Best way to design due to illness.

MoneyMoney

I am full time employed long term, I have been medically diagnosed as very unwell (I don't want to get into it too much but suffice to say a GP would back me up and have said I am too sick to work if I decide and would happily go to a company designated doctor for confirmation) I have always worked however this role has become considerably more demanding than was presented too me on accepting it (they agree this is the case). I don't want to go on sick leave, rather want to move to a new job that was part time or less demanding while I can work. There is no internal scope for this too happen within the company.

Legally can I be held liable for my notice period in terms off length and getting paid if if I cut it short. I would intend to work some of it to transition the role. Also I have unagreed commissions (these are very loosely arranged) that I am concerned won't be paid if they see no future benifit to me even though this was for previous goals met.

agrinnall

Yes, you can be pursued for any costs that your employer incurs due to you not working your notice, such as taking on contract staff to cover your work, although in many cases this doesn't happen (but don't expect to get a good reference anyway). Whether your commission will be paid will depend on the terms of your contract, but it's pretty common for commission to be withheld, sometimes even if the contract doesn't allow it, as employees may not want to go to the bother of suing their ex-employer for the money.

MoneyMoney

OK thanks, that answers that I guess, I was hoping I could cut short any leave period though wasn't planning on just disappearing.

I guessed as much on the commission and it is not contractual so guess that is a non starter. Thanks.

Les79

Can't you hand your notice in whilst off sick?



Or maybe grin and bear it during any sort of overlap period!

LilElvis

Do you have any leave remaining that you could take during your notice period?

MoneyMoney

I was trying not to give notice while sick, suppose I will see if we can mutually work something out. Wanted to know where I legally stood and if I could leverage legitimate illness to shorten the time without just bailing on them. I do have some leave as well.

TBagpuss

Your employer may be willing to agree a reduced notice period, if you explain the circumstances.

Alternatively, you can can hand in your notice and work as much of it as you feel able for, and if necessary ask your GP to provide you with a fit note to cover any remaining period.

Why do you not want to serve the full period. Is it that you have another job offer, or that you don't feel you would be well enough?

If your illness is serious enough that it would (potentially) be classed as a disability, your employer might be quite happy to cooperate to let you resign - rather than finding themselves in a position where they might need to look at dismissing you if you are not able to work , but they are concerned about disability discrimination / unfair dismissal

MoneyMoney

I don't want to leave the high and dry as they have been reasonable, I will talk to them. I was just asking to get an idea where I might legally stand so I knew what was reasonable. I was hoping to do reduced hours to help with handover.