Resignation and long term sick

tfspark

Thanks all who have taken the time to reply. We really appreciate it.

It may seem strange that my wife initially went to see her PO with the intention of resigning because she was so unhappy, but now wants to get things sorted out and go back to work. As someone said, it is difficult to know when you are depressed and if this can be overcome then there is no reason for her not to return.
After all she was happy at work for the first five and a half years.

I guess the intention of my original post was, does she still have a job or has she resigned? We were astonished at her PO's last comments which almost amounted to, your too late you've already resigned. Particularly after how sympathetic she was on the initial interview.

My wife is half way through her eight weeks of sick leave and I don't object in principle to her employers wanting a home visit. This will depend on how she feels as she has just started her medication and at the moment it makes her feel particularly unwell.
I wouldn't mind being present and don't see how they could object as this surely is just a visit to inquire after the wellbeing of one of their employees.
She is not in a union.

keyser666

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.

regardless she can retract it anyway

paddedjohn

Savvy_Sue wrote: »

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.

If the employers want a meeting at the employees house then she can have anyone she wants there.

getmore4less

keyser666 wrote: »

regardless she can retract it anyway

and an employer can ignore that(retraction of a resignation).

(although not relevant here as there has not been a resignation).

keyser666

getmore4less wrote: »

and an employer can ignore that(retraction of a resignation).

(although not relevant here as there has not been a resignation).

not if they have protection against unfair dismissal - one years continuous employment as a minimum if your employment started before 5th April 2012 - two years if it started on or after that date.

CFC

Keyser, employment rights don't mean you can resign and then un-resign just as you like. The employer is under no obligation to accept a retraction.

OP there's no question that your wife is still employed, otherwise there would have been no sick pay and no home visit, so the employer could not 'pressure' her into stating she resigned then.

As paddedjohn says, the advantage of a home visit is that whoever wants to be there, can be there, so you can support your wife during the meeting.

Takeaway_Addict

keyser666 wrote: »

not if they have protection against unfair dismissal - one years continuous employment as a minimum if your employment started before 5th April 2012 - two years if it started on or after that date.

pretty wrong, the only time you can really retract a resignation without an agreement from the employer is within a short period after handing it in rashly.

You, however couldn't give 4 weeks notice and after 3 weeks and a bit decide to retract it and expect the employer to accept it. What happens if they have already employed someone else to cover who had already worked a week?

FBaby

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.

Just to answer this, in the public sector I've worked with, references consist on very specific questions with tick boxes for answers. One of these questions is: how do you think, in your opinion, the candidate had coped with change? please comment. Similar questions about organisational skills, working in a team etc...