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Can I resign while on sick leave?
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# 1
Fiona Durham
Old 04-09-2009, 8:13 PM
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Unhappy Can I resign while on sick leave?

I'm looking for some advice please if someone could help me.

I'm sorry if this post is a bit long...

I've been at my current place of work for five years and have really loved my job. However, we've just had a change of management and my new boss doesn't like me. Neither does my new supervisor (who is the boss' best friend) or my new clerical officer (who is the boss' daughter). The new boss is bringing in all of her family and friends to work and all of the old staff are gradually getting pushed out. Things have been going down hill progressively and I started getting more and more stressed until I couldn't face it anymore.

I was signed off sick by my doctor four weeks ago and have just received another sick note for four weeks due to expire on 1st October. However, I don't think my doctor will sign me off again, as he says that if I can't work there and can't resolve the problem then I have to find another job and can't sit on the sick forever. I do agree with him and am looking for other jobs. However, since been signed off the last time my dad has been diagnosed with terminal cancer and my mother has also been taken ill. I'm obviously very upset and cannot think about going back to work.

My question is, can I resign from work whilst on sick leave? I really don't want to go back there at all and couldn't even face working my notice period, which is four weeks. If I resigned and refused to go into work my notice period, could they sanction me in any way?

I'm sorry this was so long and thanks for reading.
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# 2
sammyjammy
Old 04-09-2009, 8:59 PM
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Bless you, of course you can resign any time you like, are you getting sick pay at all? If you are why not give yourself a bit of breathing space and do it when the sicknote runs out.

Put yourself first, sometimes things just aren't worth the stress.

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# 3
LittleVoice
Old 04-09-2009, 9:05 PM
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Sure you can resign.

Looking to the future and the need to explain your leaving your current employer, I'm sure the need to spend time with your family would be understood.
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# 4
tandraig
Old 04-09-2009, 9:11 PM
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of course you can resign - but i notice that you said a change of management do you work for a large or small company hun? i dont want to say much more until you clarify as i may say wrong thing?
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# 5
Fiona Durham
Old 04-09-2009, 9:35 PM
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Quote:
Originally Posted by tandraig View Post
of course you can resign - but i notice that you said a change of management do you work for a large or small company hun? i dont want to say much more until you clarify as i may say wrong thing?
hiya tandraig, thanks for your reply.

i work for the citizens advice bureau. it's a bit of a joke really, as they're supposed to stand up for employment rights, etc. it's classed as a charity and we have a board of trustees (who i've never met and don't know) and an overall manager and a contracts manager.
my previous boss was amazing, but she left due to stress about a year ago.

any advice you could give would be much appreciated. i was a debt adviser at the cab and know nothing about employment!
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Last edited by Fiona Durham; 04-09-2009 at 9:39 PM.
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# 6
elsien
Old 04-09-2009, 9:54 PM
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I don't see why you can't resign.
Someone did that on me once, was off sick with stress and the day she was due back, she put a note in the letter box resigning effective immediately. Nothing that can be done - they have to pay your sick pay, so your pay just stops when you don't go back. Maybe a few technicalities to sort out re who owes who for holiday and that sort of thing but nothing major.
If you really feel you can't go back, that's your choice, but before you make any final decisions think about the money side of things - not my area, but would it affect any benefits you'd need to claim if you didn't have another job to go to? If you resign, doesn't it count as you being deliberately unemployed?

Don't make any hasty decisions before you see your GP again - you don't need to wait till your sick note runs out if you're really worried. From what you've said your GP was rightly concerned about you drifting and not resolving the situation (my GP said exactly the same thing to me when I was off work with stress, so I know how you feel). But that was when it was just about work. Now it's about other things going on in your life as well, and if you're not coping they may well think about signing you off for longer than originally planned.

