Can I work my notice whilst on sick leave?

(16 Posts)
BlueButTrue Wed 20-Sep-17 08:18:57

There's nothing to suggest either yes or no in my contract.

I have been offered a new job (same employer, NHS), but the location is local. Travelling to my old work was making me considerably more ill, and the hours in this new role suit me really well etc.

I just don't know... My contracted notice period is 4 weeks - Which new hospital know but obviously they don't know I'm off sick!

Will I have to work those 4 weeks if I want to resign?

Thanks all flowers

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BlueButTrue Wed 20-Sep-17 12:53:10

Bump

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HuckfromScandal Wed 20-Sep-17 13:08:39

If be careful that your new hospital doesn't know your off sick.....
If you've lied about it and you get found out - they may withdraw the offer

BlueButTrue Wed 20-Sep-17 14:30:39

Lied about what to who?

And how would they find out I'm on sick anyway?

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HuckfromScandal Wed 20-Sep-17 14:52:13

If you're currently off sick - you can hand in your notice.
''Tis would count as part of the notice period.

I am advising caution that you are currently off sick - and your new employer doesn't know that.
If asked for a reference and it came out - it may not look favourable.

I am just advising caution.
I have seen employers withdraw job offers because they have not been made aware of a candidates absence record

BlueButTrue Wed 20-Sep-17 15:42:15

Huck I see what you're saying and I'm sorry if I sounded like I was jumping down your throat blush

But, it was my understanding that maternity sick leave wasn't taken into account the same way as normal sick leave?

My issues that I'm off for are Maternity related so I thought that was a different ball game?

For example, employers can't have a sickness absence disciplinary if it's pregnancy related absence etc

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CotswoldStrife Wed 20-Sep-17 15:49:28

Well you didn't say you were off with maternity-related illness, just that you were on sick leave.

Does the new employer know that you are pregnant (because if the reference says anything about your current absence it's going to let them know if they already don't) and is it likely to resolve enough for you to take up the new role?

I would check that it is a transfer and not a completely new contract as it could affect your maternity benefits.

BlueButTrue Wed 20-Sep-17 15:53:53

Cots I was under the impression they couldn't mention me currently being off because it's pregnancy related?

It is a new contract I would've thought, but because it's just another NHS hospital, they transfer your service for the NHS and maternity pay stays the same

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GahBUggerit Wed 20-Sep-17 16:38:05

They can mention it but they have to separate it out from your normal sickness record, but the new employer cannot use it as a reason to withdraw the offer.

BlueButTrue Wed 20-Sep-17 17:12:54

Gah I see, well I currently have 0 actual sickness record. I've never been off apart from this pregnancy related stuff

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HuckfromScandal Wed 20-Sep-17 18:04:31

Ok slightly different then.
If they were to withdraw offer on the basis of maternity related illness - you would have a discrimination claim.

I would hand in notice and enjoy new job

flowery Wed 20-Sep-17 18:20:34

If it's the same employer you're not resigning from your employment as such, you're just giving notice that you will be transferring. Assuming your contract/policy states that you have to give the same notice for moving as you do for leaving, then yes you can hand in your notice while off sick. You won't have to work your notice period if you remain signed off as unfit to work.

HuckfromScandal Wed 20-Sep-17 18:56:52

It may not be the same employer - it may be a different health trust.

flowery Wed 20-Sep-17 18:58:50

OP says it is the same employer.

BlueButTrue Wed 20-Sep-17 20:14:23

Hi all, thanks for the input. It is a different health trust I would've thought? This hospital I will be working at is in Bedfordshire whilst my old hospital is in London, but they're both NHS foundation trusts etc.

So I have been advised that my maternity pay won't be impacted.

How do I hand in my notice? Via letter? I suppose I will have to word it as a transfer instead of saying I'm resigning, or should I just say I'm resigning from my post as xyz and there declare this as official notice of my 4 week notice period? blush

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flowery Wed 20-Sep-17 22:28:48

Different employer then.

Yes just put your resignation in a letter.

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