Q&A: Employment Doctor - July/August
25 June 2009
- Q1. A colleague has been threatened with disciplinary action because he has been active in PCS’s Make Your Vote Count campaign. Does our manager have the right to do this?
- Q2. I am off work on long term sick leave and my doctor tells me I should not go back. My union representative and employer say I can end my employment with a compromise agreement. What does this mean?
- They have also said I will be paid in lieu of notice for 12 weeks, but because I have been off work for so long I will only be paid 12 weeks’ notice calculated on half pay. Is this right?
- Q3. My seven-year-old daughter’s school was shut one day last month due to a water leak. As I could not make other arrangements to look after her at such short notice I had to take the day off work. My boss is now refusing to pay me for the day. Can he do this?
- Q4. I recently discovered my contract contains a mobility clause. As a working mother it would be completely impractical to have to move to another part of the country, especially as my husband earns significantly more than me. Can I be sacked for refusing to move?
Disciplinary action due to PCS’s Make Your Vote Count campaign activity
Absolutely not. As long as the activity is reasonable or lawful it is illegal for an employer to discriminate against an employee on the basis of their trade union activities.
Your colleague should speak to his PCS rep as soon as possible to get advice and support.
Compromise agreements and payment in lieu of notice
A compromise agreement is simply an agreement between you and your employer that confirms the terms on which you will be leaving your job.
The main purpose of it, from the employer’s point of view, is to prevent you taking an employment dispute to tribunal once the agreement has been signed.
To comply with the relevant law you will need to obtain independent legal advice regarding the details of the compromise agreement. PCS can arrange this for you at no extra cost.
In terms of your notice payment, you will be entitled to the amount set out in your contract, so you will be entitled to the 12 weeks’ contractual notice at full pay if your contract states you are entitled to 12 weeks’ pay in lieu of notice.
As a rule of thumb, most civil servants get a week’s pay for every year of service, with a minimum of four weeks and a maximum of 12.
If you have any other specific concerns about these matters make sure your raise them with your union representative.
Time off for ‘unexpected disruption’
The law says you can take time off work to care for a child or other ‘dependent’ when an ‘unexpected disruption’ occurs to your usual care arrangements. Although your employer must allow a reasonable amount of time off to deal with the emergency she or he does not have to pay you for the time.
It would be a good idea to ask your PCS rep whether there are any agreements on this where you work and to check how your employer usually treats such absences. There may be arrangements for this to be counted as special paid leave.
You may also be able to show that by custom and practice your employer always pays in these circumstances and that this has therefore become a contractual right.
As a last resort you may be able to persuade your employer to pay you as a gesture of goodwill.
Employment contracts with mobility clauses
A mobility clause enables an employer to transfer you to another place of work. However, if you complained about a proposed transfer, the courts would usually limit the operation of the clause to take account of where you have worked previously, the necessity of the move and your individual circumstances.
If you are dismissed for refusing to relocate, and the relocation is deemed unreasonable by a tribunal, you may have a right to claim unfair dismissal.
Keep an eye on your PCS noticeboard for union meetings where you can raise your concerns or speak to your local rep.
The information contained on this page is not intended as legal advice on individual cases. If you have a query about your employment rights please contact your PCS rep. The employment doctor cannot answer individual queries.
With thanks to Thompsons Solicitors and the PCS legal and personal case department.
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