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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46734
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work for a company and I had have death in family- being

Customer Question

I work for a company and I had have death in family- being on compassionate leave and have being forced into resting due to stress of the company -pressure and put into a corner- they want a death certifcate which my family being refused and now they looked in local council but can't get as have wrong details- I have resigned and working notice and now asking for it in letter what do I do?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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?

Customer: Hello I work for a company and I am being under a lot of pressure with family stuff which resulted In
Customer: I have being under a lot of stress with work and we have had death in the family and work are now pressuring me with death certifcate to proof death - I have sick notes and not in my contract and I am now resigned due to this and still asking for death certifacate by Friday feel harrased and bullied
Ben Jones :

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?

Customer: If they can ask for a death cerifcate?! X
Ben Jones :

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

Ben Jones :

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

Customer: There is no policey and never seen it at all? So asking for it still
Ben Jones :

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

Ben Jones :

Has this clarified your position?

Customer: Well I got a doctors note and can raid ssp and covers for my time off ?
Ben Jones :

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

Customer: That's cool there is no policey or what so ever managers rules if that request it x
Customer: Got sick notes for all leave and I am covered and it sick pay that's fine / being made feel to resign as felt pressured and really angry for them in this
Ben Jones :

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

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Customer: Thank you
Ben Jones :

You are welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46734
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Hello i need some more information I have being issued with a disciplinary for not following a managerial instruction for not providing death certifcate - this is un fair surely
Expert:  Ben Jones replied 3 years ago.
Hi, have they said what the potential outcome of the disciplinary could be? Also how much of your notice period do you still have remaining to work?
Customer: replied 3 years ago.
5 weeks and could be gross mis conduct for not following management instruction ! Honesty- researched desth certifcate and had wrong name my father won't give or obtain - got my absence cover
Expert:  Ben Jones replied 3 years ago.
There is nothing stopping the employer from commencing disciplinary action against you if they believe there is a case to answer but the fairness of such a move would depend on the circumstances and what it is you are alleged to have done. As mentioned, if there is no specific policy requiring that a death certificate is provided in the event of going off on compassionate leave, you will have a strong argument that you have not breached any policies in work. Also if you have good reasons why you could not obtain the certificate, you should use these as a defence and identify the specific reasons why you could not meet their request. So they can still commence disciplinary action but it is about defending the allegations and making it clear your actions were reasonable

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