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  • FIRST POST
    • sc0ttie
    • By sc0ttie 18th Apr 17, 5:40 PM
    • 49Posts
    • 8Thanks
    sc0ttie
    Resigning whilst on sick leave
    • #1
    • 18th Apr 17, 5:40 PM
    Resigning whilst on sick leave 18th Apr 17 at 5:40 PM
    I have been on sick leave for a few weeks, the company has been paying me my full pay. I had to go off sick because the job made me very stressed and depressed. My GP gave me some anti depressants and these have had positive results for me, with me starting to feel better. Today I was offered a job by another company, one I applied for a few weeks ago and attended interview for last week. Its a part time role, where as my current job is full time, I feel my recovery will be better to start off part time so that is what i went for.

    I still have 4 weeks left on my dr sick note, if I hand my notice in now, will my current employer be able to insist I go into work my 4 weeks notice or will I be ok to remain on sick leave for the notice duration?

    I really cannot face going back to that job to work any notice, it really hammered the bejesus out of me emotionally and mentally.
Page 1
    • _shel
    • By _shel 18th Apr 17, 5:44 PM
    • 942 Posts
    • 1,697 Thanks
    _shel
    • #2
    • 18th Apr 17, 5:44 PM
    • #2
    • 18th Apr 17, 5:44 PM
    If you have a sick note that covers your notice period you don't need to go back. Though your employer is likely to want you to leave with immediate effect with your agreement to save paying you.
    Thanks to everyone who posts competitions
    • getmore4less
    • By getmore4less 18th Apr 17, 6:05 PM
    • 27,974 Posts
    • 16,764 Thanks
    getmore4less
    • #3
    • 18th Apr 17, 6:05 PM
    • #3
    • 18th Apr 17, 6:05 PM
    Don't agree to any early termination for them to reduce notice payments.
    • TELLIT01
    • By TELLIT01 18th Apr 17, 6:32 PM
    • 3,320 Posts
    • 3,430 Thanks
    TELLIT01
    • #4
    • 18th Apr 17, 6:32 PM
    • #4
    • 18th Apr 17, 6:32 PM
    Being sick doesn't give the employer the right to reduce the notice period. If they want to terminate employment at an earlier date the OP would still be entitled to the standard notice period.
    • Takeaway_Addict
    • By Takeaway_Addict 18th Apr 17, 6:45 PM
    • 5,463 Posts
    • 6,207 Thanks
    Takeaway_Addict
    • #5
    • 18th Apr 17, 6:45 PM
    • #5
    • 18th Apr 17, 6:45 PM
    TBH most employers won't kick a fuss up as they'll be fairly happy not to deal with the situation any further
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • sc0ttie
    • By sc0ttie 19th Apr 17, 2:23 PM
    • 49 Posts
    • 8 Thanks
    sc0ttie
    • #6
    • 19th Apr 17, 2:23 PM
    • #6
    • 19th Apr 17, 2:23 PM
    Don't agree to any early termination for them to reduce notice payments.
    Originally posted by getmore4less
    Are you sure an employee off sick would have a choice in the matter?
    • Undervalued
    • By Undervalued 19th Apr 17, 4:20 PM
    • 2,610 Posts
    • 2,328 Thanks
    Undervalued
    • #7
    • 19th Apr 17, 4:20 PM
    • #7
    • 19th Apr 17, 4:20 PM
    Are you sure an employee off sick would have a choice in the matter?
    Originally posted by sc0ttie
    You do not have to agree to any variation in your terms of employment. If you wish to resign you just give the correct notice (which technically starts the day after is is issued). If you are signed off sick you do not have to go in. Your employer could in theory insist you use up any untaken holiday during the notice period but if they don't then they will have to pay you for it after you leave. Holiday continues to accrue during the notice period (roughly one day for each two weeks).

    What you cannot do however (unless your current employer agrees) is to start working for the new firm during the notice period. If you want to do that you will need to agree a shorter notice period.
    Last edited by Undervalued; 19-04-2017 at 4:22 PM.
    • getmore4less
    • By getmore4less 19th Apr 17, 4:37 PM
    • 27,974 Posts
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    getmore4less
    • #8
    • 19th Apr 17, 4:37 PM
    • #8
    • 19th Apr 17, 4:37 PM
    Also there is the possibility that the last week may need to be paid in full if not paid in full under the sick pay policy.
    Obscure employment act rule based on notice periods.
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