Off sick and resigning

musefan1966

I have been off sick for 2 weeks with work related stress and have 2 weeks remaining of my sick note.
I raised a grievance with my employers due to how i was being treated. I was due a meeting to discuss these issues, and in the meantime had a phone interview for another job (i had been looking before going off sick) and was offered the job. I am not due to start until the beginning of October.
My manager emailed me and asked me what i was doing as he had received a request for a reference from my future employer. I was going to hand my notice in at the meeting, however, I advised that i would not be returning so they asked for my letter of resignation. Now my sick note does not run out until the 14th September, but they have told me that i only have to give a weeks notice. I sent my letter giving notice for when the sick note ends, but they have said this is wrong as they only need a week.

Can someone please advise me what my rights are? Do they have the right to do this or are they correct in asking for me to give one weeks notice even though i have a valid sick note.

 I have tried citizens advise but they are not open and no one is taking calls regarding issues of this nature.

Socajam

I would agree with them, you cannot have it both ways.
It is illegal, not sure, but someone with employment experience will advise you, I am sure.
In these times, which employer would want to pay you for being off sick and at the same time looking for a new job

oh_really

At the moment you are off sick, do not resign. You also have a job offer that you are only considering at the moment (do not inform your current employer you have accepted). Since your employer is not atm accepting your resignation, revert to your fit note i.e your unwell and off sick and let it continue (does your prospective employer understand your off sick)?

The potential fly in the ointment is your current employer acts on the resignation notice you have submitted and exits you out the door 1 week hence!

Brynsam

Sounds like you've burned your boats.

thebrexitunicorn

Hi muse fan. One week’s notice is the minimum you have to give, there’s nothing to stop you giving a longer period.  If you’ve told your employer you’re finishing on 14th of September the only way they can end the employment earlier is by them dismissing you.  How much notice do they have to give you if terminating the employment?

[Deleted User]

How long have you worked there, if any length of time and worth it then look into constructive/unfair dismissal. I wasn't sick but my company had the nerve to allege and without suppling proof was looking for another job a couple of months ago. It was an ackward time and still is to the point I think it is never recoverable. In a reverse I wish I'd got more cheeky and said boss if I should need to tell you when I next job-hunt does that bring my notice period down!?! Trust me getting out if offer is there is the best option probably when in this situation, whether you have to self-fund for a couple of weeks.

Sandtree

What are the contractual notice periods for each party? How long have you worked for the company?

wilfred30

If your new job is reliant upon a good reference from your current employer, you need to be a bit careful how you handle this.

musefan1966

Hi all, and thank you for your input so far. I have worked there for 17 months, contract says 2 weeks notice.  For them to dismiss me it is 1 weeks notice.

the only reason this has come about is because my new employer has asked for a reference, i was going to discuss this with my current employer when i went for the grievance meeting, but we have agreed that I could supersede this by handing in my notice. I sent my letter saying i would finish on the 11th September but they wrote back the date was wrong and that they only needed a weeks notice.

don't get me wrong i am not trying to have things both ways, i just wanted to know where i stood as my sick note does not run out until the 14th September. 

lostelephant

I don't think you should have informed your current employer that you wouldn't be returning. You could have got around it by saying that the reference request was for a potential job rather than a confirmed job, as I assume you will not have signed a contract with the new employers yet. 

musefan1966

Hi lostelephant, no contract yet been signed, induction is not until the 23rd September. My current employees have sent a counter letter (not agreed or accepted by me) saying the last date of employment is the 2nd September. I have sent a highlighted section of my contract showing the notice period Back to them. But have yet to have a response.