Tuesday Q&As

17.1.23

More questions from the workplace . . . .

• Consequences of resigning whilst on suspension

• Continually passed over for promotion. Is it victimisation?

• Pay for travel to the first customer, or not? What’s the position?

• Holiday carry over or pay instead?

• SSP query

• Still having to accrue holiday after 4 years. Is that right?

• Does a reduction in the working week mean a reduction in holiday entitlement?

• Probable disability discrimination

• Holiday pay query

• Emergency time off for dependents

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Consequences of resigning whilst on suspension

Q. I’m current going through a disciplinary and been on suspension for a long time and in this time I have looked for a new role as I feel that I’m not going to keep my current role due to the amount of time this has been going on for.

I have been offered a new role at a new company and need to hand my notice in  to my current employer and wondered how I would stand in if I was to resign with immediate effect and not give or work any notice period? I understand this can affect my reference which leads me on to asking should I be open and honest with my new employer about what is happening? I greatly appreciate you advice with this.

A. I can’t speak for your employer, but I would assume they would jump at the prospect of you leaving having been suspended for a prolonged period. They will not have to undergo any disciplinary meetings/appeals with you, so they will undoubtedly save time and resources if you were to quietly go.

I don’t see them raising an issue if you don’t provide sufficient notice because you are suspended and not working. However, I would advise that you contact them and explain your position. Ask that if you were to leave immediately, you would forgo any notice pay and expect a neutral reference in return.

At the end of the day, they could deal with the disciplinary in your absence and note on any future reference that you would have been dismissed for gross misconduct but resigned before being dismissed. You have nothing to lose.

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Continually passed over for promotion. Is it victimisation?

Q. Hi Tim, I love the tiktok vids and thought that I would reach out to see if you had any advice. I work as a retail manager and have done for the last 12 years. I have been trying to gain promotion for the last 24 months. Here are the facts about that time [significant sensitive facts supplied]. I feel that I am being victimised, with store managers agreeing that this isn't fair. I have so far not raised any type of formal action. I believe my only next step is to leave the company. Do you have any advice for me? 

A. From what you say the company has had ample opportunity to promote you but are refusing to do so. You have achieved better results than those promoted above you and you appear more qualified and committed. So, something is holding the Company back from promoting you.