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Working Notice during Sign off/sick leave

Ok, this is a doozy.

SO, I have a double hernia, Inguinal and Hiatal. I work in a warehouse as a Storeman. This involves a lot of heavy lifting and complex movement. I was signed off at the begining of April, at this time, I was doing a more Administrative role in support of my manager who was handling the more physicl aspects of the job due to my injury. I ELECTED to come back on LIGHT DUTIES in order to support my manager. Shortly after this my manager was fired, I was taken off of the administrative duties I was fulfilling and put back into the Warehouse. My hernia has developed further and I am now in more pain.

I have been desperately looking for other work (the company I work for is AWFUL) and recently have landed a few interviews. I am due in for Surgery mid June, after which I am advised il need a month recovery time.

If I am succesful in one of my interviews, I will ask for a months notice to leave my old employment, do I have to work that notice if I am technically signed off for Surgery?


As always, any advice people can give is hugely appreciated - thank you!
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Comments

  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No, you do not have to work it if you are unfit to work due to the surgery. For all intents and purposes work during a notice period is like work at any other time. If you are not fit to work during it, you don't work it. To give a more common example, it is not at all unusual for those who feel that they have been constructively dismissed to resign and give the required notice, but then to be off sick with stress during their notice period.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • Hbeard
    Hbeard Posts: 37 Forumite
    Thanks for the feedback!

    My primary concern is that they will force me to work the notice period AFTER my recovery from surgery or face punitive measures for quitting while on sick leave.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    While you are on sick leave you are still employed until your notice period ends so may be in breach of contract if you start to work elsewhere during this time.
    Be Alert..........Britain needs lerts.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Depending on the notice requirement of the employer you may also be entitled to full pay for the last week of working even if unable to work due to being sick.
  • Undervalued
    Undervalued Posts: 9,385 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hbeard wrote: »
    Thanks for the feedback!

    My primary concern is that they will force me to work the notice period AFTER my recovery from surgery or face punitive measures for quitting while on sick leave.

    No, they can't do that.

    If you are signed off sick for the full duration of your notice period they cannot make you return as you have already "worked" your notice.

    Note you continue to accrue annual leave during the notice period even if you are off sick so they will have to pay you for any untaken holiday after you leave.

    As stated above, under some circumstances you would be entitled to be paid in full for the notice even if you were not entitle to sick pay.
  • bigjl
    bigjl Posts: 6,457 Forumite
    I was on Restricted Duties in the NHS and due to no redeployment opportunities I worked my Notice period on Restricted Duties.

    It isn't as those you are pulled my a Sickie, you could ask for light duties after your Operation.

    If they refuse them I would do what is in your best interests.
  • Hbeard
    Hbeard Posts: 37 Forumite
    Thank you all once again for your great information!

    paddedjohn wrote: »
    While you are on sick leave you are still employed until your notice period ends so may be in breach of contract if you start to work elsewhere during this time.

    This is what I was afraid of. It basically means that as soon as I am offered the job I will have to tell my current employer that I am not returning to work after my surgery.

    To clarify, I basically have to wait a month from the date I inform my current employer before starting work for another company?

    If my interviews are succesful and I am offered the job I would inform my current employer that I will not be returning to work after my surgery, so that would be in roughly 2 weeks time.

    bigjl wrote: »
    I was on Restricted Duties in the NHS and due to no redeployment opportunities I worked my Notice period on Restricted Duties.

    It isn't as those you are pulled my a Sickie, you could ask for light duties after your Operation.

    If they refuse them I would do what is in your best interests.


    I have asked for light duties to which they have agreed, however the light duties never materialise. I am given a task such as booking a delivery in, which requires manual handling of multiple items with a weight range of 10kg to 40kg and a fellow storeman is assigned to help me. Of course as soon as another job needs doing, that storeman is pulled away to do that, leaving me standing around unable to carry on with my given task which is obviously quite demotivating although understandable.

    However the bigger issue I have is with all the upper management and consultants that are currently walking around it appears that im just standing around and doing nothing. This means I end up doing the delivery on my own, further damaging myself and worsening my condition, leading to another trip to the hospital because at 3am I cant sleep, !!!! or move due to chronic pain.

    I WAS doing an almost exclusively admin role prior to the employment of my new manager, but since he has been brought in, I have been put back to the warehouse and am suffering for it.

    Thanks again, all this information is incredibly useful!
  • t0rt0ise
    t0rt0ise Posts: 4,384 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Make sure you hand your notice in officially or the notice period won't actually start and they will be expecting you back. So you simply hand your notice in as normal and if you happen to be off sick too, hand your sick notes in as usual too.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Depending on the notice requirement of the employer you may also be entitled to full pay for the last week of working even if unable to work due to being sick.

    That provision only applies to dismissal, not to resignations.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    sangie595 wrote: »
    That provision only applies to dismissal, not to resignations.

    Not according to the employment act section 87.


    87(2)
    An employee who has been continuously employed for one month or more gives notice to terminate his contract of employment, the provisions of sections 88 to 91 have effect as respects the liability of the employer for the period of notice required by section 86(2).
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