Resigning whilst on sick leave?

Hi im wondering if someone can advise me.

I work 2 jobs

Im currently on sick leave from my 2nd job (physical work, other job is an office job) due to a knee replacement back in Jan. recovery has not been as straight forward as expected.

Whilst i am able to do my office job (20 hrs) im unable to do my physical job (22.5 hrs) and am now signed off until next week.

However i am under pressure from my employee to go back on a phased return with lighter duties.

whilst in theory this would be great i also know that i will have to up my duties before specified plus get lots of grief from other members of staff when they see im not doing the same work as them (trust me when I say this is not paranoia)

My question is, can i resign whilst im on sick leave and use my accrued holiday (owed 5 days from last year plus some entitlement this year) as my notice period.

Help/advice would really be appreciated please, im really feel so stressed about the whole situation. Thanks.
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Comments

  • You can resign, but surely your sick leave will cover you and you will be paid the days owing to you.
    If you haven't got it - please don't flaunt it. TIA.
  • Thanks Sambucus

    Im not sure how much notice i need to give, possibly 1 week as ive worked there less than 2 years.

    As my note runs out next Monday, thats less than 1 week, hence my asking about using the accrued annual leave.

    Btw, my dr has signed me fit for work from next Monday providing i get a phased return and light duties
  • *Scarlett
    *Scarlett Posts: 1,760 Forumite
    edited 12 September 2012 at 7:21PM
    As far as I know the employer will be obliged to carry over your holiday entitlement. However I don't think they are required to allow you to use this as your notice period.

    In your circumstances you may find that they would agree to this if you feel you are unable to return to the job as they would have to pay you for the accrued holidays anyway.

    You might find some more info here

    http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Resigningorretiring/index.htm
  • I'm currently signed off sick with depression and stress and have been for three months as they try to get a handle on my medication. Long story short my wife has found a job and I'm therefore going to hand my notice in as the primary factor in my situation is my work/manager.

    My employer doesn't pay sick pay but I have been receiving ssp, I'm not sure how I'm covered as follows-

    My contract states my notice period is a month, can I give a months whilst off sick and still receive ssp? Also could they make me give less notice as I've been off so long already or do they have to allow me to give the months notice?
  • kennedy316 wrote: »
    I'm currently signed off sick with depression and stress and have been for three months as they try to get a handle on my medication. Long story short my wife has found a job and I'm therefore going to hand my notice in as the primary factor in my situation is my work/manager.

    My employer doesn't pay sick pay but I have been receiving ssp, I'm not sure how I'm covered as follows-

    My contract states my notice period is a month, can I give a months whilst off sick and still receive ssp? Also could they make me give less notice as I've been off so long already or do they have to allow me to give the months notice?

    Yes. If your contract requires you to give a month's notice, then give that. You are still entitled to SSP during your notice period if you are still signed off by your GP.

    Will you want to claim benefits after your employment ends? If so, which?

    They can't make you give shorter notice although they might ask you to. But they could give you notice if what they have to give is less than the month required from you. They are unlikely to do this for various reasons.
  • Yes. If your contract requires you to give a month's notice, then give that. You are still entitled to SSP during your notice period if you are still signed off by your GP.

    Will you want to claim benefits after your employment ends? If so, which?

    They can't make you give shorter notice although they might ask you to. But they could give you notice if what they have to give is less than the month required from you. They are unlikely to do this for various reasons.[/QUOTE

    The wife will be working 17 hrs a week which will bring in roughly what I've been getting from being sick (been getting tax back every week to bring total to about £100). So we won't be any worse iff though not exactly flush, its my understandung that if I quit my job I have to wait 26 weeks before I can claim anything, is that right?
  • kennedy316 wrote: »
    Yes. If your contract requires you to give a month's notice, then give that. You are still entitled to SSP during your notice period if you are still signed off by your GP.

    Will you want to claim benefits after your employment ends? If so, which?

    They can't make you give shorter notice although they might ask you to. But they could give you notice if what they have to give is less than the month required from you. They are unlikely to do this for various reasons.[/QUOTE

    The wife will be working 17 hrs a week which will bring in roughly what I've been getting from being sick (been getting tax back every week to bring total to about £100). So we won't be any worse iff though not exactly flush, its my understandung that if I quit my job I have to wait 26 weeks before I can claim anything, is that right?

    Though you can be "sanctioned" and lose entitlement to JSA you can still sign on as unemployed and receive NI credits during that period. In fact, waiting for six months and then signing on doesn't mean you would not be sanctioned so you might as well sign on - if you are fit for work and looking for work.

    Presumably you are getting tax back each week because this is through your employer operating PAYE and your tax code releasing over-payment from previous weeks. That mechanism will cease when you are no longer employed.

    Are you sure you want to resign?

    Better, perhaps, to at least wait until your medication is sorted. However, discuss with your medical advisers about the effect there might be if you returned to work but in a different environment.
  • getmore4less
    getmore4less Posts: 46,882
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    kennedy316 wrote: »
    I'm currently signed off sick with depression and stress and have been for three months as they try to get a handle on my medication. Long story short my wife has found a job and I'm therefore going to hand my notice in as the primary factor in my situation is my work/manager.

    My employer doesn't pay sick pay but I have been receiving ssp, I'm not sure how I'm covered as follows-

    My contract states my notice period is a month, can I give a months whilst off sick and still receive ssp? Also could they make me give less notice as I've been off so long already or do they have to allow me to give the months notice?

    How long have you worked there?

    it may be they have to pay you full pay for your notice even if off sick.
  • How long have you worked there?

    it may be they have to pay you full pay for your notice even if off sick.

    I've been there for just over a year, started August 2011 but have gone through the year date whilst off sick.

    There are other contributing factors to my current state but one of the major ones is the complete idiot of a manger who over the course of the last 12 months has pushed me to where I am with his constant unbelievable lack of personable and managerial skills. There have been many complaints from multiple sources and HR have been involved but done nothing. Nowt has happened between him and me directly but after hearing constantly from others complaining to me and then discovering myself he was stealing our tips I reached breaking point and along with other issues I ended up and medication (this has nothing to do with my original query I guess but adds background to my situation).

    My firm only pay sick pay for things like cancer but they did agree to pay me a week's full pay on my first week off, since then I have been receiving ssp and like I said £14 a week back in tax. The notice period in my contract is a month so ill give my notice after seeing the doctor this coming Wednesday, he has been signing me off two weeks at a time as he realises that putting myself back into the situation at my job would be detrimental to my health.

    I would have quit before but as little as it is the ssp has been better than nothing. The few hours my wife now has covers the money we have been getting which is why I'm now confident to quit.

    I have been/am looking for work anyway but now am thinking eork may try to screw me on notice an where would I stand on holidays. Guessing I don't accrue them for time off sick so if I took more than entitlement for period upto being signed off would they claw money back?
  • Savvy_Sue
    Savvy_Sue Posts: 45,936
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    kennedy316 wrote: »
    I have been/am looking for work anyway but now am thinking eork may try to screw me on notice an where would I stand on holidays. Guessing I don't accrue them for time off sick so if I took more than entitlement for period upto being signed off would they claw money back?
    you DO accrue leave while you're off sick, and throughout your notice period. If you can, I'd work out what you're owed and write that in your notice letter, eg "I have taken x days leave since ... (start of leave year), and believe I am entitled to a further y days (you'll need to work this out in proportion to when the leave year starts). I would be glad to receive this with my final wages."
    Signature removed for peace of mind
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