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Can i resign while on sick leave
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# 1
sharondt
Old 28-12-2006, 2:44 PM
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Default Can i resign while on sick leave

I usually post on here under a different name but want to remain anon for this matter, because one of my collegues is a frequent visitor to the site.

If i resigned while on sick leave, could my employer withhold company sick pay? I am not entitled to SSP coz the job is only part time and i dont work enough hours a week or earn enough to qualify. Also, would i be able to attend an interview for another job while on sick leave? Sorry if these are silly questions!
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# 2
dmg24
Old 28-12-2006, 3:00 PM
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Hi Sharon,

Yes, you can resign whilst on sick leave. Whether your employer can withhold sick pay whilst on your notice period will really depend on your contract, but if it is not stipulated in there then, no they cannot.

There is nothing to stop you attending a job interview whilst on sick leave, though I would be weary on letting your current employer find out if you are needing a reference from them.

Good luck x
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# 3
sharondt
Old 28-12-2006, 3:15 PM
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Thanks dmg24 - no my contract doesnt state anything about withholding sickpay so that sounds promising It will also save a lot of hassle and dagger looks i am likely to get if i can just resign whilst away (coward i know!) Do you think i should phone and tell my boss then follow it up with a letter confirming it, or just send the letter?
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# 4
dmg24
Old 28-12-2006, 3:23 PM
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Depends on how friendly you are with your boss. If you want to remain on good terms, and you feel that you can talk to your boss, then I would do a phone call (or an email? Slightly easier option!). If not, just a polite letter.

I don't think you are a coward. I resigned whilst on long term sick, everybody said that I would be better to go back just to show myself I could do it if I wanted to, but I just figured why put myself through it? As long as you know you are doing the right thing, that is all that matters x
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# 5
FleetFanatic
Old 07-01-2007, 7:05 PM
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Quote:
Originally Posted by sharondt
Also, would i be able to attend an interview for another job while on sick leave? Sorry if these are silly questions!
Of course, some companies may question how somebody is so sick they can't come to work yet can go for an interview. I suppose it would depend on the type of work involved.
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# 6
welshcakes
Old 07-01-2007, 10:22 PM
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Above advise is all good and to the point. I would personally write a letter of resignation and sign it - hardcopy is always a nice fullstop and can be added in your employee file. It also provides a specific date on which your resignation was made. I would have someone pop it round to the office on your behalf as the Royal Mail is not 100%.
Integrity is a dying art!
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# 7
raq
Old 08-01-2007, 11:36 AM
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Quote:
Originally Posted by dmg24
Hi Sharon,

Yes, you can resign whilst on sick leave. Whether your employer can withhold sick pay whilst on your notice period will really depend on your contract, but if it is not stipulated in there then, no they cannot.

There is nothing to stop you attending a job interview whilst on sick leave, though I would be weary on letting your current employer find out if you are needing a reference from them.

Good luck x
Friend of a friend applied for a job last year whilst on sick leave and got the job. She hated her previous job but the company gave her a referenceand it was fine because they wanted her out. The reference was a bog standard one. They wanted her out anyway because her sick record.
Tomorrow's just another day - keep smiling
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# 8
inkie
Old 08-01-2007, 12:28 PM
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Yes you can and I did. However, what you might like to bear in mind is are there any factors within your current employment that have caused you to go if sick and look for another job? Constructive dismissal i'm thinking..
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# 9
sharondt
Old 09-01-2007, 7:26 PM
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The reason im leaving is that i sustained an injury which resulted in me needing surgery (im currently on a waiting list). Im thinking of resigning after the op which will require me to have about six weeks off. The job i do requires lifting and i will be looking for something much lighter, but not within the same company.
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# 10
julespw
Old 22-06-2010, 3:46 PM
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found these posts very helpful. I am currently in a similar position. after being bullied/criticized/go at at work for the last 18mths I am off sick with depression. At the moment I feel I can not go back into that environment and dont really know what to do for the best
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# 11
Googlewhacker
Old 22-06-2010, 5:57 PM
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Quote:
Originally Posted by julespw View Post
found these posts very helpful. I am currently in a similar position. after being bullied/criticized/go at at work for the last 18mths I am off sick with depression. At the moment I feel I can not go back into that environment and dont really know what to do for the best
Welcome to the boards, I would suggest you start your own post and give a bit more information, such as time, what you have done to try and resolve problems etc and people will be along to advise.
The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

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# 12
Chloepad1
Old 22-06-2010, 6:43 PM
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Hi
Sorry that you are not feeling too well at the moment. I am unsure of whether your company would be permitted to withhold company sick pay if you resigned whilst on sick leave. If your mind is dead set on leaving the job then yes I would say go for any interviews that come up and try to get another job, there is nothing that your employer can do to stop you. Good luck!!
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# 13
Googlewhacker
Old 22-06-2010, 6:45 PM
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Quote:
Originally Posted by Chloepad1 View Post
Hi
Sorry that you are not feeling too well at the moment. I am unsure of whether your company would be permitted to withhold company sick pay if you resigned whilst on sick leave. If your mind is dead set on leaving the job then yes I would say go for any interviews that come up and try to get another job, there is nothing that your employer can do to stop you. Good luck!!
OP's post was from 2006....
The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

If I give you advice it is only a view and always always take professional advice before acting!!!

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# 14
ragtag854
Old 13-05-2011, 12:55 PM
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Default If I resign while on sick leave can I claim holiday pay?

Hi there, I am in the position where I have been for an interview and got the job as long as I get a reference from my employer, so keep your fingers crossed.
I've had an operation on my leg and despite TWO fit to work notes (with amended duties) from my GP and my Consultant saying that I am fit to work, my employer is still not allowing me back!! They have not kept in touch and every time I've wanted information I've had to phone them and ask. I've now been off work for 12 weeks and absolutely broke!! Most people who've had the same operation have returned after 6! Is it worth me pursuing a case of constructive dismissal, I am not in a union and would probably have to go through ACAS or someone similar
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# 15
Googlewhacker
Old 13-05-2011, 1:41 PM
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Quote:
Originally Posted by ragtag854 View Post
Hi there, I am in the position where I have been for an interview and got the job as long as I get a reference from my employer, so keep your fingers crossed.
I've had an operation on my leg and despite TWO fit to work notes (with amended duties) from my GP and my Consultant saying that I am fit to work, my employer is still not allowing me back!! They have not kept in touch and every time I've wanted information I've had to phone them and ask. I've now been off work for 12 weeks and absolutely broke!! Most people who've had the same operation have returned after 6! Is it worth me pursuing a case of constructive dismissal, I am not in a union and would probably have to go through ACAS or someone similar
You would be also better starting of doing your own thread, however constructive dismissal has a low success rate and you would have to show you have tried everything (ie gone through their grievance procedure etc)

Also bear in mind you are not fit to work, you are fit to do the amended work and if the employer cannot make reasonable adjustments to this they can say no.

I would suggest you speak to ACAS and see what they say and if you have home insurance you may have legal cover for employment issues.

Also yes you are entitled to holiday pay up until the day you leave.
The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

If I give you advice it is only a view and always always take professional advice before acting!!!

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