Resigning whilst on sick leave

sc0ttie · 18 April 2017 at 5:40PM

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.

[Deleted User] · 18 April 2017 at 5:44PM

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.

getmore4less · 18 April 2017 at 6:05PM

Don't agree to any early termination for them to reduce notice payments.

TELLIT01 · 18 April 2017 at 6:32PM

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 · 18 April 2017 at 6:45PM

TBH most employers won't kick a fuss up as they'll be fairly happy not to deal with the situation any further

sc0ttie · 19 April 2017 at 2:23PM

getmore4less wrote: »

Don't agree to any early termination for them to reduce notice payments.

Are you sure an employee off sick would have a choice in the matter?

Undervalued · 19 April 2017 at 4:20PM

sc0ttie wrote: »

Are you sure an employee off sick would have a choice in the matter?

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.

getmore4less · 19 April 2017 at 4:37PM

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.

Suzib88 · 18 April 2018 at 12:17PM

Do not accept an earlier leave date under any circumstances, regardless of being off sick you are still entitled to at least your SSP for the notice period and as previous poster stated, possibly full pay for a week.

I am also pretty sure your employer can't force you to take any accrued holiday during your sickness period either, although may be worth checking with ACAS. If I am right, I would leave it until your final pay and you are then better off financially.

Rule of thumb is, when you are off sick from work you are not allowed to be treated any differently than you would be had you been at work. This means all benefits are still accessible to you and you still accrue holiday whilst off sick.

I've been off sick since November 30th and handed in my notice yesterday. Upon my final pay i will receive all the bank holidays paid (Christmas, boxing day, new years day, Easter and may bank holiday) as I've missed the payment of them whilst off sick, I will also receive my accrual of holiday from the holiday year of 2018 which equates to about 8 days for me.

If you need any help let me know, I'm actually resigning from a payroll position and so know the majority of the rules in regards to the matter at hand.

Suzib88 · 18 April 2018 at 12:18PM

I've just noticed this post is a year old and not from yesterday !!!128584;!!!128514; apologies

themups · 27 April 2018 at 6:39AM

Hi I was reading a thread you recently posted on and was wondering if i could pick your brains?

My OH was recently signed off sick due to stress( more from being a carer for my MIL alongside his job), and was advised by GP to hand in his notice as well due to the two stresses causing anxiety etc.

Scroll forward, he handed in both his gp note for 4 weeks off and his 4 weeks notice - he was in employment for 2.5 years with this company.

His last working day was 22nd march - so we were expected his notice pay this week ( having worked a month in hand), but it hasnt arrived

but his P45 did last month.

I was kind of under the impression that even if you were on sick during your notice your still entitled to a min of SSP? or am I getting quite muddled?

thanks
Sarah

Resigning whilst on sick leave

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