sick leave /handing in notice due ill health
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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
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.0 -
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....
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.0 -
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.
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 examplesAlways ask ACAS0 -
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 do0 -
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
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 adviceAlways ask ACAS0 -
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
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 enhancement0 -
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.
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.0 -
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 enhancement0
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I would not recommend he hands his notice in, you never know what is around the corner, you could break your leg tomorrow and can't work for a while. Morally I do not see that your OH is doing anything wrong, you cannot help being ill and the laws are on place to protect employees. There is nothing stopping the employer dismissing your OH on the grounds of ill health which would be a win-win, as they do not have to pay or hassle and you get the security of the welfare system should you need it.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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