and I'd be raising merry hell. MERRY. FUCKING. HELL. Over how you've been treated.

Do you have a union? Remember that HR are there to advise managers etc and not there to protect your interests. My advice would be to contact your union or ACAS (or similar) before taking action

Original poster
PeachQueen · 09/05/2019 09:54

I am not in a Union.

I do know somebody that can rep for me though (an independent Union rep?)

OP posts:
OliviaBenson · 09/05/2019 09:55

The thing is, if you go off sick, take advice you could negotiate a better managed exit, severance pay, and a good reference going forward. If you leave now you won't be able to get any of that.

Speak to ACAS and don't do anything hasty yet. You want to leave I get it, but you are in a string position here so you should use that to your advantage.

breatheinskipthegym · 09/05/2019 10:00

OP, please don’t resign quietly, this is constructive dismissal. Your working environment has been made so intolerable that you feel you have no option but to leave. Your manager is ineffective, has handled the whole situation horribly, and for a HR person worth their salt, this whole situation should be screaming alarm bells, not have them willing to offer you an early release. As others have urged, please consider your next move carefully and get some sound advice from ACAS and/or another employment law specialist. You have more options and a stronger position than you currently know.

flowery · 09/05/2019 10:03

It sounds as though you were asking to be released early from your notice period, which means they wouldn't have to pay you.

However I would suggest you don't formally resign, and instead you get signed off sick and instead of resigning, put in a grievance about being excluded from the team and the various concerns you have.

Original poster
PeachQueen · 09/05/2019 10:06

So should I not resign formally and raise a grievance instead?

OP posts:
Theclearing · 09/05/2019 10:08

YES!!!

Theclearing · 09/05/2019 10:08

You’ve been bullied out of your job!

itbemay1 · 09/05/2019 10:09

Definitely do not accept a quick exit. At the very least work your notice at home, I'm sorry you're in this position, some people are arseholes, i am sure it is constructive dismissal so please think about your options. Thanks

OliviaBenson · 09/05/2019 10:10

And get signed off sick..... take advice before putting in a grievance.

Original poster
PeachQueen · 09/05/2019 10:17

OK thank you.

I haven't formally written an email to resign so safe for now!

OP posts:
PompeyBez · 09/05/2019 10:24

Sorry you are going through this OP. I remember reading your previous thread. Before you resign I would speak to ACAS. Also if you're able to speak to a solicitor specialising in this area that would be a good idea too. While you're getting your ducks in a row, also check to see if you have legal cover on your home insurance. That may become invaluable.

TraceyLP · 09/05/2019 10:41

Hi,
I agree don't resign (what terrible, spiteful people your colleagues are). Get in contact with HR, state the background to the situation, put in a grievance and be clear what you want in order to resolve the situation.

I suggest that as the employer must be quite sizeable (as it has a HR team) that you ask to be redeployed to a suitable alternative employment (this is one that you deem a suitable alternative) getting no less pay and no worse terms and conditions than your current role.

If you can't face going in then go off sick while you negotiate. For what it's worth I think you would get what you want as the way you have been treated is completely unacceptable.

Hope you would be happier in a new team but if you are not happy you can look for a job in your own time without being thoroughly miserable. Don't let you lazy boss allow them to push you out - start doing things on your terms. Good luck OP - keep us updated x

Original poster
PeachQueen · 09/05/2019 10:51

@TracepLP

Thank you for that.

I have emailed them and asked for clarification and stated I am not leaving without 4 weeks pay as I have raised an informal grievance and it hasnt been dealt with, my boss has shot off to another office so I assume he is talking to them.

OP posts:
FFSeverynameisused · 09/05/2019 10:57

don't forget to use the words 'constructive dismissal' in any future emails or communications. This is very important OP.

TraceyLP · 09/05/2019 11:00

Good luck OP

AHF1979 · 09/05/2019 11:06

Please do try ACAS OP I have used them in the past. Really good free advice. Good luck. My DD has psoriasis and I would hate for her to be treated this way

Moondancer73 · 09/05/2019 11:25

Oh wow, I can't believe how badly you've been treated.
I read the last thread and was horrified - my son has psoriasis and I know how he feels about it - your manager is appalling and I have to say that I think if you can handle raising a grievance I'd totally do that, there's no way you should have been treated this way

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