Off sick during notice

GlasweJen

I work with the public, caught a cold that's turned into a chest infection and had to take a day off work last week. antibiotics didn't clear it and it got worse resulting in a visit to the out of hours service and I was told to rest up for a few days. I've had one day off this week, today is my normal day off and I'm supposed to be back at work tomorrow but I really still don't feel well.

I'm dreading calling in today to say I won't be in tomorrow as the work are making out I'm at it even though customers were commenting on how ill I was on Wednesday.

Work know I have major underlying health problems but my manager (not the proper boss) implied yesterday that I was breaching my contract by calling in sick while on notice - I am genuinely sick but haven't been off long enough to get a sick note from the doctor.

Is this a breach of contract on my part?

engineer_amy

I don't believe so. The employment contract continues unchanged even during a notice period, so unless you have been given specific terms once you handed in your notice, saying that you were not allowed to be off ill at any point during the notice period, then you are not in breach of anything. I think your manager is just trying to scare you.


Have a read at this http://www.baineswilson.co.uk/articles/notice-pay-sick-pay-which-if-any-do-you-have-pay-exiting-employee-0
you may be entitled to full pay if off ill during the notice period, depending on length of notice etc

Undervalued

GlasweJen wrote: »

I am genuinely sick but haven't been off long enough to get a sick note from the doctor.

Is this a breach of contract on my part?

Not as such, but the firm can require reasonable proof that you are off sick particularly if any company sick pay is involved. The "seven days before a doctors note" only applies to your SSP entitlement. For any other purpose the firm's own rules apply and that may include paying for a doctor's certificate if you can't get one for free.

If you are off more more than three days (but less than seven) they would struggle not to pay you SSP but even that is debatable.

GlasweJen

I've only been off 2 days out of 7 and was visibly ill at work on the Wednesday, total strangers were complaining to my boss that I looked ill and they didn't want to catch whatever I have

missbiggles1

GlasweJen wrote: »

I've only been off 2 days out of 7 and was visibly ill at work on the Wednesday, total strangers were complaining to my boss that I looked ill and they didn't want to catch whatever I have

Why not just go and pay for a private certificate to prove that you're ill?

specialboy

I'd turn up and hang the latch, what's the worse that they can do to you?

quietriot

missbiggles1 wrote: »

Why not just go and pay for a private certificate to prove that you're ill?

Because you shouldn't have to pay to prove that you're not well to satisfy the baseless suspicions of an idiot employer.

KiKi

GlasweJen wrote: »

I work with the public, caught a cold that's turned into a chest infection and had to take a day off work last week. antibiotics didn't clear it and it got worse resulting in a visit to the out of hours service and I was told to rest up for a few days. I've had one day off this week, today is my normal day off and I'm supposed to be back at work tomorrow but I really still don't feel well.

I'm dreading calling in today to say I won't be in tomorrow as the work are making out I'm at it even though customers were commenting on how ill I was on Wednesday.

Work know I have major underlying health problems but my manager (not the proper boss) implied yesterday that I was breaching my contract by calling in sick while on notice - I am genuinely sick but haven't been off long enough to get a sick note from the doctor.

Is this a breach of contract on my part?

No, it's not a breach of contract - and if it is in your contract it's unlawful anyway. You cannot ban people from being sick!

This is a useful link to see if you're owed full pay whilst off sick during your notice period. It's written from the employer's perspective, but makes it easy to understand: https://www.fpb.org/business-support/sick-pay-during-notice

ohreally

KiKi wrote: »

You cannot ban people from being sick!

They can be dragged into the disciplinary process though especially if the employer is vindictive - perhaps even putting the state of play onto the radar of the prospective employer.

getmore4less

KiKi wrote: »

No, it's not a breach of contract - and if it is in your contract it's unlawful anyway. You cannot ban people from being sick!

This is a useful link to see if you're owed full pay whilst off sick during your notice period. It's written from the employer's perspective, but makes it easy to understand: https://www.fpb.org/business-support/sick-pay-during-notice

Shame it's incomplete, as the full pay is only the last week of notice if the employee resigns even if their notice is longer.

Undervalued

quietriot wrote: »

Because you shouldn't have to pay to prove that you're not well to satisfy the baseless suspicions of an idiot employer.

Why not?

If the employer is going to pay anything over and above the minimum SSP required by law why shouldn't they require proof that somebody is actually ill?