Resignation and long term sick

tfspark

I apologise in advance but this may be a long post.

My wife has worked for a company, part time, for the last six years. She works five hours a day, twenty five hours a week.

The firm she works for was taken over about nine months ago and brought with them their own I.T systems. She has struggled with this new technology and being the type of person she is, it has brought on a lot of stress.
She can't sleep at night and it has effected her eating etc.

About a month ago she decided enough was enough and went to see her personnel officer to hand in her resignation.

This lady was extremely sympathetic and they had a long chat about why my wife was so unhappy. It was said that they didn't want to loose her six years of experience, and training would be given to bring her up to speed on the new systems.
Top and bottom of it is that her personnel officer refused to accept her resignation saying that she didn't believe that it was the job that was causing all the unhappiness and stress.
She suggested that my wife goes to see our GP to seek help.
At no time was it a written resignation only ever verbal.

Next day my wife went to the doctors who signed her off on the sick for two months and an appointment was made for some counselling.
The companies sick policy is two weeks sick pay then statutory sick pay.

After the first counselling session she was told that she was suffering depression probably brought on by the stress at work. She went back to our GP yesterday who has asked her to keep up the counselling sessions but has also prescribed medication for the depression. He also told her that this would be a long process and could take up to six months to sort out.

Wanting to keep her employers up to date she spoke to her personnel officer again to explain the situation.

This lady now seems to be a lot less sympathetic. After being told that this could be a long term thing she said, "That put a whole new slant on things. Don't forget, you came into my office and resigned your job"

It has now been left that this lady wants to do a home visit. I am worried that in the fragile state that she is in, my wife will be pressured into agreeing that she resigned at that initial meeting or at least be persuaded that she needs to resign now.

I'm so sorry that it is such a long post but I would welcome any comments or advice.

Savvy_Sue

It is sometimes difficult to know when you're depressed, but what would your wife like to happen? Does she want to carry on working there, or not?

If not, I'd suggest that she writes a letter of resignation, and concentrates on getting better.

I don't see that she has to agree to a meeting at this stage, either at home or at work: her GP has signed her off for two months so my suggestion would be to write and state that at this stage she does not feel it would be helpful.

Is she in a union? (I think I can guess what the answer to that one is going to be ...)

dori2o

DO NOT RESIGN.......

The employer has no proof your wife ever resigned, nothing was ever put into writing, therefore no resignation was delivered.

The home visit should be a discussin between the employee and employer to discuss possible ways that your wife could return to work, making reasonable adjustments, changing type of work, reducing hours etc etc. In essence a fact finding mission.

If your wife is too ill to return to work then she is too ill to return, but keep the ball in the employers court, let them make the first move into capabilities etc.

Whilst you wife is ill she continues to accrue holiday entitlement. She also continues to accue length of service, so if the employer eventually decides to dismiss on the basis of capabilities, then your wife would be due any holiday pay, plus severence pay dependant on length of service.

By resigning your wife would forefit these rights.

FBaby

She needs to think of what she wants to do in the future. If it is to go on to another job, her priority might be her reference and her interest is to strike a deal with the company.

She will indeed be better off financially staying put, but the company might feel they have been manipulated and will make sure to state her sickness record, her inability to cope with change, to adjust to new ways of working etc... which could mean an employer reconsidering an offer.

ValHaller

Wife should ideally accept the visit, but should not accept this alone - she should have a witness. Is she a member of a union?

Obviously Personnel Officer (I prefer that to HR) has changed her mind hearing about a possible 6 months on the sick

jacques_chirac

Given how she feels about the job, does she even wish to/ intend to return? Counselling is not going to change the fact that she cannot manage the technology.

I would be considering the pros and cons of a long period off sick - one thing that is certain is that a prospective employer will not like it.

anamenottaken

Check the written particulars of employment in relation to notice. I expect that it says that notice has to be given in writing. If it does, then the Personnel officer saying your wife resigned a month ago is not true. If it doesn't say that resignations must be in writing then, though your wife may have had the intention of resigning when she first went to see the officer, the outcome of the meeting was not a resignation.

As she has six years' service with the company, she is entitled to at least six weeks' notice (more if her contract gives more).

Your wife can decide whether a home visit from the Personnel officer is acceptable. However your wife had been offered additional training in order to gain confidence with the use of the IT system but the company didn't get a chance to provide it as the day after the offer your wife began her sick leave. In my view it would be good to have the meeting with the PO and use it to discuss how the training could be delivered.

anamenottaken

FBaby wrote: »

She needs to think of what she wants to do in the future. If it is to go on to another job, her priority might be her reference and her interest is to strike a deal with the company.

She will indeed be better off financially staying put, but the company might feel they have been manipulated and will make sure to state her sickness record, her inability to cope with change, to adjust to new ways of working etc... which could mean an employer reconsidering an offer.

I note that you say "might".
In my limited experience, companies which have a personnel officer do not usually go in for vindictive references. They may answer direct questions about sick leave and reason for leaving (resignation or dismissal) but are not likely to write "unable to cope with change" etc which are opinions.

anamenottaken

dori2o wrote: »

DO NOT RESIGN.......

The employer has no proof your wife ever resigned, nothing was ever put into writing, therefore no resignation was delivered.

The home visit should be a discussin between the employee and employer to discuss possible ways that your wife could return to work, making reasonable adjustments, changing type of work, reducing hours etc etc. In essence a fact finding mission.

If your wife is too ill to return to work then she is too ill to return, but keep the ball in the employers court, let them make the first move into capabilities etc.

Whilst you wife is ill she continues to accrue holiday entitlement. She also continues to accue length of service, so if the employer eventually decides to dismiss on the basis of capabilities, then your wife would be due any holiday pay, plus severence pay dependant on length of service.

By resigning your wife would forefit these rights.

It's true that, whilst on sick leave, paid leave entitlement and service continue to accrue. A dismissal would require that any paid holiday entitlement accrued but not taken would have to be paid. I'm not sure what you mean by "severance pay". If you mean notice then of course that would be paid.

It is not true that if a person resigns they lose their right to be paid.

jacques_chirac

anamenottaken wrote: »

I note that you say "might".
In my limited experience, companies which have a personnel officer do not usually go in for vindictive references. They may answer direct questions about sick leave and reason for leaving (resignation or dismissal) but are not likely to write "unable to cope with change" etc which are opinions.

Unable to cope with change becomes a fact if substantiated - 'was unable to cope with the introduction of new systems'.

Savvy_Sue

ValHaller wrote: »

Wife should ideally accept the visit, but should not accept this alone - she should have a witness. Is she a member of a union?

The difficulty is that I don't believe they HAVE to allow her a witness if it's not a formal disciplinary meeting - which it shouldn't be at this stage.

I also think that it's far too soon to be thinking about a meeting. GP has signed off for two months. I can't see that I'd agree to a meeting any earlier than half way through such a period.