Second sickness

acsrjsk

Hi I have just come off four weeks sickness with back pain. I have handed in my resignation for three months notice. In reality there is only four weeks of work but yet to be confirmed with untaken annual leave. Can I immediately go on another sickness say 7 days and is there anything my employer could do considering I am leaving? I am sick of the place!

kimwp

Are you sick?

acsrjsk

Ok I get the point. Thanks

Undervalued

acsrjsk said:

Hi I have just come off four weeks sickness with back pain. I have handed in my resignation for three months notice. In reality there is only four weeks of work but yet to be confirmed with untaken annual leave. Can I immediately go on another sickness say 7 days and is there anything my employer could do considering I am leaving? I am sick of the place!

You will need a "fit note" (i.e. sick note) from your doctor. Assuming you have that then realistically there is very little the employer can do as any steps they could take towards a capability dismissal will take time and would be fairly pointless as you are leaving.

It is worth noting that the employer is not obliged to let you take any unused annual leave during your notice period. Than can insist you work (or be signed off sick) and opt to pay you for the untaken holiday after you leave. It is hard to see why they would do that but it is their right.

Also worth noting that the vast majority of company sick pay schemes are "discretionary". Assuming you usually get company sick pay and your scheme is discretionary, the employer could (and may well) opt to only pay SSP if you are off sick again. In which case you would only get about £100 per week.

If the employer has "questions" about your sickness they may well take the above steps. Another option would be to try and agree a shorter period of notice and leave sooner if that is what you want to do.

74jax

I'm unsure if the 'sick of the place' is that's its making you sick? If so then speak to your doctor, mental health has taken a huge hit during the pandemic and you won't be the first.

If there's only 1 month's work and you have 3 months left, what would you normally do? I'd be inclined to wait it out to see if they offered to let me go earlier wih pilon. 

Jillanddy

Of course a well-worded damning reference is always a risk. It depends whether you are bothered about references.

TELLIT01

I'm assuming your GP has said you are fit for work and will therefore not provide another medical certificate.  Anybody can go 'off sick' at any time, but entitlement to any form of sick pay is another matter.  If the employer doesn't believe it is a genuine illness they can refuse to pay you.  This applies to SSP as well as any company sick pay.