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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48209
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I resigned from work and have a 3 month notice period. I've

Customer Question

I resigned from work and have a 3 month notice period. I've been placed on gardening leave and currently being asked to go into work on a regular basis. Since I've been on leave I've had many personal problems and suffering with server anexity and depression. My doctor has prescribed antidepressants and I'm currently speaking with people about my issues.
My work has since tried calling me in to discuss some queries from my time when I worked. I can't face it, I have told them I am signed off and gave them a copy of my doctors note but they're requesting a time within the next 7 working days I either go there or they will come to see me if more convenient. I can't face this, I'm at the end of my tether and don't want to do anything but curl up and sleep, do I HAVE to go and see them or allow them to come and see me??
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
thanks, ***** *****
Expert:  Ben Jones replied 1 year ago.
No you certainly do not. If you are signed off sick then your employer should respect that and leave you alone. The only contact they should make is in relation to checking up on how you are (only to be done periodically) and to see if they can assist in any way. Also if there is something extremely urgent at work that only you can help with, for example only you know passwords to access certain systems and they cannot do their work without these, they can contact you for these. But apart from that when you are signed off it means that you are unfit to work and the employer should accept that and not bother you. If they do, it would actually amount to harassment on their part and you can make it very clear to them. This is your basic legal position. I have more detailed advice for you in relation to the law on harassment and what you can do about that, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Perfect, thank you.The queries are regarding some invoices I have signed off before I left yet they can't validate the services etc. I am also paranoid that I am being victimised and "set up" as I'm going to a competitor and they're trying to discredit me and avoid paying my gardening leaveI'll leave the ratings nowThanks
Expert:  Ben Jones replied 1 year ago.
Many thanks for the rating. The reasons they are chasing you for are not ones that you should be pestered continuously for at this stage, especially when off on sick leave.
So as mentioned, such persistent conduct could potentially amount to harassment, which could be both a civil matter and a criminal one. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.
Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim.
In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue.
Of course legal action should be viewed as a last resort but you could still raise this argument with them if needed.
Hope this helps.
Customer: replied 1 year ago.
Yes it helps, what I am worried about is that I have done something wrong in the last few weeks I was working as I wasn't really with it mentally. I signed off many things to just get mused up to date being leaving for gardening leave.Would you represent me if things go further??
Expert:  Ben Jones replied 1 year ago.
I am afraid we can't as we only provide an online service but always more than happy to help on here if needed