I'm in the wrong -any legal advise

[july]

Hi, geeks, I need some advise here. I'm working part time in an office and I had a couple of weeks of sick during which i have done some treatments. My office found out and sent me an email requesting an investigation meeting as "there was an allegation that I'm working while off sick". I know I was wrong doing it, but not sure why can they do, probably dismiss me?! Anybody been i this position? I'm getting really stressed, feeling guilty about it as well.
Thanks
July

 

[VICKYBROOKES]

hi hun , have they actually got any evidence that u were doing treatments in this time , ? wonder how they found out . to be honest i would try and say it was only a one off on family member. it was wrong as u said chick to do this but im sure they cant sack u . are u expecting a baby hun? many companies cant be bothered with the hassle of taking these things to far with a pregnant women as its a lot of hassle to them regarding rights etc . if i was you i would firmly denie it and whatever u do dont say u took any form of payment for the treatment u did .

 

[Lavender-blue]

Hi there jules.

I am reading between the lines and suspect you have already had your baby?

Okay i am going to put it to you from another angle so please dont hate me.:hug:
I dont know you and am gathering that you do part time office work and part time beauty treatments?
BUT are you registered with the inland revenue as part time self empoyed? You will need to be to get away with it.
Are you insured?
Do you advertise publicly or keep it low key?

I suspect that someone is jealous and is trying to get you into trouble.

Also and i hope you wont mind me saying but i have looked thru your previous posts and have noticed that you posted in may 06 about advertising on cars.
Im not sure if you realise this but your name, address and phone number is clearly on display still, so if i were you i would go and delete it now.
Im trying to help you here hun.:hug::hug:

Maybe i should have pm'd you. No doubt someone will point this out to me.

You are obviously a dedicated therapist and enjoy doing the treatments.
Why not pack your office job in and become self employed because i think you will do very well.

Pm me if you need anything hunni.

Elaine xx

 

['chelle]

You cant make any decisions until you see what evidence they have. As someone else has said, it might be a jealous person who has made an allegation in which case they may have no evidence to support their accusation. Are you a trade union member? Give them a ring for advice if so, they will be able to arrange for a trade union rep to accompany you to this meeting.

If they do have firm evidence they are entitled to take action based on their disciplinary procedure, I would imagine that they have a system which would begin with a written warning?? Check your contract of employment.

Dont do anything until you have got some details. They might not have any supporting evidence, in which case sit smugly and say "prove it"!! No actually thats probably a bit tongue in cheek and not advisable. Dont see the meeting as a grilling, see it as a fact finding meeting, that works both ways so its your opportunity to see the facts aswell.

 

[Mrs.Clooney]

Please correct me if I am wrong, but I take it from looking at your profile and previous threads that you had your baby prematurely last year. I sincerely hope that all is well with you both as 25 weeks is very early for a baby to be born. It is possible that your little 'un has had problems which requires your dedicated attention.

The reason I say this, is that if you frequently have to take time off work due to caring for a poorly baby, it may be a possibility that your employers are trying to find any reason to dismiss you. If this is the case (I'm not saying it is), then it is wrong and unfair of them. I am assuming this is not the case as it appears you took sick leave for yourself.

However, you realize that you made an error by taking paid sick leave and then working for yourself in 'sick leave' time. Naturally this would not sit well with any employer.

I don't feel certain that you can be dismissed just like that. There are laws reguarding employers issuing verbal and written warnings prior to dismissal. I don't, however, know what your work attendance record is like. If it is poor (for whatever reason), then this may not help your case.

From an entirely personal point of view, I would not deny having worked whilst on sick leave. Lies have a habit of coming back to bite peeps in the bumb and may be logged on any future employment record. You did wrong, you know you did and you are obviously remorseful :hug:.

As an employer, I would be more enclined to act leniently with an employee admitting their error than a lying one!

If you really are afraid of being dismissed, you may need to get some legal advice. Speak to your local Citizens Advice Bureau.

 

[july]

Hi, many thanks for your reply. I had my baby prematurely, at 25wks, went back to work and I've been signed off sick again -first time since going back to work.
I was registered as a self employed until Dec last year then close it and registered as a ltd company. I'm wondering if they found out from Inladn Revenue -being end of year, will my employer hget a copy or anything of my other activity??!
I am fully insured. I don't do many treatments because of Alex, but I am passionate about it. Perhaps this is the last thing I need to pack up my job and continue with what I love doing.
I'm torn between being honest and admitting that I have done some treatments or denying?! I don't know what they know, if I deny it and they know somebody who actually had a treatment here?
I don't advertise on my car anymore, but I'm all over the internet (only my first name though, but address and phone is there as wel!).
July

 

[Mrs.Clooney]

July, my honest advice to you is to be honest with your empoyers. You come across as a lovely genuine person and you need to consider how being dishonest with your empoyers will make you feel in the long run.

