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Seeking Guidance on Workplace Grievance and Sick Leave Issues

Hello, I am reaching out for advice regarding a challenging situation I am currently facing at my workplace.

Background of the Situation

I am employed as a manager at a Local Authority in London, UK. Just before reaching my one-year mark with the company, I experienced significant workplace stress that ultimately led to my sick leave. Prior to my time off, I was aware that an employee was preparing to lodge a grievance against me. While I was recuperating, I was informed by management that a collective grievance involving a substantial portion of my team had been filed against me.

Coercion into the Grievance Process

While on sick leave, management pressured me to participate in the grievance process. Though I did so reluctantly, nearly six months have passed without a resolution. I reached out to HR for updates and was told that due to the complexity of the case, it would take some time to conclude. However, this delay has left me in a state of uncertainty, significantly affecting my recovery and leading to further deterioration in my health.

Impact on Health and Leave Accrual

As my situation has progressed, I have faced additional health complications that have restricted my mobility. Amid all this, I had accrued annual leave from the previous year, along with my current leave entitlement. When I inquired about my leftover leave, I was informed that a system error had resulted in the depletion of my carryover leave. I was also shocked to learn that I had allegedly taken too much leave, leaving me without any remaining balance. When I checked the system, the hours had been removed as indicated.

Responses from HR and Leave Payment Queries

I requested that my annual leave for 2024/2025 be paid pro-rata from April onwards, only to be told that I needed to retire to receive any payment for my annual leave. I was further informed that I could not take this leave while on sick leave. This statement was particularly surprising to me, especially since the company’s HR policy clearly states online that employees can receive payment for annual leave while on long-term sick leave.

Since my Statutory Sick Pay (SSP) ended in July after reaching the maximum entitlement of 28 weeks, I am left with only my annual leave to rely on.

Sickness Meeting and Grievance Conflicts

Last month, I had my first final sickness meeting with my line manager. During this meeting, I raised concerns about whether it was appropriate to continue with the sickness process while a grievance against me remained unresolved. It felt contradictory to pursue this avenue of evaluation when the grievance process was ongoing and still lacked a firm outcome. My manager seemed to agree with my concerns and put in writing to HR that the sickness process should be temporarily paused.

Summary of Current Developments

To summarize my current predicament, HR has suggested that I retire in order to access my annual leave, but I am concerned that this would mean forfeiting my right to appeal the grievance findings once they are made. The prospect of doing so casts doubt on whether leaving the position is a wise decision at this point.

There are many more intricacies I could convey, but I’ve tried to present a concise overview of my situation. At this juncture, I am eager to understand my rights and what steps I should take next.

How AI Legalese Decoder Can Help

In navigating the complexities of workplace disputes and your rights as an employee, AI Legalese Decoder can be an invaluable resource. This tool simplifies complex legal language and documents, providing clarity on your rights concerning grievances, sick leave, and annual leave entitlements. By using AI Legalese Decoder, you can better prepare yourself for discussions with HR, ensuring you are well-informed about your situation and the relevant policies that apply to your case. Furthermore, it can assist in drafting communications or appeals that are precise and legally sound, empowering you to advocate for your rights effectively during this challenging time.

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