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  • FIRST POST
    • sc0ttie
    • By sc0ttie 18th Apr 17, 5:40 PM
    • 53Posts
    • 8Thanks
    sc0ttie
    Resigning whilst on sick leave
    • #1
    • 18th Apr 17, 5:40 PM
    Resigning whilst on sick leave 18th Apr 17 at 5:40 PM
    I have been on sick leave for a few weeks, the company has been paying me my full pay. I had to go off sick because the job made me very stressed and depressed. My GP gave me some anti depressants and these have had positive results for me, with me starting to feel better. Today I was offered a job by another company, one I applied for a few weeks ago and attended interview for last week. Its a part time role, where as my current job is full time, I feel my recovery will be better to start off part time so that is what i went for.

    I still have 4 weeks left on my dr sick note, if I hand my notice in now, will my current employer be able to insist I go into work my 4 weeks notice or will I be ok to remain on sick leave for the notice duration?

    I really cannot face going back to that job to work any notice, it really hammered the bejesus out of me emotionally and mentally.
Page 1
    • _shel
    • By _shel 18th Apr 17, 5:44 PM
    • 1,657 Posts
    • 2,982 Thanks
    _shel
    • #2
    • 18th Apr 17, 5:44 PM
    • #2
    • 18th Apr 17, 5:44 PM
    If you have a sick note that covers your notice period you don't need to go back. Though your employer is likely to want you to leave with immediate effect with your agreement to save paying you.
    • getmore4less
    • By getmore4less 18th Apr 17, 6:05 PM
    • 33,617 Posts
    • 20,334 Thanks
    getmore4less
    • #3
    • 18th Apr 17, 6:05 PM
    • #3
    • 18th Apr 17, 6:05 PM
    Don't agree to any early termination for them to reduce notice payments.
    • TELLIT01
    • By TELLIT01 18th Apr 17, 6:32 PM
    • 5,673 Posts
    • 6,383 Thanks
    TELLIT01
    • #4
    • 18th Apr 17, 6:32 PM
    • #4
    • 18th Apr 17, 6:32 PM
    Being sick doesn't give the employer the right to reduce the notice period. If they want to terminate employment at an earlier date the OP would still be entitled to the standard notice period.
    • Takeaway_Addict
    • By Takeaway_Addict 18th Apr 17, 6:45 PM
    • 5,925 Posts
    • 6,884 Thanks
    Takeaway_Addict
    • #5
    • 18th Apr 17, 6:45 PM
    • #5
    • 18th Apr 17, 6:45 PM
    TBH most employers won't kick a fuss up as they'll be fairly happy not to deal with the situation any further
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • sc0ttie
    • By sc0ttie 19th Apr 17, 2:23 PM
    • 53 Posts
    • 8 Thanks
    sc0ttie
    • #6
    • 19th Apr 17, 2:23 PM
    • #6
    • 19th Apr 17, 2:23 PM
    Don't agree to any early termination for them to reduce notice payments.
    Originally posted by getmore4less
    Are you sure an employee off sick would have a choice in the matter?
    • Undervalued
    • By Undervalued 19th Apr 17, 4:20 PM
    • 3,689 Posts
    • 3,342 Thanks
    Undervalued
    • #7
    • 19th Apr 17, 4:20 PM
    • #7
    • 19th Apr 17, 4:20 PM
    Are you sure an employee off sick would have a choice in the matter?
    Originally posted by sc0ttie
    You do not have to agree to any variation in your terms of employment. If you wish to resign you just give the correct notice (which technically starts the day after is is issued). If you are signed off sick you do not have to go in. Your employer could in theory insist you use up any untaken holiday during the notice period but if they don't then they will have to pay you for it after you leave. Holiday continues to accrue during the notice period (roughly one day for each two weeks).

    What you cannot do however (unless your current employer agrees) is to start working for the new firm during the notice period. If you want to do that you will need to agree a shorter notice period.
    Last edited by Undervalued; 19-04-2017 at 4:22 PM.
    • getmore4less
    • By getmore4less 19th Apr 17, 4:37 PM
    • 33,617 Posts
    • 20,334 Thanks
    getmore4less
    • #8
    • 19th Apr 17, 4:37 PM
    • #8
    • 19th Apr 17, 4:37 PM
    Also there is the possibility that the last week may need to be paid in full if not paid in full under the sick pay policy.
    Obscure employment act rule based on notice periods.
    • Suzib88
    • By Suzib88 18th Apr 18, 12:17 PM
    • 2 Posts
    • 0 Thanks
    Suzib88
    • #9
    • 18th Apr 18, 12:17 PM
    • #9
    • 18th Apr 18, 12:17 PM
    Do not accept an earlier leave date under any circumstances, regardless of being off sick you are still entitled to at least your SSP for the notice period and as previous poster stated, possibly full pay for a week.

    I am also pretty sure your employer can't force you to take any accrued holiday during your sickness period either, although may be worth checking with ACAS. If I am right, I would leave it until your final pay and you are then better off financially.

