Benifits if you hand your notice in?

rosiesq

Hi guys
Wonder if anyone can help? My son started a new job about 6 weeks ago, (after the company that he worked for went into liquidation, and were then taken over.) After a couple of weeks he hurt his back, and had to have 4 days off. Ever since he went back they have been awful with him. Nit-picking over nothing, claiming he's doing things wrong, even though he hasn't been told to do them, blaming him for things others have done, and all the while effing and blinding non-stop. I know that he doesn't have to accept this, but the culmination is that he's now off work with depression and stress, which he's had before, but had got over it, and moved on, and this has just brought it all back. They owe him wages, he's been honest with them, told them that he has problems at home, and that the way they've treated him has added to things, and that he's been signed off sick with depression. He doesn't want to go back anyway, but they've told him he must send them a letter of resignation, or he won't get the wages owing to him. He's already been offered his old job back by his previous company, who made 200 people redundant because they were taken over. He's looking forward to starting back at work with the new management after the New Year, but I'm sure that this nasty company can't withhold money that he's worked for, and also that if he voluntarily finishes work his benefits can be stopped. Any advice please?

InsideInsurance

So, he has a new job to go to and needs to end his current job presumably to take up the new one.

Are you saying you want them to sack him rather than him resigning? How else are you expecting the job to be terminated so he can take on the new job?

Obviously he wont be able to start the new job whilst the current fit note says he's unfit for work

Poppie68

What benefits? A little baffled as he is currently employed and will be leaving to return to his old job.

rosiesq

Sorry, that post was really muddled. He's off work with depression, partly caused by his job. In the past few days, his old employer has offered him his job back, when he feels recovered enough to go. He is supporting a partner and 3 children on benefits at the moment, therefore if in say, a month, he felt able to try and go back to work, I guess he'd have to resign from the old job, and start the new. Is this right?

InsideInsurance

Yes, check the notice period required, resign giving the required notice, start new job

rosiesq

Thank you.

Takeaway_Addict

They would have to pay him for the time he has worked but to get this he may need to go through a tribunal to get this money, also he will be entitled to holiday pay for the time work.

To be honest, he sounds unreliable and they sound a pain....a parting of ways sounds good for both parties.

rosiesq

Yes, you could be right at that! Thanks.