IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
Resigning whilst on sick leave?
Reply
Views: 10,671
Thread Tools Search this Thread Display Modes
# 1
manimibe
Old 12-09-2012, 5:53 PM
MoneySaving Newbie
 
Join Date: Mar 2012
Posts: 7
Default 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.
manimibe is offline
Reply With Quote Report Post
# 2
Sambucus Nigra
Old 12-09-2012, 6:08 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Aug 2010
Posts: 8,017
Default

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.
Sambucus Nigra is offline
Reply With Quote Report Post
# 3
manimibe
Old 12-09-2012, 7:35 PM
MoneySaving Newbie
 
Join Date: Mar 2012
Posts: 7
Default

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
manimibe is offline
Reply With Quote Report Post
# 4
*Scarlett
Old 12-09-2012, 8:20 PM
Serious MoneySaving Fan
 
Join Date: Sep 2009
Posts: 1,685
Default

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/Employme...ring/index.htm

Last edited by *Scarlett; 12-09-2012 at 8:21 PM. Reason: sp
*Scarlett is offline
Reply With Quote Report Post
# 5
kennedy316
Old 07-10-2012, 9:10 AM
MoneySaving Convert
 
Join Date: Mar 2011
Posts: 70
Default

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 is offline
Reply With Quote Report Post
# 6
anamenottaken
Old 07-10-2012, 11:37 AM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Nov 2008
Posts: 3,391
Default

Quote:
Originally Posted by kennedy316 View Post
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.
anamenottaken is offline
Reply With Quote Report Post
# 7
kennedy316
Old 07-10-2012, 11:58 AM
MoneySaving Convert
 
Join Date: Mar 2011
Posts: 70
Default

[QUOTE=anamenottaken;56357569]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 is offline
Reply With Quote Report Post
# 8
anamenottaken
Old 07-10-2012, 12:32 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Nov 2008
Posts: 3,391
Default

[QUOTE=kennedy316;56357881]
Quote:
Originally Posted by anamenottaken View Post
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.
anamenottaken is offline
Reply With Quote Report Post
# 9
getmore4less
Old 07-10-2012, 1:03 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: May 2007
Posts: 18,497
Default

Quote:
Originally Posted by kennedy316 View Post
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.
getmore4less is online now
Reply With Quote Report Post
The Following User Says Thank You to getmore4less For This Useful Post: Show me >>
# 10
kennedy316
Old 07-10-2012, 4:19 PM
MoneySaving Convert
 
Join Date: Mar 2011
Posts: 70
Default

Quote:
Originally Posted by getmore4less View Post
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?
kennedy316 is offline
Reply With Quote Report Post
# 11
Savvy_Sue
Old 07-10-2012, 6:31 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Dec 2003
Posts: 33,692
Default

Quote:
Originally Posted by kennedy316 View Post
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."
I'm a Board Guide on the Cutting Tax; Charities; Small Biz & Charity Organisers; and Silver Savers boards, which means I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. However, do remember, Board Guides don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts.

Any views are mine and are not the official line of moneysavingexpert.com

New to the Forum? Why not watch the Guide?

The Isle of Man is not as warm as the Canary Islands!
Savvy_Sue is offline
Reply With Quote Report Post
# 12
kennedy316
Old 07-10-2012, 9:45 PM
MoneySaving Convert
 
Join Date: Mar 2011
Posts: 70
Default

Quote:
Originally Posted by Savvy_Sue View Post
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."
The year runs April to April in regards to the way they work out holiday entitlement. I know i did take some holidays before being off sick as the job is almost seasonal (restaurant at a theme park, though the restaurant is open even when the park isnt) so during the quiet times i took holiday purely as a way of getting paid for taking time off.

I also got married in June and consequently took holiday for my honeymoon, though this too was a combination of holiday and days off. I guess the point im trying to make is that i dont actually have any clue what holiday ive used between 1st April this year and the dat i started my sick leave which is about 2.5 months ago, so about mid july i guess.

I could ask HR what the remaining entitlement is but i have a feeling that they will be less than forthcoming with this information based on the time ive been off and the fact that i am now intending to leave.

BIt of homework needed i guess but ive never been the best at keeping on top of this kind of thing and now itll bite me in the !!!.

Maybe the easiest was to do it is state that id like any accrued holiday to be added to my fianl pay and see what happens there. Is it actually British law that they have to continue to accrue holiday entitlement whilst im off sick, and that they have to accept my notice whilst im still on sick leave?

I noticed in the above posts as well that its mentioned that they may pay me my normal salary whilst im off sick and have given my notice. Is this law or company specific, as i cant see it being something that they would do.

Bottom line is i guess theyll be happy to see the end of me so that they can move on and keep burying their head in the sand about the man they have employed.
kennedy316 is offline
Reply With Quote Report Post
# 13
Savvy_Sue
Old 08-10-2012, 12:04 AM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Dec 2003
Posts: 33,692
Default

Quote:
Originally Posted by kennedy316 View Post
The year runs April to April in regards to the way they work out holiday entitlement. I know i did take some holidays before being off sick as the job is almost seasonal (restaurant at a theme park, though the restaurant is open even when the park isnt) so during the quiet times i took holiday purely as a way of getting paid for taking time off.

I also got married in June and consequently took holiday for my honeymoon, though this too was a combination of holiday and days off. I guess the point im trying to make is that i dont actually have any clue what holiday ive used between 1st April this year and the dat i started my sick leave which is about 2.5 months ago, so about mid july i guess.
Make your best guess then: do you have GP appointments in your diary? It is possible you've taken more than your entitlement, but you'll have 'worked' at least 7 months by the time your notice ends. Your minimum annual entitlement is 5.6 weeks, so 7/12s of that, at least.

