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  • FIRST POST
    amberspy
    sick leave /handing in notice due ill health
    • #1
    • 20th Apr 10, 1:30 PM
    sick leave /handing in notice due ill health 20th Apr 10 at 1:30 PM
    hi there wondering if anyone can help me with this
    my husband was been off work for quite a while now due to ill health and is on half pay sick leave doctor thinking he wont be able to return to work for while yet so hes going to hand his notice in thing is he has to give 4 wks notice and is wondeing when he hands it in will he still get half pay sick leave for them 4 wks notice or will it stop the day he hands notice in as we not sure
    thanks
Page 1
  • angel.cake
    • #2
    • 20th Apr 10, 1:46 PM
    • #2
    • 20th Apr 10, 1:46 PM
    If he resigns, they have to give him the statutory minimum notice period but whether this is the half sick pay that he has been receiving or not, I'm not sure.

    Try www.direct.gov.uk there is usually plenty of employment advice on there.
    You do have rights......but you still need common sense.
    • McKneff
    • By McKneff 20th Apr 10, 1:53 PM
    • 34,552 Posts
    • 44,452 Thanks
    McKneff
    • #3
    • 20th Apr 10, 1:53 PM
    • #3
    • 20th Apr 10, 1:53 PM
    If he resigns, he may be sanctioned if he is going to claim benefit.
    why doesnt he just hang on till he can return to wor or wait and let his employer dismiss him when and if.
    Its probably best in the long run.
    No one can make you feel inferior without your consent
  • mazza111
    • #4
    • 20th Apr 10, 1:59 PM
    • #4
    • 20th Apr 10, 1:59 PM
    yep totally agree, hang on in there if you can. It may be that the company has some sort of pay off for people who are long term sick, a lot do. Is it just his job he wouldn't be able to do? Or would he be able to do some other sort of work with his condition?
    4 Stones and 0 pounds or 25.4kg lighter
  • Pinnacle
    • #5
    • 20th Apr 10, 2:23 PM
    • #5
    • 20th Apr 10, 2:23 PM
    If he resigns he maybe sanctioned from benefits and have problems with PPI or other insurance policies, etc, as it would be a voluntary decision. He should not resign but wait until his employer takes action. If he does resign however he must state the reason as ill-health to keep the options at least partly open. Any pay due in the notice period would be as per contract, so if on half pay then it would be half pay unless it expires during the notice period.
    My replies to posts are based on my experience and are offered only as helpful comments, and not in any professional capacity, nor as definitive advice or guidance that should be acted upon. Appropriate professional guidance should be sought where necessary.
  • amberspy
    • #6
    • 20th Apr 10, 2:39 PM
    • #6
    • 20th Apr 10, 2:39 PM
    If he resigns he maybe sanctioned from benefits and have problems with PPI or other insurance policies, etc, as it would be a voluntary decision. He should not resign but wait until his employer takes action. If he does resign however he must state the reason as ill-health to keep the options at least partly open. Any pay due in the notice period would be as per contract, so if on half pay then it would be half pay unless it expires during the notice period.
    Originally posted by Pinnacle
    hi thanks he wouldnt be claiming benfeits as im working part time and mite go full time if work allows me to but aware our work tax would go up for short time if he not working and until i start full time ??????????
    cheers
  • Pinnacle
    • #7
    • 20th Apr 10, 2:55 PM
    • #7
    • 20th Apr 10, 2:55 PM
    hi thanks he wouldnt be claiming benfeits as im working part time and mite go full time if work allows me to but aware our work tax would go up for short time if he not working and until i start full time ??????????
    cheers
    Originally posted by amberspy
    Depends on which of you is/was eligible for WTC and for what reason. It could stop altogether. Hope you have notified HMRC already as the household income has already dropped and so should have been reassessed. Depending on the household income and composition (children, etc), do not write off any benefits that you could be eligible for.
    My replies to posts are based on my experience and are offered only as helpful comments, and not in any professional capacity, nor as definitive advice or guidance that should be acted upon. Appropriate professional guidance should be sought where necessary.
  • amberspy
    • #8
    • 20th Apr 10, 3:06 PM
    • #8
    • 20th Apr 10, 3:06 PM
    Depends on which of you is/was eligible for WTC and for what reason. It could stop altogether. Hope you have notified HMRC already as the household income has already dropped and so should have been reassessed. Depending on the household income and composition (children, etc), do not write off any benefits that you could be eligible for.
    Originally posted by Pinnacle
    hi again i get dla so i got disabiltly element in wtc hubby as informed wtc when he was on half pay and was sorted and got but more payout if he did resign our income when go down and i would be about to get wtc as only earn 7000 a year
    thanks
    forgot say we have 3 children
  • Uncertain
    • #9
    • 20th Apr 10, 4:25 PM
    • #9
    • 20th Apr 10, 4:25 PM
    Do take careful advice on this before he considers resigning.

    In almost all circumstances it is best not to resign on health grounds. Sit tight and let the firm make all the moves.

    Remember also that he continues to accrue paid holiday even when on unpaid sick leave. So the firm has to pay him in full for at least 5.6 weeks per year while he remains on the staff.
    PLEASE NOTE:

    I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.
  • amberspy
    Do take careful advice on this before he considers resigning.

    In almost all circumstances it is best not to resign on health grounds. Sit tight and let the firm make all the moves.

