Can my boss do this legally?

[Journey1234]

I am currently employed by a very old school office. Think lots of paperwork/paperclips 1920s desks and the smell of damp. The people are elderly and have worked there since pussy was a kitten. It’s very dull.

I have been there 1 year 3 month. I am currently on the sick as my health is in a bad way. My sick note runs out on 1st August. My boss isn’t happy and has questioned my ability to work and has sent me a huge email about what I am not allowed to do while on the sick for eg sports, go on holiday etc and if I did these things I would get a disciplinary. Fast forward to now he has told me that he thinks I should leave as he cannot afford for me to be on the sick as they are short staffed making me feel guilty he said it’s best if I resign. I told him I would rather resign then get sacked as I will need a reference for a new job. He was happy when I said I would resign and said he would call me back with the information regarding my pay etc. I am due to be paid end of this week at least £428 which is ssp only but he has told me that because I have taken so many holidays so far this year that I owe the business £750 so he has therefore said I will come out with 0 on pay day. Is he allowed to do this? Thankyou

You do have some rights under two years if you are dismissed due to a protected characteristic , they can dock for holidays if taken too much pro rata.

If you resign you will not be able to apply for certain benefits - you’re making life easier for them but not for you as legally they can’t provide a bad reference

wtf??

They can not provide a reference or provide a factual one which perhaps isn’t in the OP’s favour if they’ve been off sick a lot or had other issues regarding their work.

Whether it counts as being disabled significantly affects her rights so I'm not sure what this reply is for.

Unless your sickness is due to a protected characteristic (i think) then you could be sacked for it, or for any unprotected reason. I was going to ask how long you'd been off sick but given that you've been employed less than 2 years your boss doesn't even have to be satisfied it meets "capability" grounds.

Holiday thing, that sounds right assuming he has calculated it right.

This was a very valid question, so not sure why you’ve responded like this.

A third bout of the flu this year is different to cancer, or an MS diagnosis for example, and it extremely relevant to whether the OP could have a discrimination case.

Just to reiterate what others have said - a constructive dismissal claim is very unlikely to be successful if your length of service is less than two years so don't put much stock in people telling you it's a clear case of CD. Also if you have taken more holiday than you've accrued, it's normal practice to reclaim that in your final salary.

I think if op had cancer she’d likely have said, rather than just saying she’s “on the sick”, whatever that means.

How long have you been on sick leave? Were you planning on returning on 1 Aug or getting a new sick note? Are you able to say what your sick note covers/your illness? When does your holiday year run from and to and how many holiday days have you taken this holiday year?

Without this information it’s hard to advise.

Employment solicitor here. Everything depends on whether your sickness qualifies as a disability. If not then you cannot bring a claim (you do not have the two years' service for a claim of constructive dismissal/unfair dismissal).
The holiday calculation is perfectly normal (although do double check the calculations). If you have taken more leave than you had accrued then you owe them money.

You sound like a nightmare employee. What sort of illness are you 'on the sick' with anyway? 🤔

Reading posts like this you begin to see why so many smaller businesses are terrified by the prospect of employees gaining full employment rights from day one. Likely to lead to a huge slow down in recruitment.

It's now likely to be six months. It will however lead to employers making very early decisions about their new hires and whether they want them in the business long term.

.. proper advice given which I'd not seen

Because they're ill? We don't know why OP has been off sick, if they have cancer will you stop being so rude? You sound like a nightmare person.

"since pussy was a kitten"

😆

Sorry, off topic, I know.

Yes they can do that with the hoilday if youve taken more than accrued.

So much misinformation on this thread.

He can only deduct holiday pay if there is the contractual right to do so. If there is, he can deduct from SSP, even if it leaves you with zero.

If you meet the definition of a disabled person under S6 Equality Act, being asked to resign due to disability related absence could well be legally actionable, as it would be a discriminatory dismissal if proven. A constructive dismissal can still be a discriminatory dismissal with less than two years service, in theory.

If the absence is non disability related then without two years service, there wouldn’t be anything you could do.

If your notice period is one week, he’d have to pay you in full for that if you are dismissed, even if you can’t attend work, which might mitigate any holiday pay even if he can deduct it from you. If it’s two weeks or more then he doesn’t have to pay you anything but SSP, or zero wages if he can deduct holiday lawfully.

it’s not a straightforward situation and it’s impossible to say what will happen without seeing your contract, but I wouldn’t be resigning!

So on the sick is a common thing to say in the north east. I have gone over my holidays by 6 days he is deducting this of my ssp leaving me with 0 in a few days time. I have had advice today and Iv been told not to resign. He is pressuring me to leave on my own accord. I have been off 4 weeks I have bowel issues Iv lost 6 stone in a year and im
not absorbing food. I am genuinely ill and having many tests.

He said my notice is 8 weeks but he will waive that???

It already has.
Employers will move to using self employed contractors for work that needs to be done and out of work people will accept any form of income rather than none.

This will result.in loads of people working but not entitled to any employment rights, far worse than the current system, well done labour massive own goal there!

Are you fit to work right now if so tell him you'll be working your notice period but if he doesn't want you to come in you'd happily accept garden leave.

He sounds like a cheeky fucker.

Absolutely this..

''@Allthegoodhorses · Yesterday 19:55

@Ddakji · Yesterday 13:57
“On the sick” 🤔 🤔🤔
No idea if it’s legal or not but frankly he sounds well shot of you.
Absolutely this..''

People get sick. No idea why the concept seems so alien to you...

“On the sick” is a well known phrase for “being signed off by a doctor due to ill health” so all you pearl clutchers can calm down. People around the uk have different phrases from the small corner you live in ok? Where I come from people may also say “on the box” or “on the panel”. It all means the same thing. Sighed off as unfit to work.