I was recently signed off work due to stress. I was off for 4 weeks when my pay was stopped. This was explained as exceeding 6 weeks absence in any 12 month period, having had 2 weeks off earlier in the year.
In my contract, however, there is managerial discretion to waive this stoppage, dependant upon the circumstances of the absence, which has recently been applied to 2 managers from my office who were absent long term due to injuries sustained accidentally at home-both female-
The situation this created for me was extemeley worrying and worsened my illness considerably.
I spoke at length with my line manager and asked for discretion to be applied as I could not begin to attempt recovery until I had financial support.
The company were adamant tht my pay was stopped.
I was not well enough to return to the environment causing my illness but I also had to earn an income. I therefore had to resign and have begun efforts to seek employment elsewhere.
The company are now, unbelievingly, attempting to withhold my 2 weeks holiday pay which is owed to me.
As I went on holiday with my family whilst off sick, they are trying to deem this as holiday pay.
I am considering whether this affair constitutes constructive dismissal and would welcome advice.
Steve Kinsella