Who knows, you may not be fired. You may just receive a stern warning, but at least this way you are left with a clear conscience hun.

Do you really want to keep working part time with this job? You sound like you love doing treatments. Therefore, if you can afford it, perhaps consider leaving the part time job and follow your heart instead.

Wish you well!

 

[angel fingers]

also, there is a difference between being fit enough to go in to work and do a whole day and just have enough energy to do a treatment .

they cant keep you under house arrest just because you were off sick.

 

['chelle]

July, my honest advice to you is to be honest with your empoyers. You come across as a lovely genuine person and you need to consider how being dishonest with your empoyers will make you feel in the long run.

Who knows, you may not be fired. You may just receive a stern warning, but at least this way you are left with a clear conscience hun.

Do you really want to keep working part time with this job? You sound like you love doing treatments. Therefore, if you can afford it, perhaps consider leaving the part time job and follow your heart instead.

Wish you well!

Unfortunately its not always so straight forward as "honesty is the best policy". The legal provisions surrounding this type of situation state that an employer must have firm grounds on which to base any disciplinary action, if they dont have this at present, then legally they cannot pursue a disciplinary route. If you go in there and say "yes i did it", that is firm grounds for them to react and you may have given them the tools to do something that they could not have done prior to you saying that.
When I say deny everything perhaps I've not articulated properly. More specifically, what I mean is Dont admit anything. You can decline to comment, which is not lying, but not admitting anything either. I would not say this without knowing what I'm talking about, I am a qualified legal professional with direct experience of employment law.

 

[july]

Unfortunately its not always so straight forward as "honesty is the best policy". The legal provisions surrounding this type of situation state that an employer must have firm grounds on which to base any disciplinary action, if they dont have this at present, then legally they cannot pursue a disciplinary route. If you go in there and say "yes i did it", that is firm grounds for them to react and you may have given them the tools to do something that they could not have done prior to you saying that.
When I say deny everything perhaps I've not articulated properly. More specifically, what I mean is Dont admit anything. You can decline to comment, which is not lying, but not admitting anything either. I would not say this without knowing what I'm talking about, I am a qualified legal professional with direct experience of employment law.

Thanks for your advise. That's what my instinct is, but I'm so ashamed in case thet have a witness or somebody who's been here. I have an investigation meeting next week, I feel awfull about it.

 

[Minipig007]

Hi July,

I work in an office too, and i'm not replying to give you any upset, but merely to give you my experience of this situation.

someone at work also does what they call in our office as a "hobby job" - i.e. outside of our day-to-day.... they took sick leave and worked their hobby job while off on sick pay. They were dismissed. However, you would need to complete the disciplinary procedure unless your company deems it a serious enough offence. It is more likely that you will recieve a written warning and a request for a refund of the sick pay paid to you and that you will have to keep your head down for a while rather than anything else. I would also be intrigued to establish how they came about their information, but i would certainly hop-foot it down to CAB before your investigation to see what they say re the "no comment" situation.

good luck.

 

[Colombine]

Hi July,

I am not so sure your employer has grounds for disciplinary action if for example you provided the treatment outside what would be your normal working hours, also you haven't stated why you were off sick and it is of course none of my business but whilst you might not have been fit to carry out your office duties you might have been fit to do treatment. The bottom line here is (and you do not have to answer this) were you genuiely sick or just needed some time out? and it is probably what your employer is looking at.

Either way I hope all goes well at the hearing, it might just be the push you need to start doing what you really enjoy and give up what you do not.

Keep your chin up!!!!!:hug:

 

[Mrs.Clooney]

Unfortunately its not always so straight forward as "honesty is the best policy". The legal provisions surrounding this type of situation state that an employer must have firm grounds on which to base any disciplinary action, if they dont have this at present, then legally they cannot pursue a disciplinary route. If you go in there and say "yes i did it", that is firm grounds for them to react and you may have given them the tools to do something that they could not have done prior to you saying that.
When I say deny everything perhaps I've not articulated properly. More specifically, what I mean is Dont admit anything. You can decline to comment, which is not lying, but not admitting anything either. I would not say this without knowing what I'm talking about, I am a qualified legal professional with direct experience of employment law.

chelle, my response was not in response to anything you said in your post. I never said that anybody was 'not qualified' to know what they are talking about! I was not challenging anybody. You mistakenly took this personally.

I was merely offering advice based on my personal experiences of disciplinary action. My advice was from my heart and not to critisize anybody else. I did wish july well as I know these situations can be very difficult.

We were posting at roughly the same time this afternoon. I don't like to type and then submit. I think very carefully about what I am saying! A post , like this one, can take me several minutes to type, read, change and reread! Then I hit submit! I do not even remember reading your post before typing mine!!

I did suggest the possibility of seeking legal advice and I did mention that as far as I was aware, one could not be dismissed willy nilly.