Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you worked there for?
Thank you, don't worry about extra payment that is only if you want a phone call. Leave it with me for now please, I am not on much today as it is the weekend but I am travelling later and will get a chance to get my response to you, hope this is ok?
oh of course, it will be today, just later on, thanks
Many thanks for your patience. If you are genuinely off sick then that does not mean you have to be home-bound and not be able to do anything outside of your house or go away anywhere. Depending on the reasons for absence, you are entirely free to do as you please. Of course, there are times when your employer or colleagues may get suspicious or upset based on what you did whilst you were off sick. Regardless, the main thing everyone has to remember is that being off sick means you are unfit to work, not unfit to do anything else. If you were off with back pain but then went on a skiing holiday then I would understand if there were unhappy people in the workplace. However, there are many types of absence which would not affect you going away and in fact may be beneficial to your recovery.
So you have not done anything unlawful and the reaction is also somewhat understandable if someone believes you have taken advantage of the situation, even if you genuinely had no intentions of doing so.
In terms of taking this further, if you believe that you cannot return then you obviously do not have to, but as you have less than 2 years’ service you cannot take that any further. This is because you need 2 years’ service to make a claim for constructive dismissal, which occurs when you are forced to resign. Instead you can try and resolve this with the person involved, wither informally with them or by involving the employer, such as by raising a formal grievance. I would say that this is probably not as bad as it looks though and was as a result of emotions running high so it is up to you to decide if it means things are sufficiently bad for you to leave. You may also find that letting things cool down for a period of time or involving the employer as a mediator may resolve things without the need for you to leave.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
yes you may certainly do that, it is not uncommon. So if you felt that you could no longer continue there you are able to consider getting signed off for the duration of the notice period. It is juts that you cannot take the matter any further after that as you do not meet the minimum criteria for a claim. Hope this clarifies?
You are welcome all the best