    Remember also that he continues to accrue paid holiday even when on unpaid sick leave. So the firm has to pay him in full for at least 5.6 weeks per year while he remains on the staff.
    Originally posted by Uncertain
    thanks
    have been been geting a few advice on him not to resign can u give me the pros and cons on resigning due to ill health
    thanks
  • jdturk
    thanks
    have been been geting a few advice on him not to resign can u give me the pros and cons on resigning due to ill health
    thanks
    Originally posted by amberspy
    Morally if you are not going to work for the company again then you are right to resign and not be a burden on the company....however as I am sure Uncertain will say that Morals do not pay the bills and if it is part of the contract then you are entitled to it (is he entitled to half pay forever or for only a certain period of time?)
    Always ask ACAS
    • Mupette
    • By Mupette 20th Apr 10, 5:10 PM
    • 4,075 Posts
    • 6,681 Thanks
    Mupette
    I resigned from work last year after being off sick for a few months, i was on half pay, i wasn't sanctioned from benefits because i was sick.
    although i did have to wait until my sick pay ran out before i could claim esa.

    GNU
    Terry Pratchett
    ((((Ripples))))

  • Uncertain
    thanks
    have been been geting a few advice on him not to resign can u give me the pros and cons on resigning due to ill health
    thanks
    Originally posted by amberspy
    Pros

    Holiday Pay (5.6 weeks per year on full pay)

    Other employee benefits (if any)

    If they terminate his employment they may not get the procedure right opening the possibility of making a claim for unfair dismissal. If his illness amounts to a disability (in the legal sense) then he has extra protection.

    They may offer him a compromise agreement (payment in exchange for signing away right to make a claim)

    He would not have intentionally made himself unemployed which could make claiming benefits harder.

    Cons

    May have to see occupation health doctor (at firms expense)

    Hassle of dealing with firm and possibly having to assert his legal rights.
    PLEASE NOTE:

    I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.
  • Uncertain
    Morally if you are not going to work for the company again then you are right to resign and not be a burden on the company....
    Originally posted by jdturk
    I totally disagree.

    Providing the illness is genuine (and I'm sure it is) then he is fully entitled to whatever benefits his contract of employment and the law entitle him to. This is the "package" he and the firm signed up to when he joined.
    PLEASE NOTE:

    I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.
  • jdturk
    I totally disagree.

    Providing the illness is genuine (and I'm sure it is) then he is fully entitled to whatever benefits his contract of employment and the law entitle him to. This is the "package" he and the firm signed up to when he joined.
    Originally posted by Uncertain

    Which is what I kinda said in the sentance, rather than just segregating the beginning, if the sick pay is 6 months then fair enough it's not a moral situation, if the sick pay is unlimited then there is ultimately a moral issue as you cannot just go on forever on sick pay, there is the moral issue of the work being spread around other employees, there is the moral issue of the burden on the company in terms of cost etc, there is the moral issue of self hinderance (ie the person being comfortable on the sick pay and not actually benefitting from the time of and looking to progress back to work etc

    I am not saying this is what is happening here as these are just generic examples
    Always ask ACAS
  • amberspy
    hi thanks again
    he doesnt attend to work for that company again he does have a good penison which he should be able sort out if he leaves
    hes got another 3 months on half pay at mo
    he also been to see OH service who told his work he unfit to work at mo but really doesnt stop his work presuring him when he going to return etc
    we do have savings put aside for rainy days so we would be ok for a while
    im happy to support him wotever he decides to do
  • jdturk
    hi thanks again
    he doesnt attend to work for that company again he does have a good penison which he should be able sort out if he leaves
    hes got another 3 months on half pay at mo
    he also been to see OH service who told his work he unfit to work at mo but really doesnt stop his work presuring him when he going to return etc
    we do have savings put aside for rainy days so we would be ok for a while
    im happy to support him wotever he decides to do
    Originally posted by amberspy
    If he has three months worth of half pay then I would suggest as others have not to resign, because a) you will get pay for this time of half pay, b) you'll accrue holiday payment which will help pay for the 4th month.

    It keeps the pressure of you for a bit longer and gives you a bit longer to look at the future prospects

    Speak to ACAS for more advice
    Always ask ACAS
    • Andy L
    • By Andy L 20th Apr 10, 5:52 PM
    • 7,719 Posts
    • 5,809 Thanks
    Andy L
    hi thanks again
    he doesnt attend to work for that company again he does have a good penison which he should be able sort out if he leaves
    Originally posted by amberspy
    That (together with 1/2 pay for long term sick) implies he has some sort of final salary pension scheme. If so they often include some form of medical retirement enhancment to the pension if you have to give up work because of ill health. If that's the case then resigning means he would lose that enhancement
  • ceridwen
    I totally disagree.

    Providing the illness is genuine (and I'm sure it is) then he is fully entitled to whatever benefits his contract of employment and the law entitle him to. This is the "package" he and the firm signed up to when he joined.
    Originally posted by Uncertain
    Ummm....this is where we get into a quagmire. Morally - OP would be doing the "decent thing" to resign. Practically he wouldnt.

    It's a toss-up between the two in the event.....and a dilemma.

    It is sometimes up to the person themselves to decide where to "draw the moral line" on the one hand and "stand on their legal rights" on the other hand.
  • amberspy
    That (together with 1/2 pay for long term sick) implies he has some sort of final salary pension scheme. If so they often include some form of medical retirement enhancment to the pension if you have to give up work because of ill health. If that's the case then resigning means he would lose that enhancement
    Originally posted by Andy L
    hes got penison there not sure wot kind thou
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