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

I think we have done the holiday thing (yes, he is allowed).

As far as resigning is concerned, you have to consider what you might actually gain @Journey1234

In an ideal world, it would be nice to have an understanding employer who gives you as much time off as you need. The reality is that you are being paid to do a job. If you are not able to do that job, for whatever reason, eventually any employer will want to solve the problem.

Your manager has given en you the option of resigning, which as you say, would be better for ongoing references. If you fight it, I don't believe you have grounds for constructive dismissal, and he doesn't need to give you any redundancy money. About the only thing you might achieve would be a small amount of additional pay, but this would be at the expense of a reference.

It sounds like you have been an irregular attender for whatever reason, so in your position, I would probably cut my losses and go.

Hang on, if you work in a school office then do you only work term time? Term time workers get their holiday paid, it isn’t accrued in the same way as others as you are not contracted to work in school hols. So are you just contracted to 38 weeks a year? That makes a difference

I think she means 'old school'. Like old fashioned.

He’s supposed to pay you for that! Waive it indeed. He sounds like a right fucker.