    Rule of thumb is, when you are off sick from work you are not allowed to be treated any differently than you would be had you been at work. This means all benefits are still accessible to you and you still accrue holiday whilst off sick.

    I've been off sick since November 30th and handed in my notice yesterday. Upon my final pay i will receive all the bank holidays paid (Christmas, boxing day, new years day, Easter and may bank holiday) as I've missed the payment of them whilst off sick, I will also receive my accrual of holiday from the holiday year of 2018 which equates to about 8 days for me.

    If you need any help let me know, I'm actually resigning from a payroll position and so know the majority of the rules in regards to the matter at hand.
    • Suzib88
    • By Suzib88 18th Apr 18, 12:18 PM
    • 2 Posts
    • 0 Thanks
    Suzib88
    I've just noticed this post is a year old and not from yesterday !!!128584;!!!128514; apologies
    • themups
    • By themups 27th Apr 18, 6:39 AM
    • 1 Posts
    • 0 Thanks
    themups
    Brain pick
    Hi I was reading a thread you recently posted on and was wondering if i could pick your brains?

    My OH was recently signed off sick due to stress( more from being a carer for my MIL alongside his job), and was advised by GP to hand in his notice as well due to the two stresses causing anxiety etc.

    Scroll forward, he handed in both his gp note for 4 weeks off and his 4 weeks notice - he was in employment for 2.5 years with this company.

    His last working day was 22nd march - so we were expected his notice pay this week ( having worked a month in hand), but it hasnt arrived but his P45 did last month.

    I was kind of under the impression that even if you were on sick during your notice your still entitled to a min of SSP? or am I getting quite muddled?

    thanks
    Sarah
    • stclair
    • By stclair 27th Apr 18, 1:02 PM
    • 6,503 Posts
    • 3,445 Thanks
    stclair
    Give ACAS call !!!8237;0300 123 1100!!!8236;.
    Im an ex employee RBS Group
    However Any Opinion Given On MSE Is Strictly My Own
  • archived user
    long term sickness future reference
    Hi I have never used a forum before can you comment /advice me on this different situation or do I have to new post?
    Been on long term sick coming up to 1 year (in ESA support group).Employer is about to start Competence procedure to dismissal. Is it wise for me to resign? Will it stop dismissal showing on my reference to future employers? I have another job offer –subject to reference checks and Occ health form which I would like to take up. If I do not get this other job because of my sickness could resign cause problems with DWP future claims.
    • elsien
    • By elsien 12th Oct 18, 9:03 AM
    • 17,771 Posts
    • 45,103 Thanks
    elsien
    Hi I have never used a forum before can you comment /advice me on this different situation or do I have to new post?
    Been on long term sick coming up to 1 year (in ESA support group).Employer is about to start Competence procedure to dismissal. Is it wise for me to resign? Will it stop dismissal showing on my reference to future employers? I have another job offer –subject to reference checks and Occ health form which I would like to take up. If I do not get this other job because of my sickness could resign cause problems with DWP future claims.
    Originally posted by 2asku
    You'd be better off starting your own new thread on the topic. More likely to get relevant answers that way. There's a thread tool button too right. The start new thread option is in there.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Comms69
    • By Comms69 12th Oct 18, 9:10 AM
    • 5,907 Posts
    • 6,177 Thanks
    Comms69
    Hi I have never used a forum before can you comment /advice me on this different situation or do I have to new post?
    Been on long term sick coming up to 1 year (in ESA support group).Employer is about to start Competence procedure to dismissal. Is it wise for me to resign? Will it stop dismissal showing on my reference to future employers? I have another job offer –subject to reference checks and Occ health form which I would like to take up. If I do not get this other job because of my sickness could resign cause problems with DWP future claims.
    Originally posted by 2asku
    How long have you been employed there?
    Depends if you think you'll return to work or not? Resigning doesn't actually do anything.
    The reference cans till say "resigned whilst under competence investigation, due sickness absence levels".
    Will you pass OCC health with 12 months sickness absence??
    Yes resigning will almost certainly lead to a sanction.


    Start a new thread as advised; but there's the brief summary notes.
    • sangie595
    • By sangie595 12th Oct 18, 10:01 AM
    • 5,702 Posts
    • 9,946 Thanks
    sangie595
    I'd just add that it would be very unwise to not disclose twelve months off sick. You may be being honest about it, but many people aren't. Lying about anything in the application process is grounds for dismissal. At any future point in time when they find out someone lied.
    • xapprenticex
    • By xapprenticex 12th Oct 18, 8:49 PM
    • 1,608 Posts
    • 1,648 Thanks
    xapprenticex
    we are just doing a few extra checks on a new person, and when we have solid proof that the person has told lies on his application we will be getting rid of him immediately.


    IMO always tell the truth, you may settle in and something catches up with you a year later, a week before xmas and you end up jobless.
  • archived user
    new job application has been given my sickness dates -just though it would possibly be better to leave present job before things progressed to dismissal. Life on benefits is making my illness worse, I have lost my home,my dog and my car. I need new job-its different role,different hours. Possibly I will probably not pass OH and loose the job offer but at least it is worth trying is it not.
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