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I'm employed as an business development manager, normally out on the road.. been with company 4 months and in January I injured my knee but ploughed on regardless trying to crack on with the job in hand, did not sit well taking time off so soon into a new job.
Just over two weeks ago I asked work if I could have a few weeks working from home in an effort to help my knee repair.
They asked me to suggest a plan on what I'd do, i did, they accepted it and said explicitly they're happy with my progress and it would be good time to help my knee repair. (By email)
Just over a week in the owner rings me up and puts me on the sick. Today I returned to work (still in pain) and got my payslip and they've deducted ten days pay from me.
7 for the days I was off sick (instructed by them) and 3 to cover my hospital appointments from me Novembe til now! One of them was when I was off sick last week.
I've had about three appointments, most of them at around 4pm (as late as possible) and he sees it fit to deduct three days pay to cover these appointments.
Despite the fact I was on the sick this week I was still doing some Teams meetings etc and answering my phone.
For those ten days off I got £73 sick pay.
Can they authorise me to WFH then do this?
Or, am I shafted because I've not been there two years?
No contract,their first Contract had major issues such as zero notice in first 6 months of employment so knocked it back.
I have no idea but sounds like you should look for a new job.
No contract does not really matter. You have the same contractual terms as others in your post / similar posts
Deductions without proper reason are illegal But if you are off sick then you should not be working at all.
I think yo uneed better advice than I can give here. What does your union rep say?
However at less than two years your recourse is limited
Shit company. We would never do that to someone without warning them it was coming. Just dropping it on someone is poor HR and poor relations
For them to have given you ssp, you would need to have a doctors note, I assume you don’t have one, as your injury didn’t prevent you from working from home?
+1 on look for a new job. Company is shit or incompetent.
For them to have given you ssp, you would need to have a doctors note, I assume you don’t have one, as your injury didn’t prevent you from working from home?
No doctor's note, wasn't asked to get one either.
They'd sanctioned me from working from home previously.
There's a whole world of wrong in that story, but I'm guessing TJ is the one with more expert advice.
But you never, ever, work when off sick. That's what off sick means.
No contract, you wanting to do your best and they pull this. Give them one attempt to fix it and/or, new job search.
What was the conversation with the owner? Could you not just say you aren’t sick anymore, then continue WFH, as per HR?
I’ve had doctors notes to say I am fit to work from home, when I was having the worst of my foot issues.
What was the conversation with the owner? Could you not just say you aren’t sick anymore, then continue WFH, as per HR?
Mega long story but he also thinks I'm not working hard enough! They gave me a vehicle with a tracker and didn't tell me. Despite the fact we're in a pandemic he wanted me out all day cold calling. Despite the fact I've already brought in some big jobs on the phone.
So he sent me home today after telling me my notice was already typed out and offered me to go back tomorrow to convince them why I should stay.
I wouldn’t bother. There’s tons of BDM roles advertised at the moment, focus on those.
I wouldn’t bother. There’s tons of BDM roles advertised at the moment, focus on those.
Despite the fact they've taken 2/3rds of my pay packet?
Time to leave, now, it's only going to get worse. What they've done is morally and legally wrong but your chance to successfully challenge them is low and the chances of maintaining any relationship is zero.
Despite the fact they’ve taken 2/3rds of my pay packet?
Going in for a chat isn’t going to stop him being a crook. Head elsewhere and take the legal route from afar
Going in for a chat isn’t going to stop him being a crook. Head elsewhere and take the legal route from afar
I've only been there 3 months, is there a legal route?
Yes, they've illegally deducted money from your wages, is it worth pursuing, nope.
I would say it is worth pursuing. An employment lawyer is where you need to go for advice - lovcal law centre / advice shop may be able to help in recovering the illegally withheld wages
Your problem is evidence - are any of these things documented ie the permission to work from home?
Also look into the tracker thing - as far as I know that is illegal without telling you
Personally I'd have the chat with a lawyer then I would go for a nuclear revenge by attempting to get their behaviour in the public domain and by reporting them to whoever might be interested. But I am a vindictive sod
The sick pay at our place is quite generous. However, there is a clause saying it is discretionary which I guess is to stop people taking the piss. Worth checking the wording on your sick pay policy before you go any further.
Your problem is evidence – are any of these things documented ie the permission to work from home?
Yes, they sent me email authorising it, saying I was doing well so far and set me a target and offered me commission too!
Interesting - In that case wait until they sack you - see what reasons are given. If they sack you because you were off sick that does give you recourse to a tribunal I think.
IIRC on the TUC site there is a guide to what to do if you are underpaid.
IMO the job is gone. How much effort you want to put into taking them down is up to you
Because I've not been there 2 years they won't give me a reason when sacking me I'd guess.
Probably better trying to lever them to giving me a full pay and a weeks notice and be gone.
They've cut a thousand corners and I also have the fact that their whole fleet of company vehicless are pool vehicles and taken home by the same people, which I'm sure HMRC would be interested in....
Who are "they"? Manager, HR, something else? Same "they" in each case? Could it just be a misunderstanding / miscommunication? (Hanlon's Razor)
It's lovely working for sociopathic bullies, isn't it?
The only advice I can give (from similar experience, remember I'm an ex salesman with lots of highs and lows) is choose your battles.
UPDATE
They sacked me this morning, usual pish excuses.
Told them they will have to give me a float or the fuel card they've promised since December to fill my truck.
He just spat his dummy and said it wasn't working, part company with a weeks notice and they'll come pick my vehicle up next week.
Spoke to ACAS this morning and they feel given the info I have, they have deducted my pay illegally.
your now former employer is clearly a knobber - this is always the issue with individual or controlling partners in companies, they forget completely they are employing people, and they are not their just to be door matts.
I wish you luck with ACAS route -are you able to prove you under-took these teams calls, emails and/phone calls? You only need 1 a day to confir you were working..
have they asked for phoens and stuff back, becasue you will want evidence. Put in a written request that nophones/laptops etc should be touched until the outcomeof the ACAS review..
I was using my own phone, own SIM and laptop so have everything!
I was using my own phone, own SIM and laptop so have everything!
WTF - it sounds like you are best off out of there - they sound like shocking employers. I don't know how some people can even sleep at night.