Quote:
Originally Posted by kennedy316 View Post
Maybe the easiest was to do it is state that id like any accrued holiday to be added to my fianl pay and see what happens there.
That's a good start: it flags up that you know you're entitled to it. If you can make a stab at a figure it's better, they can then disagree but you could ask them to state their understanding of what leave you've taken.

Quote:
Originally Posted by kennedy316 View Post
Is it actually British law that they have to continue to accrue holiday entitlement whilst im off sick, and that they have to accept my notice whilst im still on sick leave?
Well, European initially, as far as accruing leave goes. But there have been some court cases which employers should be aware of. And why would they not accept your notice while you're off sick.

Quote:
Originally Posted by kennedy316 View Post
I noticed in the above posts as well that its mentioned that they may pay me my normal salary whilst im off sick and have given my notice. Is this law or company specific, as i cant see it being something that they would do.
That I don't know about, I'm afraid.
I'm a Board Guide on the Cutting Tax; Charities; Small Biz & Charity Organisers; and Silver Savers boards, which means I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. However, do remember, Board Guides don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts.

Any views are mine and are not the official line of moneysavingexpert.com

New to the Forum? Why not watch the Guide?

The Isle of Man is not as warm as the Canary Islands!
Savvy_Sue is offline
Reply With Quote Report Post
# 14
getmore4less
Old 08-10-2012, 7:13 AM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: May 2007
Posts: 18,497
Default

Quote:
Originally Posted by kennedy316 View Post
I noticed in the above posts as well that its mentioned that they may pay me my normal salary whilst im off sick and have given my notice. Is this law or company specific, as i cant see it being something that they would do.
Part of the employment act but does not apply in all cases

What is the notice the company needs to give you

reference
http://www.legislation.gov.uk/ukpga/1996/18/section/87
getmore4less is online now
Reply With Quote Report Post
The Following User Says Thank You to getmore4less For This Useful Post: Show me >>
# 15
kennedy316
Old 08-10-2012, 9:55 AM
MoneySaving Convert
 
Join Date: Mar 2011
Posts: 70
Default

Quote:
Originally Posted by getmore4less View Post
Part of the employment act but does not apply in all cases

What is the notice the company needs to give you

reference
http://www.legislation.gov.uk/ukpga/1996/18/section/87
Had a look at the legislation as highlighted in your post and think i understand it. My job is as a barman at a restaurant attached to a theme park. Obviously there are more hours to go around when the park is open and when the kids are on holiday, the restaurant is open even when the park isnt and then there are less hours to go around. In my cintract it just states that I agree to work the hours as and when required for the needs of the business and consequently I never had a set pattern. That said i did tend to work 32 hrs a week except quiet weeks as stated above.

Therefore I guess the following applies-

Employments without normal working hours. (1) If an employee does not have normal working hours under the contract of employment in force in the period of notice, the employer is liable to pay the employee for each week of the period of notice a sum not less than a week’s pay.

(2) The employer’s liability under this section is conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week’s pay.

(3) Subsection (2) does not apply— (a) in respect of any period during which the employee is incapable of work because of sickness or injury

(4) Any payment made to an employee by his employer in respect of a period within subsection (3) (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, [ paternity pay, [ ordinary statutory paternity pay, additional statutory paternity pay] , adoption pay, statutory adoption pay,] holiday pay or otherwise) shall be taken into account for the purposes of this section as if it were remuneration paid by the employer in respect of that period.

So if I understand correctly does this mean that whilst I'm off sick I am receiving ssp as my company does not pay sick pay. However when I hand in my notice the company is liable for paying me a normal wage during my period of notice, and that this applies even if the employee is off work sick during the notice period. However as the employee is receiving ssp then this sum will be counted as part of the payment to the employee during the notice period.

Ie- if the employee normally receives £200 a week wage the the company would subtract the £85 ssp from their obligation and pay the employee £115, with the other £85 being made up by the ssp so the employee doesnt miss out.

Is my understanding correct?
I guess the other question is whether or not stress/depression counts in regards to the sickness and not being able to work, as the doctor has signed me off as he considers my work situation to be bad for my health then is that enough evidence that I fit the criteria?

If the answers are yes to the above would it be too forward of me to mention in my notice that I am aware of the legislation, and if I do could they simply state that my hours are low as I have no contracted hours set in stone?

Sorry for all the questions but the advice I get here is top notch and I'd just like to get my facts in order before commiting anything to writing.
kennedy316 is offline
Reply With Quote Report Post
Reply

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT +1. The time now is 8:18 AM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 03 September 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile
  • My point is less the rights and wrongs, more the tragic irony of the juxtaposition between the two.
  • We fail to intervene when 1,400 girls are sexually abused, but do intervene to imprison family trying to get treatment for their sick son.
  • Do you still print out your photos - PLEASE VOTE http://t.co/apAHZuhdIy

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

TuneChecker Top Albums

  • ED SHEERANX (DELUXE EDITION)
  • VARIOUS ARTISTSNOW THAT'S WHAT I CALL MUSIC! 88
  • SAM SMITHIN THE LONELY HOUR (DELUXE EDITION)

MSE's Twitter Feed

profile
Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
We use Skimlinks and other affiliated links in some of our boards, for some of our users.