Mental health issues and absence
Q. Hello saw a work colleague is been having a bad time with mental health and they phoned HR to get some days off and they said to the person it was a bad excuse are they allowed to say that.
A. Yes, they can say what they wish, but it is probably not a good way of fostering harmonious industrial relations. More and more employers are beginning to accept mental health issues as being as serious as physical health issues, but sadly, some still consider it a sign of weakness.
Your colleague is entitled to self certify their sickness for up to 7 days, following which they will need a fit note from their GP. If the time off is for a mental health problem it is neither a good or bad excuse. It is a reason for absence and should be treated like any other. It may transpire that the health issues are prolonged and could lead to long term absence and be classed as a disability. The employer should tread carefully if that becomes the case, particularly if they maintain mental health is ‘a bad excuse’.
Post termination restrictions and notice
Q. So I have been employed with the same company for 4 years now. I recieved a copy of my actual contract on the 27th January 2022, the terms and conditions were not explained to me in full.
The company was sold and purchased again on the 22 March 2022 by another company ( still trading as the original name). So I'm looking for guidance with the following. I have a new job starting soon. My contract says - if I seek employment with a company of the same nature I have breached my contract...Surely this is illegal?? I have already accepted the offer of a new job. And can they compulsory make me work my notice period? Can I hand in a self certification or fitness statement to cover my notice period?
Sorry for all the question... I really am at a dead end.
A. Your employer has done the right thing by giving you a new contract in January. Providing it has your original start date with your previous employer that is fine. You say the terms and conditions were not explained to you, but I take it you had the opportunity to read the contract and consider it before you signed it? Did you in fact sign it?
If you did and the clause preventing you from working for a similar business for a set period is valid, then you are bound by the prohibition. If the contract was not signed you’re in the clear.
They can’t make you work your notice period, but if you refuse you may be in breach of contract and technically they could sue you for damages (very, very unlikely). You could go self certified sick for your notice period, and I assume you will get Statutory Sick Pay unless you are contractually entitled to more. You should be genuinely ill though, as any fraudulent attempt to claim sickness benefit would be gross misconduct - so dismissal with no notice (although it would make little difference as you’re leaving in any event.
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I am answering questions on:
Time off in lieu
Termination during the probationary period
On call requirement
Working time
Suspension, resignation and reference
Holiday pay
Internal move difficulties
Forcing a contractual change to working hours
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