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Off on sick due to accident at work but found a new job, please help.

(11 Posts)
nextphase Thu 15-Aug-13 21:05:23

Holiday which is unable to be taken due to prolonged sick leave can be accrued over, so that should be OK?

Would stress and interview be contra-indicated?

Nothing to do with me, just nosy! Thank-you for humouring me!

flowery Thu 15-Aug-13 20:23:19

Well exactly, depends on the job, the condition the person is signed off with and what activity they are doing.

Basically, as you would expect, an employer would/should find it unacceptable for someone to be doing something that goes against what their medical certificate indicates they are fit for, anything that matches activities or conditions replicated at work, which they are allegedly unfit for. So yes your examples sound reasonable.

Your employers policy needs updating if it says you can't take annual leave during sickness absence. Although obviously an employer can refuse holiday requests if not convenient, it must allow employees on long term sick leave to take holiday- they are not allowed to lose it.

In terms of your question about how one would go about doing something that was deemed unacceptable, well it really depends what it was one was planning on doing! The easy answer is that if work would consider it unacceptable, you shouldn't be mentally or physically able to do it so it shouldn't be an issue.

But there are always exceptions. Many long term conditions fluctuate day to day. Chronic fatigue syndrome, for example. A person may be suffering from an extremely debilitating condition which prevents them regularly attending work, commuting, doing their job, but they may have "good days" where they could at that moment find themselves able to do something which might be "unacceptable."

nextphase Thu 15-Aug-13 19:21:59

flowery, not sure if your still around on this thread, but I'd be really interested in what would be deemed acceptable or unacceptable whilst on sick leave. I would also imagine that there is a big grey area in the middle that would be dependant on your job / the reason you were off sick! So skiing while off with a broken leg - no, holiday on a sun lounger while off with stress, probably ok?

We cannot take annual leave when off sick, for me that is clear in our T&C's, so how would you go about doing something work deem unacceptable if signed off on long term sick?

As alluded to above, we have had someone dismissed for gross misconduct for actions while on sick. HR are also being on the tough side of fair (but almost certainly within their remit) atm. We have had a big swing in the feel of the company, and a correspondingly high level of people escorted off site!

flowery Thu 15-Aug-13 09:55:06

10 weeks notice is perfectly fair and "allowed" - that's how much notice your employer would have to give you.

And it's perfectly allowable to take annual leave during sickness absence as well, although I would not advise the OP to do that as its not necessary.

goodgrief54 Thu 15-Aug-13 07:19:16

30 days leave remaining mid year seems rather a lot. have you pro ratad this to the date you are thinking of leaving? nothing wrong looking for new job when off sick and in fact will probably help to reduce the amount of notice you need to give as i guess your work will have been reallocated.. good luck. smile

Hitman Wed 14-Aug-13 12:08:44

Thanks for the replies, appreciated!

After searching the internet and government sites, it does seem the general consensus is it's perfectly fine to look for other work whilst off sick and many people do for various reasons mainly not wanting to return to the type of work they're currently doing.

I wouldn't want to inform my current employer until I knew I'd actually got the job and it would be in the form of a termination request letter and to ask about an agreement of notice period taking into account my remaining holidays.

I agree and I feel it would be best to let the prospective new employers know about my accident and that I am near full fitness (thanks for the wishes!), which as said I would be fit for work after the notice period, after all if they want me then will understand and wait.

I do have the niggle though in the back of my mind that they could be put off and may think it could cause problems later on.....

ParsingFancy Wed 14-Aug-13 11:59:22

shockIt'd have to be a helluv'an interview for someone not to be fit to be attend because of a nearly healed broken arm!

Even a fairly physical 30 min skills test wouldn't be the same as working 8 hour shifts, day after day, using exactly the same skills.

nextphase Wed 14-Aug-13 10:14:34

But your not fit to be at work, so are you fit to interview? You can't take annual leave when sick, and we have just had someone dismissed for doing something they would have taken leave for, but as they were signed off sick, they just did it. Having seen that, I'd be careful.

ParsingFancy Wed 14-Aug-13 10:10:05

Is there something special about being off sick?

Because I don't understand why one would deal with this new opportunity any differently when off sick, than not off sick.

You wouldn't normally tell your current employer you were going for an interview, just take day off as annual leave or whatever. You'd let them know when you gave notice, having secured the new job, and then you'd work that notice.

If OP is close to recovery (best wishes!) then s/he should be fit enough to work by the end of the long notice period, so there shouldn't be an issue there.

nextphase Wed 14-Aug-13 09:55:27

I'm on three months notice, so think your 10 weeks is OK. Would be tough if been there 20 years, but you signed up to them. With 30 days hol, that would only be 4 weeks to work, so I wouldn't think that is going to cause you a problem.

I'd tell them everything. Otherwise you might get stung if a reference is requested, and it mentions 4 months off in the past year!

Also, Think about having an interview while signed off sick - I think I'd talk to HR before you do that.

Hope you recover soon.

Hitman Tue 13-Aug-13 20:34:18

Hello,

I have been off work since May recovering from a fall from height that happened whilst at work, which i broke my arm, however today I received a job vacancy from an agency, which I replied to and sent in my CV and the new employers are really impressed with it an now I have an interview in a few days!

Now I have 2 dilemma's..

Firstly what do I say about my current situation as I am still signed off work but close to full recovery (on physio), do I keep quiet about the accident or tell them everything?

Secondly is I have been with my current employer for 10 years and looks like it is 1 week per year for the notice = 10 weeks, is this allowed to be so long, however I do have 30 days holiday yet to take, this does seem unfair and I think it's use is to stop the employee's seeking employment elsewhere, making it nearly impossible to leave.

I feel I have 2 things against me getting the job, which looks to be my dream job.

Any help and advice on this would be appreciated!

Thanks.

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