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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Personal emails read. Facing disciplinary miscondu

Resolved Question:

This is about my partner. She suffers from depression (due to an intense series of disasters), has worked in her current position for 3.5 years with no issue until recent sickness. 2.4 weeks ago her and a colleague exchanged a series of stupid emails on work time and email mocking other colleagues. During a week off for sickness her email was accessed (even tho they had been in constant touch regarding work matters) and the personal email between her and said colleague read. The other colleague was called in on Friday and told about the emails and told he was to be suspended and disciplined. He quit. My partner has been told to come in for a disciplinary but simply wants to quit. She (and he) has hated the work environment, lack of support and mishandling of her depression. Where does she stand?

Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Is your wife seeking to bring a claim against the employer or does she just want to know if she can resign?
Customer: replied 2 years ago.

Hi,

She isn't my wife. Just partner.
Not wanting to claim against the company (tho' I disagree) wants to resign, never deal with them again.

Despite her being signed off sick by a doctor and severely depressed they want her to come in for the telling off.

The question is about notice and sick pay and legally where she stands.

Expert:  taratill replied 2 years ago.

I beg your pardon on missunderstanding your relationship.

If she wishes to resign she may. She can either resign with immediate effect, if she does that then she will not be entitled to any form of pay for the period. If she resigns with notice under her contract then she would be entitled to pay (provided she works her notice) or to sick pay in the event she is signed off sick for the period. If you have any further questions please do ask.

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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