Off sick and resigning

JReacher1

You’ve been there less than two years and they can dismiss you with only weeks notice. In the interest of protecting your reference I would take the one week notice option. With an agreement they give a positive reference. 

The alternative is they dismiss you, your reference to the new company says you’ve been off work for four weeks with stress and were dismissed. I suspect they may lead to your new job offer being withdrawn. 

MalMonroe

Hi, my suggestion is that you contact Acas. (btw Citizens Advice isn't closed, they have just reduced their hours but acas is more specialised). Click here : https://www.acas.org.uk/contact    They do say they are very busy at the moment but to keep trying. They really are very good at helping with all and every employment query.

MalMonroe

Brynsam said:

Sounds like you've burned your boats.

How is that helpful?

MalMonroe

lostelephant said:

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. 

So basically lie, then?

TBagpuss

As you have been employed for less than 2 years they can dismiss you for any non-discriminatory reason. Given that you had told them you were leaving it's hard to see you being able to claim you were dismissed for a discriminatory reason  - they've simply decided that if you are leaving they want you to go sooner rather than later, which isn't unreasonable, especially if the relationship was already rocky. 

You have given notice, they have (in effect) given you counter-notice which is shorter, but consistent with your contract. From what you say, effectively they are dismissing you with 1 weeks notice.

You could have waited and handed in your notice 2 weeks before you actually wanted to leave, and they could have chosen to accept a longer notice period, but I don't see that they are under any obligation to do so.

Your sick note is not relevant - they can dismiss you when you are on sick leave just as they can when you are in work, as long as they follow the correct procedure, which it appears that they have, since you say that your contract only requires them to give you one week's notice and  it sounds as though that's exactly what they have done.  It would only be unlawful if they were dismissing you because of a protected characteristic such as age, gender or disability etc. If you had been there for over 2 years then dismissing you because you gave notice could be unlawful, but you haven't,so it isn't.  If it means that you have to have a couple of weeks while you are sick on your own time rather than theirs then unfortunately so be it. 

You will of course be entitle to be paid for any holiday time you have accrued but not taken, and I believe (but double check) that you are entitled to be paid at your normal full rate for the week's notice, even if you have used up any  paid sick leave you are entitled to and and would otherwise be getting SSP.

lostelephant

MalMonroe said:

lostelephant said:

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. 

So basically lie, then?

How is that a lie? The fact OP hasn't signed a contract yet and they are still doing pre-employment checks suggests it's a provisional job offer rather than a formal one. 

thebrexitunicorn

Unfortunately,  they can dismiss with one week’s notice given the contract and your length of service, being signed off sick doesn’t change that. 

thebrexitunicorn

MalMonroe said:

Hi, my suggestion is that you contact Acas. (btw Citizens Advice isn't closed, they have just reduced their hours but acas is more specialised). Click here : https://www.acas.org.uk/contact    They do say they are very busy at the moment but to keep trying. They really are very good at helping with all and every employment query.

With this query there’s  nothing that Acas can add to what’s already been posted.