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New job:Sick leave dilemma

I've been signed off work with stress and anxiety brought on by work and my manager. Before being signed off sick I was offered a new position with a different employer (in a completely unrelated business). I have taken a formal complaint against my manager for bullying and harassment.

The new employer would like me to attend a function at the new workplace to get an idea of what goes on there. I asked my current boss if I could leave work an hour early on that day so I could attend this. The boss had granted permission.

But now I'm off sick and my current boss has written to me warning that I must not attend the function at the new employer's as I'm 'unfit to work'.

As the sickness is totally related to the current job, my relationship with the boss and the formal complaint etc, and stress is not a physical problem, what should I do? I would very much like to go and if I don't go, it will look bad...

Can my current manager contact the new employer?

I have given in notice and signed contracts with the new employers.

I would be very grateful for any advice
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Comments

  • Sambucus_Nigra
    Sambucus_Nigra Posts: 8,669 Forumite
    I appreciate that stress can be quite hard to get through, but if I'd got a new job I'd be back at work pronto and would not be racking up the sick days.

    How long are you signed off for, and when is the function?

    How has your boss written to you? Letter, email? Has HR been copied into this? How does he know you have received it?
    If you haven't got it - please don't flaunt it. TIA.
  • Tiddlywinks
    Tiddlywinks Posts: 5,777 Forumite
    I've been Money Tipped!
    Your current employer is able to give factual information in a reference to your new employer - if that includes your sickness and that a warning was issued concerning your 'working' whilst off sick then your new employer may see this as a red flag.

    So, you were at work when you got the new job? Is there no way that you can face going into work for the last few weeks of your notice?
    :hello:
  • MissSarah1972
    MissSarah1972 Posts: 1,648 Forumite
    Whatever the problem your sickness is stopping you from going to work so you are unfit and if you are so unfit for work you are also sorry to say unfit to attend a function.

    It's like saying you are off sick but can I go to see a west end show at night time. No, not if you are sick.
  • marybelle01
    marybelle01 Posts: 2,101 Forumite
    I think the point is that this activity takes place during working time, and if you are too sick to go to work, then yes they have the right to say that you are not to do this during their working time.
  • princessdon
    princessdon Posts: 6,902 Forumite
    you are still their employee

    Any sanctions from it, only you can outweigh. An employee can be dismissed without notice within 2 years now.

    Are they likely to follow it up?

    Personally - I'd ring my new employer and say that your current employers won't allow it (no reasons why unless prompted) and take their advice.
  • MissSarah1972
    MissSarah1972 Posts: 1,648 Forumite
    I think the point is that this activity takes place during working time, and if you are too sick to go to work, then yes they have the right to say that you are not to do this during their working time.
    I think however the whole event may not take place in work time as the OP only asked to leave one hour early to attend. Maybe going home to get changed first or whatever but still the current employer knows you have some event planed for that day but you are meant to be sick.

    Also if you are sick you can't just be sick between the hours or 9-5pm and then ok when work time has ended and not actually be 'sick'
  • I'm signed off for 3 weeks. I was signed off from last week. The event is this week.

    When I was offered the job (a month ago), I was in work with an excellent sick record.

    HR has emailed me, with a comment from the manager saying that I should not be attending the function as I'm off sick. At this point they did not know why I was off sick. I have now replied telling them why I am off.

    The new employers have already got references etc. I have 6 weeks notice left to work, so will go in for the final weeks if I'm feeling less anxious about the situation - or earlier if I'm better.

    I appreciate that I am unfit to work at my current job, but I would not be unfit to work were I anywhere else, with a manager who does not constantly intimidate me.

    Does this information change things?
  • MissSarah1972
    MissSarah1972 Posts: 1,648 Forumite
    I'm signed off for 3 weeks. I was signed off from last week. The event is this week.

    When I was offered the job (a month ago), I was in work with an excellent sick record.

    HR has emailed me, with a comment from the manager saying that I should not be attending the function as I'm off sick. At this point they did not know why I was off sick. I have now replied telling them why I am off.

    The new employers have already got references etc. I have 6 weeks notice left to work, so will go in for the final weeks if I'm feeling less anxious about the situation - or earlier if I'm better.

    I appreciate that I am unfit to work at my current job, but I would not be unfit to work were I anywhere else, with a manager who does not constantly intimidate me.

    Does this information change things?

    Your HR team didnt know why you were off sick?

    How do you know your sickness wont still be present when you start the new job?
  • micflair_2
    micflair_2 Posts: 222 Forumite
    Part of the Furniture Combo Breaker
    I'm signed off for 3 weeks. I was signed off from last week. The event is this week.

    When I was offered the job (a month ago), I was in work with an excellent sick record.

    HR has emailed me, with a comment from the manager saying that I should not be attending the function as I'm off sick. At this point they did not know why I was off sick. I have now replied telling them why I am off.

    The new employers have already got references etc. I have 6 weeks notice left to work, so will go in for the final weeks if I'm feeling less anxious about the situation - or earlier if I'm better.

    I appreciate that I am unfit to work at my current job, but I would not be unfit to work were I anywhere else, with a manager who does not constantly intimidate me.

    Does this information change things?

    What a load of rubbish.

    If your sick - YOUR SICK. Doesn't matter where you are, or what work your are doing. You cant be unfit at one job but not the next. `Stress' sickness doesn't just go away when you go out, and does not just turn up when you goto a certain place.

    Another person clearly pulling the `stress' angle to get some time off work - proven by the fact they feel they are okay to turn up at another job.
  • Your HR team didnt know why you were off sick?

    How do you know your sickness wont still be present when you start the new job?

    I emailed them to tell them I wouldn't be in. I then went to the GP who diagnosed stress. Before they knew this the 'HR Team' (one person) had contacted me by email.

    How do I know my sickness won't be present when I start my new job? Because in 30 years of employment it has never happened before. It is totally caused, as I believe I said, by my current bullying manager.
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