Unlawful wage deductions? Discrimination?

charlie2010

Hi all, this is long, please bare with me, I need advice!

I work in social care and it can be physically demanding at times. Last year (2013) I had a number of issues with my back meaning I missed approximately 3 weeks of work. In Feb of this year, I was diagnosed with disc degeneration and my surgeon wrote a letter on my behalf proposing a transfer within my job to another area that was less physically demanding. I put myself forward for position, but was told I would not be considered. An investigation then occurred, including occupational health who agreed with the surgeon. This took 3 months in total, and during that time I continued to work in often compromising situations. At the end of May 2014 I was told by my employer that I needed to go on sick leave or my contract would be terminated, as I was unable to fulfill the role of my contract at present. I protested, and suggested a number of other opportunities within the company for even a temporary period during rehabilitation, which was denied. I also requested support from the team in compromising situations, and the support was denied. I was therefore left with no other alternative than to go on sick leave. It was agreed that I would take three months, the first 2 fully paid, the 3rd half pay. I was informed that during this time of leave I would receive a phone call from management every two weeks for a progress report, and a meeting every month. Additionally, I would be informed of any new and more suitable positions within the company. None of these occurred. I scheduled a meeting with my employer this month as I am due to go back to work in September, and I also applied for a position within the company that would be physically less demanding and that I am very well qualified for. At this meeting, I was informed that my application was not successful due to the fact that I had been on sick leave. Additionally, I discovered the same day that my wages had been deducted entirely from my pay cheque. When I questioned this, I was told that I probably went over my quota of sick leave, as it is back dated a year, and that I may have owed the company money. Further to this, I then learned that there is a policy, that states that for the third month of sick leave the employee will receive half their wages, but that this 3rd month is not consecutive, but spans the duration of the year. I had received no notification of this policy, nor any notification that my wages were going to be deducted. I then received an aggressive phone call from the managing director who has had no contact with me throughout, informing me that the totality of my sick leave, including the enforced 3 months, meant that I had missed over 500 hours of work, and that I now owe the company an additional €970 on top of the €1,100 they had just deducted. She is sending me a letter outlining the hours and dates etc, so the intricacies I don't fully understand as it was quite a confusing phone call. She then told me that as I had been with the company for 4 years I should have known their policies and been aware of this. I asked if that was the case, then why hadn't management and HR been aware of the same policy, and she was unable to answer. I am looking for advise on what to do, if I have a case, or a leg to stand on. I've been as specific as possible, hope there is someone out there that can help!

Mrs OBumble

We cannot tell you if you have a case - that is legal advice, which we cannot give. /MOD-NOTE


You need to talk to an employment solicitor.

Realisically, I think you should also be looking for another job. I have no idea why, but from what you've described, I cannot see how you can have a positive career in the current company. Possibly one of the outcomes which the solicitor will negotiate for you is that the company gives you a good reference.

charlie2010

OK, thanks for your note. I thought I could get some advise on labour relations, etc. seeing as my wages gave been sucked and I cannot afford a solicitor. I appreciate if you can't give legal advise though, I hadn't thought that would be an issue. Yes, of course I'll be changing job, I'm not a masochist. :-)

Autonomous

Sounds like construtive dismissal....seek legal on this, try ners for advice too.

Ly_on

Yes it' sounds like constructive dismissal which is nearly impossible to prove sometimes.... You need everything they promise and do in writing...citizens advice will guide you on the right path.... If your employers think that you are about to take this down a legal route then they may consider other options. One thing is for sure, do not hand in your notice. You need advice so ring citizens advice. This happened to me 5 years ago where my employer reduced my wages by 20% , stripped me of my managerial title but told me I could still fulfil the duties of one so that nobody would know ( he thought he was doing me a favour!) nobody else received a reduction in wages - just me! When I asked him for a letter outlining his decision he totally flipped out and threatened me in front of my colleagues - this was the final straw! I knew that he was hoping I'd just get peeved off and hand in my notice.. In the end he offered me my rightful redundancy but I had to sign a form stating I wouldn't sue him in the future... I signed it to get my redundancy but the truth is, I never wanted to go to court anyways. I just wanted what he should have offered me initially! So wise up and look after yourself !

charlie2010

Thank you folks, I really appreciate it. I have a meeting tomorrow with the MD so I will see if their position remains the same, as I had told them I would have to get a solicitor in the hopes it would instill some self awareness. Cheers!

Autonomous

charlie2010 wrote: »

Thank you folks, I really appreciate it. I have a meeting tomorrow with the MD so I will see if their position remains the same, as I had told them I would have to get a solicitor in the hopes it would instill some self awareness. Cheers!

I would ask for a witness / union rep to be allowed to attend this meeting and before the meeting starts, tell them u will be requesting the minutes of the meeting for your own records.

charlie2010

Will do Autonomous, thank you.