4 weeks notice at work but I'm ill

roses_babe

Really need some advice I've been in my employment for a year but not long ago I had a nasty car crash I was signed off work with bad back recently for 2 weeks I told my employer I can't carry on working for them as I'm a care assistant and find it hard

Today I got a really nasty call from my manager saying I'm due back to work tomorrow I have to go in and work 4 weeks notice only recently did they cut my hours to 16 per week the thing is I cannot physically do this job do I have to do it

bridgend_girl

not an expert but if you are signed off sick then don't go in and do not give your notice either. Stay on the sick if your doctor agrees you are unable to carry out your duties- then it's up to your employer to find you alternative work or to dismiss you- this means you will be entitled to benefits. if you leave you won't be entitled. Hope this is correct and helps.

good luck

roses_babe

Hi ya thank you so much for your help

intandem

"I told my employer I can't carry on working for them as I'm a care assistant and find it hard"

Does this mean you have actually resigned from your employment? If so, have you served them your due notice i.e. put this in your letter of resignation, or have you resigned with immediate effect?

You dont have to work if you have a Fit note from your GP declaring you are unfit to work. Ensure you comply with your company's sickness policy whilst you are on notice.

Can I ask what happened when they cut your hours? Were you contracted to work more than 16 hours per week?

roses_babe

I originally was working 50 hour weeks i had signed a contract for this when i came back of my holiday they said there is not enough work for me so i was cut down to 16 hours in which i was sent a new contract which i didnt sign

intandem

If an employer has changed your terms and conditions without consultation, serving notice or your acceptance, they have breached your contract. However, if you have worked to that contract without stating that you are doing so 'under protest' they could argue that you accepted the reduction in your hours.

I would advise you get a sick note (Fit note) from your GP to cover the duration of your contractual notice if you are adamant you want to leave your employment. I personally would be inclined to confirm the reasons you wish to resign writing to them. If they are worth their salt, they will not accept your resignation right away and ask you to meet with them to discuss your disatisfaction with your employment. They may be able to put things right in order for you to want to remain employed.

If you have an underlying health condition tantamount to a disability due to the car accident, if they have not attempted to resolve any problems you have in undertaking your duties due to your medical capability, then highlight this clearly to them in writing. They may put in place reasonable adjustments to help you do your job.

SarEl

intandem wrote: »

If you have an underlying health condition tantamount to a disability due to the car accident, if they have not attempted to resolve any problems you have in undertaking your duties due to your medical capability, then highlight this clearly to them in writing. They may put in place reasonable adjustments to help you do your job.

And what, pray tell, is "an underlying health condiotion tantamount to a disability"? What criteria need to be met to qualify as a disability is defined by law - the law doesn't do "tantamount to" and the accident was only a few weeks ago, so not exactly long lasting either?

intandem

The legal definition of a disability is an impairment that may last up to 12 months. So any ill health or condition which may limit her ability to undertake everyday tasks for this duration may be a disability.

If the poster is disabled (or even percieved to be disabled) and she has felt forced out of her job, she may be able to make an informed decision about what her next move is.

tomjonesrules

intandem wrote: »

The legal definition of a disability is an impairment that may last up to 12 months.

No, it is not!

You don't charge people for "advice" like this, do you?

vax2002

What injuries did you receive ? what's the diagnosis.
we should know that before sticking to oar in.

tomjonesrules

To clarify, a person is classed as disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. There are lots of elements which need to be satisfied in order to fulfil the definition, but the long term element that intandem refers to actually covers those with an impairment that is likely to last for at least twelve months (and the rest of the person's life).