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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What do you actually wish to achieve in this situation?
Thank you but I am still unclear on what you wish t achieve in this situation - you have resigned but what do you want to do now, what d you want me to advise you on?
Legally, there is nothing stopping the employer from asking for a death certificate if they are to continue granting compassionate leave. There is no legal right to be allowed to take compassionate leave and that is something done at the employer's discretion, which means that they can create their own rules and policies that you must adhere to if you are to be granted such a benefit. I agree that it is somewhat insensitive to request a death certificate at times when you are grieving, but it is not illegal. It does mean that if the employer is not satisfied that the reasons for taking compassionate eave re genuine, they could potentially withdraw that and then you must either return to work, or use other ways of going off work, such as taking holidays or going off sick. However, at the same time the employer should adhere to its own policies in this respect, so if there is a specific policy that states you are entitled to compassionate leave and not placing any specific conditions on how this is granted, you could remind them that their own policy does not state anything about such requirements and that such a request is unreasonable
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
you need to see it to find out what may be expected of you and to ensure that the employer is working within its terms - because it would bind both of you. If no such policy exists then it would be more difficult for them to insist on a death certificate, but it does not prevent them from terminating the compassionate leave entitlement, because as mentioned there is no legal right to have such leave, it is given at the employer's discretion
Has this clarified your position?
you can get signed off sick if needed but then you would be subject to your employer's sickness rules and get whatever sick pay your contract entitles you to
yes it is a shame that you felt you had to leave because of that but once you have resigned, the resignation will stand unless the employer agrees to allow a retraction. Legally, you could consider a claim for constructive dismissal against them if you had more than 2 years' service but it is a difficult claim to win so think carefully before considering it
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You are welcome