Statutory nootice

LegacyUser

Hi all, I'm going unreg'd for this. Basically I have been out sick from my job for a number of months due to an unsafe working environment. My employer made a half effort to address the problem and then just stopped all communications with me. I wrote to them asking them to resolve the issue or I would be considering myself dismissed. I have heard nothing back.
I will be handing in my notice next week and making it clear I consider myself unfairly dismissed.
As I am out sick and covered by a medical certificate, do I still have to give statutory notice? Am I entitled to be paid for the statutory period even if I am not going to be working it?
Any thoughts/advice appreciated.

Tubberadora

I think statutory notice only applies if the employer is leaving you go. You just give your contracted notice or one week whichever applies. I'm open to correction.

seamus

You are required to give the appropriate notice as per your employment contract. Statutory notice only applies where you contract has no notice period, or the statutory period is longer than the contract period.

You are not entitled to be paid for the period of your notice if you're out sick, however you are entitled to be paid for holidays accrued during your sick leave period.

Stheno

seamus wrote: »

You are not entitled to be paid for the period of your notice if you're out sick, however you are entitled to be paid for holidays accrued during your sick leave period.

Seamus,

Sorry for being picky but my understanding is that the entitlement to accrue holidays during sick leave only came into effect on the 1st August this year?

http://www.djei.ie/en/News-And-Events/Department-News/2015/August/04082015.html

seamus

Stheno wrote: »

Seamus,

Sorry for being picky but my understanding is that the entitlement to accrue holidays during sick leave only came into effect on the 1st August this year?

http://www.djei.ie/en/News-And-Events/Department-News/2015/August/04082015.html

Ah. No need to apologise. I think the technical issue was that employees had to accrue holidays according to EU law, but I wasn't aware that Irish law had only caught up recently. So you're right, holidays to be paid out will only accrue since the start of this month.

LegacyUser

seamus wrote: »

You are required to give the appropriate notice as per your employment contract. Statutory notice only applies where you contract has no notice period, or the statutory period is longer than the contract period.

You are not entitled to be paid for the period of your notice if you're out sick, however you are entitled to be paid for holidays accrued during your sick leave period.

OP here, I had no contract so I will have to give statutory notice is that correct? Im in the 5-10 year bracket so 4 weeks.
Is this still the case if its considered a dismissal. Ie I am leaving but not of my own accord, leaving as I had no choice so consider myself dismissed. Does this make sense?

seamus

dismissed1 wrote: »

OP here, I had no contract so I will have to give statutory notice is that correct? Im in the 5-10 year bracket so 4 weeks.

No, statutory notice for an employer to terminate in that instance is 4 weeks.

For you, you only have to give one week.

Is this still the case if its considered a dismissal. Ie I am leaving but not of my own accord, leaving as I had no choice so consider myself dismissed. Does this make sense?

You cannot self-declare that you have been constructively dismissed. Legally, you are just quitting, and therefore the rules are the same as anyone else changing/leaving job.

If you believe you have been constructively dismissed, then I would advise you speak to an employment law solicitor, who can advise you as to whether you can take a case against your employer under the Unfair Dismissals act.

Youngblood.III

dismissed1 wrote: »

Hi all, I'm going unreg'd for this. Basically I have been out sick from my job for a number of months due to an unsafe working environment. My employer made a half effort to address the problem and then just stopped all communications with me. I wrote to them asking them to resolve the issue or I would be considering myself dismissed. I have heard nothing back.
I will be handing in my notice next week and making it clear I consider myself unfairly dismissed.
As I am out sick and covered by a medical certificate, do I still have to give statutory notice? Am I entitled to be paid for the statutory period even if I am not going to be working it?
Any thoughts/advice appreciated.

Why leave your job, if it's an unsafe work place report it to the HSA, they will investigate it.

As your quitting, it's easier to fight the battle while an employee than to quit and claim you had no other choice, (constructive dismissal)...btw these can be very difficult to prove.

Have you recorded all conversations with the company...i.e.notes, emails.

LegacyUser

Youngblood.III wrote: »

Why leave your job, if it's an unsafe work place report it to the HSA, they will investigate it.

As your quitting, it's easier to fight the battle while an employee than to quit and claim you had no other choice, (constructive dismissal)...btw these can be very difficult to prove.

Have you recorded all conversations with the company...i.e.notes, emails.

I did try resolve it. I took all steps available to me. The boss started by seeming to co-operate but then just told me to leave if it bothered me that much. I offered to leave provided I be made redundant. I was told that this was not going to happen and then the boss started to cut contact with me and failed to co-operate. I sent a letter saying that if a plan was not put in place to resolve issues by a certain date that I would take it that they had no interest in finding a solution, and I would consider myself dismissed. He never replied.
I have a record of everything, as all was done through official communications. I also have records of conversations pertaining to the issue prior to me going out on sick leave.
I honestly have tried everything to resolve the issue in an amicable fashion but feel that I have been severely mistreated. I never wanted to go this route but I really see no other alternative.

_Brian

Just on a technical point, if you write to your employer handing in your notice you can't claim unfair dismissal as you haven't been dismissed at all but resigned.

Use the term "constructive dismissal" as it is applicable for your line I thought.

Youngblood.III

You can claim constructivery dismissal after you leave, state that you were left with "no option but to leave due to workplace been unsafe" and the employer would not address the issue when it was highlighted.

Mrs OBumble

Youngblood.III wrote: »

You can claim constructivery dismissal after you leave, state that you were left with "no option but to leave due to workplace been unsafe" and the employer would not address the issue when it was highlighted.

OP, I'd very strongly recommend independent advice about the safety issues, and good legal advice about the employment ones. What you need is wayyy more than you can expect from randoms on the internet.