Can I leave my job?

kiboartist

Hello guys, I'm new here and I'd like some advice please. I've been planning to leave my job next year for a long time, it's no longer what I want and I'd like to go to university and retrain. My problem is I've been ill since March this year and don't have a diagnosis yet. I don't know when I'll be well enough to return to work yet, so they've put me on their long-term sickness programme. I cannot resign straight away as I have training costs with them at costs of £1800 which won't expire until March 2021, so my original plan has always been to work out my contract and leave a free person.
 My new plan looks like: 1. trying to get a diagnosis in our current climate (not easy).
2. Getting better and returning to work as soon as I can.
3. Leaving in March as I always planned to. 
Can I do this and not be punished for returning from sick leave then handing in my notice? Thankyou in advance! 

AskAsk

i don't see why you can't give in your notice when you return from sick leave.

kiboartist

AskAsk said:

i don't see why you can't give in your notice when you return from sick leave.

I could hand it in and give lots of notice, but my contract expires March 2021 so if I leave earlier I would incur the training fees I mentioned, which I can't afford to pay, and don't want to. I'm happy to work out my notice for them to avoid paying this, I'm just not sure if I could leave after a period of extended sickness.

AskAsk

kiboartist said:

AskAsk said:

i don't see why you can't give in your notice when you return from sick leave.

I could hand it in and give lots of notice, but my contract expires March 2021 so if I leave earlier I would incur the training fees I mentioned, which I can't afford to pay, and don't want to. I'm happy to work out my notice for them to avoid paying this, I'm just not sure if I could leave after a period of extended sickness.

when do you think you will be returning to work?  and how long is your notice period?

Dox

kiboartist said:

AskAsk said:

i don't see why you can't give in your notice when you return from sick leave.

I could hand it in and give lots of notice, but my contract expires March 2021 so if I leave earlier I would incur the training fees I mentioned, which I can't afford to pay, and don't want to. I'm happy to work out my notice for them to avoid paying this, I'm just not sure if I could leave after a period of extended sickness.

You can leave any time you like for any reason or no reason. If you are still an employee (and clearly you are), then unless your contract says something to the contrary, the fees cease to be repayable in March 2021 - so read your contract, carefully.

kiboartist

when do you think you will be returning to work?  and how long is your notice period?

My notice period is 4 weeks, and unfortunately due to my doctors surgery slowing down because of covid I don't know yet, not until I am better, my job is mentally demanding and I'm on my feet all day. Nothing has changed in 7 months healthwise so it's hard to say.

TELLIT01

Do not give more than the required notice.  If you do the employer could potentially give you the required note 'the other way' ie. what they are required to give.  There is nothing to be gained for you in giving advance notice of your desire to leave.

AskAsk

kiboartist said:

when do you think you will be returning to work?  and how long is your notice period?

My notice period is 4 weeks, and unfortunately due to my doctors surgery slowing down because of covid I don't know yet, not until I am better, my job is mentally demanding and I'm on my feet all day. Nothing has changed in 7 months healthwise so it's hard to say.

so would your contract end anyway if you are still on sick leave on 31.03.2021? 

if you return to work before your contract ends then you could give the 4 weeks notice before your contract ends if you don't want to pay back the training fees.

kiboartist

so would your contract end anyway if you are still on sick leave on 31.03.2021?  

if you return to work before your contract ends then you could give the 4 weeks notice before your contract ends if you don't want to pay back the training fees.

No, but the clause about paying the fee would end then as it's exactly 2 years since I undertook the training, leaving me free to leave without paying them.

AskAsk

kiboartist said:

so would your contract end anyway if you are still on sick leave on 31.03.2021?  

if you return to work before your contract ends then you could give the 4 weeks notice before your contract ends if you don't want to pay back the training fees.

No, but the clause about paying the fee would end then as it's exactly 2 years since I undertook the training, leaving me free to leave without paying them.

so you can't leave until 31.03.2021, then you don't need to make a decision until 4 weeks before then.

getmore4less

Check the payback clauses very carefully and make sure it is not triggered by giving notice.
and there is the risk they put you on PILON and terminate before the time is up which could also trigger payback,

You can resign while sick anyway so the returning to work is a not really an issue.
Resign 1st April or later of the cut off date is 31 March.