Can I start a new job, whilst signed off following an operation

Albertteacake

I gave notice on 31st August in order to start a new job on 1st November. I have been scheduled for hip replacement surgery during my notice period, but should have been ready to start my new job. The operation has been rescheduled for 7th October, meaning that I will not be fit to return to work until 21st November.
Does anybody know if my new employment can start on time? I have the job offer and Signed the terms of employment. Checking the statutory sick pay rules, I would not qualify, having completed no work for them. What is my legal status as an employee on 1st November?
My new employer is fully aware of the situation and both employers have been very sympathetic and understanding.

Undervalued

A fit note (previously called a sick note) is advisory so there is no law that says you cannot work.

Some employers claim that it may invalidate their insurance if somebody works whilst "signed off" but generally this is simplistic and / or overstated.

Providing the employer is aware of the situation then there should be no issue.

Equally, why not simply ask the doctor to issue a shorter note or advise "light duties"?

Alice_Walker

I think OP means they want to start their employment on 1st November but not actually go to work until 21st November. Presumably their previous employment will have ceased in October.

There's no problem with this if your new employer agrees to it. As noted you will not qualify for SSP. You need to speak to the employer about this, if you simply call in sick on the first day they'd be well placed to tell you not to come back.

sangie595

Alice_Walker wrote: »

I think OP means they want to start their employment on 1st November but not actually go to work until 21st November. Presumably their previous employment will have ceased in October.

There's no problem with this if your new employer agrees to it. As noted you will not qualify for SSP. You need to speak to the employer about this, if you simply call in sick on the first day they'd be well placed to tell you not to come back.

I agree, although I can't see an employer allowing continuous service to start when the employee hasn't! But you never know.

However, OK - you are being rather optimistic. Assuming there are no complications, then six weeks is the absolute earliest return to work date, and I don't think it would be ideal given a whole new job and environment. In fact eight weeks is generally the norm. And it is 90% certain that if you need to drive at all, your insurance won't cover you until eight weeks. The vast majority of insurers have this in their small print - you must not drive until eight weeks, and even then you must still be off the road unless you can confidently and fully perform an emergency stop.

I happen to know this because I'm in the week after you!

TELLIT01

Alice_Walker wrote: »

As noted you will not qualify for SSP.

Not necessarily true. SSP entitlement is based on income over the previous period of 8 weeks (I think it's 8 weeks anyway). That means, potentially there could be an entitlement to SSP from day 1. I'm not sure how it would work if the OP is on SSP when the current job ends. Would the new employer have to pay SSP because the claim would link? It's a question to which I don't know the answer.

Albertteacake

Thanks for the comments , I think it confirms that I am in bit of a hole here. I think I might have to either postpone the operation, especially as the given date is one of the doctors strike dates, or withdraw my notice. I know my current employer really wants me to stay.

unforeseen

I am sure that your old employer would be chuffed to know that the only reason that you want to withdraw your notice is to get pay while off for your operation.

I hope you will have enough holidays accrued as your employer can insist that you take leave since its a pre-planned medical procedure. If not then you take unpaid leave

sangie595

unforeseen wrote: »

I hope you will have enough holidays accrued as your employer can insist that you take leave since its a pre-planned medical procedure. If not then you take unpaid leave

No, they cannot. The medical opinion of a doctor is that you cannot work after a hip replacement, and that it is dangerous to attempt to do so. The norm is that you enter hospital on the day of the operation. And immediately the operation begins you are unfit for work. So there is no day on which you are fit for work in the procedure. As a result you will be eligible for SSP / contractual sick pay or whatever else you would be entitled to when sick. This is not a nose job !!!!!!!! And not everyone is in the fortunate position that I assume you are, and can afford to live for at least a couple of months with no income. And that is assuming there are no complications or recovery delays.

I don't know where you got your knowledge of employment law from, but I suggest you put it back there. The fact that surgery is pre-planned does not mean that people are ineligible for sick pay.

TELLIT01

sangie595 wrote: »

No, they cannot. The medical opinion of a doctor is that you cannot work after a hip replacement, and that it is dangerous to attempt to do so. The norm is that you enter hospital on the day of the operation. And immediately the operation begins you are unfit for work. So there is no day on which you are fit for work in the procedure. As a result you will be eligible for SSP / contractual sick pay or whatever else you would be entitled to when sick. This is not a nose job !!!!!!!! And not everyone is in the fortunate position that I assume you are, and can afford to live for at least a couple of months with no income. And that is assuming there are no complications or recovery delays.

I don't know where you got your knowledge of employment law from, but I suggest you put it back there. The fact that surgery is pre-planned does not mean that people are ineligible for sick pay.

I accept that the opinion to which you were responding is incorrect given the nature of the operation. However, I believe employers can make staff use annual leave for some elective procedures.

sangie595

TELLIT01 wrote: »

I accept that the opinion to which you were responding is incorrect given the nature of the operation. However, I believe employers can make staff use annual leave for some elective procedures.

They can. But only where there is no fit note in place. This would generally only apply to procedures which are day patient procedures, although it might also apply to cosmetic procedures and things like fertility treatments. It isn't a precise science, but generally it would apply to things that were not deemed necessary for the health of the individual. So some things, like cosmetic procedures, may, in fact, have a border line. Wanting a prettier nose would be a choice. Having surgery to correct the impact of acid being thrown on your face is entirely different.

Of course, there are even more complicating factors too, because some procedures (and this is probably applicable in this case) arise from the need to correct disabilities. So employers have to be cautious of not discriminating by refusing sick pay. After all, being off work for "flu" ( in other words, usually a bad cold,) is also elective in a sense. Going to work may be inconvenient, exhausting and unpleasant for someone, but there is absolutely no reason why they shouldn't - they are generally not incapable of work.

NeilCr

TELLIT01 wrote: »

Not necessarily true. SSP entitlement is based on income over the previous period of 8 weeks (I think it's 8 weeks anyway). That means, potentially there could be an entitlement to SSP from day 1. I'm not sure how it would work if the OP is on SSP when the current job ends. Would the new employer have to pay SSP because the claim would link? It's a question to which I don't know the answer.

I think (!) that as the OP hasn't actually started work (I.e is off sick) they won't qualify for SSP. If they'd turned up for work and then gone sick they would

Contractual sick pay is another issue

It's a good question though!