Hope things get better for you soon.
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Pedant alert - it's could have, not could of.
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# 7
viktory
Old 04-09-2009, 9:59 PM
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You can resign whenever you like; in fact I would ensure that my resignation went in before my sick note ended so I didn't have to work notice. However, be advised that any claim for JSA is likely to be sanctioned - this can be for up to 26 weeks.
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# 8
tandraig
Old 04-09-2009, 10:13 PM
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right - got the picture a bit better now. you work for local cab and the overall management has changed in your branch? i would contact trustees - tell them you have worked for them 5 years and what has happened recently. dont resign yet! wait and see their response. just because they are a charity it doesnt mean they abdicate their responsibilities as employers. You can tell your doctor the situation and ask if he can continue sick note due to stress. er - he cant tell you to resign your job - its not his decision is it? i am sure other posters can tell you more about this but i really dont think that he can tell you to resign your job.
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# 9
elsien
Old 04-09-2009, 10:23 PM
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No, the GP can't tell you someone to resign, but they can stop giving the sicknotes if they feel they have good cause. However I really think in this situation with everything else that's going on in the OP's life that's unlikely at the moment.
If you're up to it though, definitely take your grievance further up the line. I don't know how CAB operate nationally, but your manager must have a line manager you could approach, or a HR department? What does your contract say about lines of responsibility?
If you're not sure, try ACAS for their advice. There's always the possibility of looking at constructive dismissal further down the line, but that's hard enough for someone who's well, let alone someone who's already stressed. Plus you'd probably have to show you'd done all you could to sort it out within the organisation first.
All shall be well, and all shall be well, and all manner of things shall be well.

Pedant alert - it's could have, not could of.

Last edited by elsien; 04-09-2009 at 10:25 PM.
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# 10
Fiona Durham
Old 07-09-2009, 12:31 PM
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Hi everybody, thanks for all of your replies.

I think I'm going to try and get another sick note, with everything that's going on in my family now I don't think the GP will refuse.
I sent in my second sick note to work this morning and haven't heard anything from them at all. You'd think they'd at least give me a quick call or email seeing as this is my 6th week off and I'm signed off for another 4!! Weird.

Nevermind. Thanks again for all your replies
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# 11
londondulwich
Old 07-09-2009, 6:56 PM
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A resignation in unpressurised circumstances will deprive you of certain welfare benefits for up to 6 months.

If you have another job lined up, or can depend on the support of friends and family this may not be a problem.

If you are resigning due to the unreasonable behaviour of your employer you can argue that your resignation was forced. You could say that an employee is not expected to accept the treatment you received and that a reasonable employer would not have behaved in the way your employer did with you. A resignation in these circumstances is called a constructive dismissal.

If constructive dismissal is the reason for your resignation you can still resign and be entitled to welfare benefits.

It would be in your interests to let your employer know now that the root cause of your illness is the treatment they subjected you to and your fear that if you return it will continue.
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# 12
londondulwich
Old 07-09-2009, 7:06 PM
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A resignation in unpressurised circumstances will deprive you of certain welfare benefits for up to 6 months.

If you have another job lined up, or can depend on the support of friends and family this may not be a problem.

If you are resigning due to the unreasonable behaviour of your employer you can argue that your resignation was forced. You could say that an employee is not expected to accept the treatment you received and that a reasonable employer would not have behaved in the way your employer did with you. A resignation in these circumstances is called a constructive dismisal.

If constructive dismissal is the reason for your resignation you can still resign and be entitled to welfare benefits.

It would be in your interests to let your employer know now that the root cause of your illness is the treatment they subjected you to and your fear that if you return it will continue.
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# 13
hr100
Old 07-09-2009, 9:32 PM
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Quote:
Originally Posted by Fiona Durham View Post
Hi everybody, thanks for all of your replies.

I think I'm going to try and get another sick note, with everything that's going on in my family now I don't think the GP will refuse.
I sent in my second sick note to work this morning and haven't heard anything from them at all. You'd think they'd at least give me a quick call or email seeing as this is my 6th week off and I'm signed off for another 4!! Weird.

Nevermind. Thanks again for all your replies

Can I suggest you change your username if that is your real name
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# 14
tandraig
Old 07-09-2009, 11:02 PM
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second hr100s reply. as to work - let sleeping dogs lie there. but i really would contact CAB trustees and tell them what is going on. you have nothing to lose. the worst they can do is give you notice! You have my sympathy hun with all thats going on in family.........and work! try to stay positive and keep us all informed when you have time. and if you just need to talk, vent or whatever PM me.
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# 15
rh41
Old 09-09-2009, 5:06 PM
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Quote:
Originally Posted by tandraig View Post
second hr100s reply. as to work - let sleeping dogs lie there. but i really would contact CAB trustees and tell them what is going on. you have nothing to lose. the worst they can do is give you notice! You have my sympathy hun with all thats going on in family.........and work! try to stay positive and keep us all informed when you have time. and if you just need to talk, vent or whatever PM me.

I work as an HR manager for a very large company. If i was you bring a formal grievance in writing to the trustees they have to investigate. In writing what u want and whats been going on. Factual no emotion.
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