Employers and Sickness

peardrops_2

Hello, I'm new here but hope you can help me.

I am currently off work sick and as per my contract of employment I don't get paid sick leave if I'm off over 3 days. It has been over 3 days and looks like I will be off for several more weeks.

Whilst I'm off sick what are the rules and regulations on my employer ringing me up and asking work related questions that I'm struggling to answer as my brain is a bit puddled at the moment?

Also I am considering resigning on the grounds of ill health as then I can at least stop my employer from ringing me when I don't feel up to it.

What are your views on this?

Many thanks

Peardrops

illmonkey

I'd just not answer the phone. You're off ill. If you can help them you might as well be at work.

peardrops_2

Trouble is I don't know who is ringing, once he's on the phone I can't just hang up. It is a very small company and they rely on me so much.

Am I within my rights to resign with immediate effect even though I have a month's notice on my contract? It would be better for both, he can re-recruit and I can concentrate on getting myself better.

David_B_2

peardrops wrote: »

It is a very small company and they rely on me so much.

Am I within my rights to resign with immediate effect even though I have a month's notice on my contract? It would be better for both, he can re-recruit and I can concentrate on getting myself better.

Based on your above comment had that they need you I wouldn't have thought resigning will go down to well. I'd speak to the boss man or the personnel dept and tell them what you have told us. If they says fine then problem sorted. If he says sorry and take as much time as you need then even better.

Be straight, if your wanting to resign then the worse that can happen is he'll say fine and good bye!

Otherwise get a doctors note and send it to the personnel dept.

peardrops_2

David_B wrote: »

Otherwise get a doctors note and send it to the personnel dept.

Hi David

This comment made me laugh. There are only 5 employees in the whole company and I'm Personnel, Admin, Accounts, Project Management etc etc etc!

Pear

Timmne

I think as it's a small company you'd be being a little unreasonable just not answering the phone - I'm half of a firm and we would really struggle if we couldn't speak to each other when necessary. We'll be taking on a couple of staff soon and I would be annoyed if someone wouldn't answer their phone when off - very few illnesses render you voiceless afterall.

Having said that though though you are finding it difficult to actually answer him, so I would request that he sent you emails with queries so you can answer them in your own time when you're feeling up to it.

Savvy_Sue

In fact if you've been signed off sick then you should NOT be working. End of.

While a reasonable employer might phone to find out how you are, and within that conversation might ask if you were able to help with something or other, this doesn't sound reasonable. What do they do when you're on holiday?

ACAS might give advice.

Oh, and you should be getting Statutory Sick Pay after the first 3 days.

bunty109

He shouldn't be calling; certainly not all the time. I think you need to say to him that you need to return to work as you are not being paid for the time off but ask for some uninterrupted time away to ensure you recover quickly.

He must want you back to work ASAP but has to realise that you must be very unwell to have to take time off with only SMP.

I'd also considering talking to ACAS as what he is doing is not only inconsiderate, but could also be a bit naughty on his part.

inkie

As has alredy been said, if you have a medical certificate it says that 'you should refrain from work'. It does not say, only if you work for a large employer/only if your workplace can manage without you etc, etc.. You should refrain from work period.

I would not just waklk away from the situtation - from what you have described, it could be classed as harasment. Get yourself a caller display unit, and then you can identify who is calling, and chose whether you answer it or not.

back2square1

If your illness is something that could be ongoing for some time and because you have been in employment therefore paid ni contributions etc you may be entitled to Incapacity Benefit, I cannot remember the exact time period you have to be off work before you can claim it but you are most likely entitled to it.

There are alot of websites that can give you the information, https://www.entitledto.co.uk

or simply google search - sickness pay, incapacity benefit, employee rights

With regards to ACAS, do ring them, I had to ring them many times when I left my employer Tesco (would you believe). Without them I would not have known my rights and the Personnel Manager at my place of work did not seem to know exactly what the protocol was in these situations.

SSB

Hi
You should be entitled to Statutory Sick Pay ( payable after 3 days of illness), what is your weekly wage? You still need to give one months notice and remember if you are going to apply for benefits, this can work against you.