Stressed friend having work issue

Dav010

Sour Lemonz wrote: »

Not necessarily, due to the fact the employer has already replaced the op's friend and written them off on tax website as no longer employed, it can be shown that any engagement would be unfair and lacking impartiality.

If it was the case these things didnt exist then it would be alot harder to prove constructive dismissal, however when factored in with the personal pressures op's friend is under which have been communicated to the company and their lack of engagement would have a higher likelihood of going in friends favor.

However in saying this, consultation of a solicitor would determine the appropriate strength of this case at end of the day and thats what the op's friend needs to do. Either way they wont be staying at this company due to medical advice given so no harm exploring CD route as company not willing to make any sort of accommodation.

But the employer has insisted she is still employed. There are alterations to be made on employee Revenue files due to Covid payments, I’m not a tax expert by any means, but when my business reopened and staff came back full time, my accountant as trying to explain to me all the changes he had to make on payroll/Revenue file so that wages/tax credits etc were right. If I remember, there was also a correction on the Revenue file around 25th of last month where Revenue calibrated credits and he warned me in advance of some changes in how much was deducted by Revenue. I’m not saying that this explains the op’s friends situation on Revenue file, but we are getting this third hand (ops friend’s boyfriend looked it up) and unless it’s accurate, it would be wrong to rely on it as evidence of wrong doing.

I’m pretty sure I’ve read on here in the past, and on the few sites I’ve just looked it, it is looked at unfavourably in WRC hearings if the employee claims they had to leave, but didn’t exhaust the grievance procedure first.

And again, the problem, which the op hasn’t disputed, that the employer had and the reason it seems for the disciplinary, is that the employer could not contact the employee during business hours. If that was the case, it would be fairly obvious why they may need someone to cover the employees work

You mention the employee’s personal pressures, this of course explains the employee’s reasons for not being available for work, and it certainly reflects badly on the employer that they didn’t consider this, but Sour Lemonz, that is not to say they are required to. If you are consistently absent from work without leave, you too would be in bother, particularly if you weren’t informing your employer of your absence as seems to be the case here.

Lastly, if the employee is claiming her child’s Doctor's have asked her to quit her job, and she is doing so to be with her child, as any parent would at a time like this, that in itself may be offered by the employer as a more valid reason for resignation than CD,, the last thing she probably needs is the stress of a WRC hearing where she is going to have to explain everything.

Again, personally I think the op would have a stronger case if she had attended the disciplinary, just sat there, took notes and said as little as possible.

Fresh air helps!

Hi again and thanks for all the comments. She won’t be taking an unfair dismissal case she couldn’t be bothered she has more important things to consider right now. It won’t happen down the line either she is just putting it down to experience. She just wants to be left in peace and for the calls, emails and she even got a letter in the post from them rejecting her resignation. She doesn’t care she just wants out and to get on with things now she doesn’t have the time or energy to meet with them it’s constantly being asked when she explained it’s just not possible. Her employment was ceased by her employer she checked herself again and saw it. I suggested she tell the medical team the extra pressure she is under and ask can they help as it was the head consultant that asked her to quit her job if at all possible and it’s not a priority now she has to be focused on her family now without any outside distractions.

whampiri

Fresh air helps! wrote: »

Hi again and thanks for all the comments. She won’t be taking an unfair dismissal case she couldn’t be bothered she has more important things to consider right now. It won’t happen down the line either she is just putting it down to experience. She just wants to be left in peace and for the calls, emails and she even got a letter in the post from them rejecting her resignation. She doesn’t care she just wants out and to get on with things now she doesn’t have the time or energy to meet with them it’s constantly being asked when she explained it’s just not possible. Her employment was ceased by her employer she checked herself again and saw it. I suggested she tell the medical team the extra pressure she is under and ask can they help as it was the head consultant that asked her to quit her job if at all possible and it’s not a priority now she has to be focused on her family now without any outside distractions.

She should ensure that she sends them a short email setting out that she has resigned and does not want any further correspondence from them either via calls, texts or emails or any other medium. Given the circumstances, contact will be construed as harassment and will be reported to the relevant authorities.

The last part is just to ensure that they know that she doesn't want to be contacted. It's not something that she'll actually carry out unless there's a number of contact attempts.

Dav010

whampiri wrote: »

She should ensure that she sends them a short email setting out that she has resigned and does not want any further correspondence from them either via calls, texts or emails or any other medium. Given the circumstances, contact will be construed as harassment and will be reported to the relevant authorities.

The last part is just to ensure that they know that she doesn't want to be contacted. It's not something that she'll actually carry out unless there's a number of contact attempts.

Or, she could just ask for a good reference en lieu of the way she was treated.

Clareman

Stepping back a bit and trying to get away from the technicalities of the whole thing because let's be honest the poor employee has enough to be going through.

The employee is going through a terrible time, and absolutely horrendous time that most of us could only imagine, she has been doing her best to manage the situation for a while now but every change (new manager, escalating illness, COVID) is putting more and more strain on her and it looks like she's not coping. Reading between the lines for a lot of posts I would say that the employee doesn't want to tell her employer everything she's going through, she's a strong person who's used to keeping everything together who everyone depends on, the thought of her showing weakness to anyone let alone her boss just wouldn't occur to her.

I would say that she talks to her boss, she explains that her son is extremely ill and that she's going to have to step back for a bit that the doctors have recommended her take a year or whatever, let her explain that she's happy to help out when she can but her family has to come first at the moment so she's going to have to resign and claim her stamps for a bit. Worst case scenario the boss is a heartless **** and cuts her off immediately, best case scenario they lets her go on a career break for a year or so, middle ground they help her sort out the social welfare.

My 2 cents, be honest with the employer, explain everything and be helpful, no point in burning any bridges

1hnr79jr65

@Dav010, Didn't wanna quote your whole post and have a brick wall, I do agree with some of your points, only arguing devils advocate about the process of attending meetings being potentially hostile as reason not to attend due to added stress.

However this point is now moot as op's friend has decided not to follow that route. Also agree with seeking a good reference.

@Whampiri, you make good point to cease contact also with email for finality.

@OP, your friends employer can send any rejection letter they like, they cant force your friend to remain in their employ. Definitely for her own mental health and ability to care for her family it is a good move just to break free.