Giving notice whilst on SSP!!

csfts

Hello,

I have tried to search this answer across these forums and online will noluck for my exact search.

My husband has been on SSP for about 5 weeks and has started a phased returntwo day week for the next 2-3 weeks as recommended by GP. The cause of sickness was his stressful job,resulting in two seizures leading to long term medication and he is awaiting anappointment with neurologist. he has lost his driving licence and use of thecompany car, his job is 40 minute drive away, plus drives to and fro clientsites. He was threatened with being laidoff if his sickness was long term so he searched for a new job close tohome. He has just had a conditionaloffer for a job and out of curtsey gave verbal notice, his boss has is arguing thefollowing

· My husband cannot give notice whilst receivingSSP

· He will not be allowed any of his annual leavewhilst on SSP or not accrue annual leave whilst on SSP

· His contract states 8 weeks’ notice but bossinsisting on 12 weeks

· His boss gave an untruthful negatively worded referenceto new employer (we think to prevent him leaving) which he denies and hisblaming another director for using his name.

Can anyone advise if his boss is correct about these points? Where I canfind this in law to prove to his boss if he is wrong? And if we can request acopy of the reference through the freedom of information act or similar and whodo we request is from, his current boss or the new employer?

We thought getting new employment was the best way forward to help relieve thestress and it has turned in even more of a nightmare. If his boss continues to block him leaving itwill only make his health worse :0(

Please advice

HappyMJ

You can give notice whilst on SSP. I've done it...

Annual leave accrues whilst on SSP. http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1081597944&type=RESOURCES

Contract says 8 weeks then that's what it is.

Don't generally ask existing employers for references they always seem to be negative as they don't want to lose someone.

McKneff

His boss is completely wrong and talking through his backside.

Every single point in your post, the boss is wrong.

He can give notice whilst on SSP

If he is not allowed to claim holidays during SSP, he has to be paid for them on his leaving.

He does accrue holidays whilst on SSP

If his contract says 8 weeks, then 8 weeks it is.

He cannot give an untruthful reference.

Keep notes of everything that is happening. And copies of anything on paper.

Can I suggest that you have a look at the .gov website on employment law and/or the ACAS site.

The boss is on a power trip and he sound like a bully.

Good luck and let us know how you both get on.

getmore4less

THe employment act allows for full pay while on notice even when sick.

Talk to the new employer and clarify what the situation is, get this sorted out first. Securing the new job is top priority.

Untill the job is secured it is not a good idea to be on notice unless you will leave anyway.


how long has he worked there, it may be better if this job does not come off to remain sick and get them to terminate on capability, if they insidt on 12 weeks thats 12 weeks full pay even if sick.

Uncertain

McKneff wrote: »

His boss is completely wrong and talking through his backside.

Every single point in your post, the boss is wrong.

He can give notice whilst on SSP

If he is not allowed to claim holidays during SSP, he has to be paid for them on his leaving.

He does accrue holidays whilst on SSP

If his contract says 8 weeks, then 8 weeks it is.

He cannot give an untruthful reference.

Keep notes of everything that is happening. And copies of anything on paper.

Can I suggest that you have a look at the .gov website on employment law and/or the ACAS site.

The boss is on a power trip and he sound like a bully.

Good luck and let us know how you both get on.

I would agree 100%.

Just to expand on a couple of points.......

Reference - To take any action over this it would need to be provably false or deliberately misleading. It could well be, in which case you need to get some legal advice, however many things can be argued to be a matter of opinion so be aware this may not be straightforward. You would have to get a copy from the potential new employer and it would be a subject access request under the Data Protection Act (not Freedom of Information).

Generally speaking, from a financial point of view, it is better not to resign whilst sick unless you have a confirmed offer of another job lined up. As McKneff pointed out you continue to accrue paid holiday whilst on sick leave and, for up to 26 weeks, you are at least getting SSP.

If you know you are leaving anyway it totally changes your mindset. You can just ignore the attitude they are showing and gently bat any correspondance around as s-l-o-w-l-y as possible knowing that all the time you are doing so it is costing the firm money!

Ultimately, whatever the idiot of a boss says, they will have to pay!

LittleVoice

getmore4less wrote: »

THe employment act allows for full pay while on notice even when sick.

Talk to the new employer and clarify what the situation is, get this sorted out first. Securing the new job is top priority.

Untill the job is secured it is not a good idea to be on notice unless you will leave anyway.


how long has he worked there, it may be better if this job does not come off to remain sick and get them to terminate on capability, if they insidt on 12 weeks thats 12 weeks full pay even if sick.

But they cannot insist on 12 weeks notice from the employee if their written terms say 8 weeks.

Though employers "accept" resignations they cannot actually refuse an employee who gives notice to terminate their employment at the end of their contractual notice period.

getmore4less

LittleVoice wrote: »

But they cannot insist on 12 weeks notice from the employee if their written terms say 8 weeks.

Though employers "accept" resignations they cannot actually refuse an employee who gives notice to terminate their employment at the end of their contractual notice period.

The employee can not execise their right to 8 week and just agree to the 12.

Then as they are sick paid for 12weeks rather than 8.

Then if the contract does not stop other employment and the fit note is specific to not being fit to work at the old place of work they could potentialy take up new employment.


But this is not the primary issue.


Resolving the reference and the new job needs sorting in the mean time let the employer believe what they want.

KiKi

OP, the boss is wrong on all points. He can resign, he gets 8 weeks' notice and he must be paid for all annual leave accrued during this time - this is a lawful requirement.

Can you confirm how many FULL years he has worked there, please?

getmore4less wrote: »

THe employment act allows for full pay while on notice even when sick.

Not if his contract allows for one week more than the stat min, though, so this will depend on how long he's worked there.

Uncertain

getmore4less wrote: »

The employee can not execise their right to 8 week and just agree to the 12.

Then as they are sick paid for 12weeks rather than 8.

Statutory notice, from the employer, is one week for each year of service up to 12. We are not told how long the OP's husband has worked there but if it is 12 years or more then that is what the employer must give regardless of what the contract may say.

However, this does not apply to the employee giving notice and it may be that the boss is wrongly assuming it does.

Sambucus_Nigra

First things first - has the new employer realised that the reference has been given in a pique of nastiness and have they withdrawn the offer?

csfts

Hello all, you have been very helpful!
My husband has been working there for a little over 4 years.
We will not know the exact score with new employment until tomorrow or longer, hopefully it will not change things, other references should check out as he has good rapport with clients ;0/ We knew a reference would be sought from his boss so thought it best to tell his current boss verbally.

I still cannot find anything concrete to state you can give notice whilst on SSP, I have found the business link useful in proving annual leave is still accrued etc?????
Where does he stand if he was to just quit if things got too bad obviously we would consider this as a last resort and only if he has a confirmed start date for the new job!! He is still trying to keep things on good terms accepting his bosses explanations and still attending his phased return unless things are further more affected, they are to discuss the terms of notice when it is formally given which is why I want concrete law/evidence of his rights so he can argue the toss!!!!