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Employer refusing notice

(186 Posts)
Jewlry Sun 08-Oct-17 18:37:47

I handed my notice in on 2nd October with immediate effect due to health reasons. I'd been on long term sick leave (work related) for a while and for me to give the required 4 weeks notice would only have been me remaining on sick leave for another 4 weeks anyway. Employer has now written to me to say that I have to give 4 weeks notice and therefore my last day with them will be on 30th October even though I've already started a new job! Don't understand this at all!

FuzzyOwl Sun 08-Oct-17 18:39:45

Your contract terms don't change just because you are off sick. If your contract states you need to give four weeks' notice, then that is what you need to do.

You're on very dodgy ground as you cannot be off sick and working.

ItsAllGoingToBeFine Sun 08-Oct-17 18:39:48

If they require 4 weeks notice, they require 4 weeks notice. I don't think you can just decide not to give notice.

If you were sick for the four weeks, how have you started a new job?

AlexanderHamilton Sun 08-Oct-17 18:40:43

How can you be on sick leave but working in another job. Is there a massive difference in the jobs in terms of health requirements?

GreenTulips Sun 08-Oct-17 18:40:50

Nor do I, you are either too sick to work or able to work

Which is it?

EggysMom Sun 08-Oct-17 18:41:32

To be on sick leave for another four weeks (presuming you are in the UK) you'd need a fit note. What does that fit note say? Is it specific in saying that you are fit to work but not in your current role, or does it say that you are not fit to work?

LavenderDoll Sun 08-Oct-17 18:42:00

You need to give 4 weeks notice
You can't be off sick and working
And if you aren't off sick then you need to be working your notice

AlexanderHamilton Sun 08-Oct-17 18:42:01

I mean if job A is manual labour but job B is sitting in an office all day I can sort of understand but you still need to give your required notice.

Jewlry Sun 08-Oct-17 18:43:28

I'm not on sick leave. I had been on sick leave. I resigned with immediate effect on 2nd October due to work related health issues.
Since that time I've started a new job.

Anatidae Sun 08-Oct-17 18:44:54

You’re on dodgy ground here. You can’t be off sick from one job and start another.

Your employer is just following the terms of your contract. They are not in the wrong.

Can you explain a bit more why you’ve started a new job when you’re on sick leave? You could be in breach of your contract.

AnchorDownDeepBreath Sun 08-Oct-17 18:45:27

I believe you didn’t resign with immediate effect until they accepted it - which they haven’t done - so you’re still employed by them and on sick leave. You are on very dodgy ground with your new job now.

insancerre Sun 08-Oct-17 18:45:35

You are contracted to give 4 weeks notice
You could leave before that finishes but you would be in breach of your contract
This means you won't get any pay you have in hand and may affect your reference

LavenderDoll Sun 08-Oct-17 18:45:37

You need to give 4 weeks notice though.

AlexanderHamilton Sun 08-Oct-17 18:46:04

Well if you are no longer on sick leave you should be working your notice.

EggysMom Sun 08-Oct-17 18:46:26

So your Fit Note expired on 2nd October, and you resigned with no notice on the same date?

If your employer insists that you work your notice, what are you planning to do? Go back to the GP and get another Fit Note? My point being that, if you do this, then you cannot really work in your new job either unless the Fit Note is very role specific.

Anatidae Sun 08-Oct-17 18:47:23

Ok cross posted. You can’t resign with immediate effect if your contract requires x amount of notice unless your employer agrees to it. Just as they have to give you four weeks notice, do you have to give them that much notice.

It’s likely you’re in breach of your contract. Did they give you any reason to think you could leave with immediate effect?

Jewlry Sun 08-Oct-17 18:47:46

On 2nd October if I'd have given the required 4 weeks notice, I would have remained on sick leave for that period as not fit to return to that job. GP fit notes over last few months stated not fit for work and suggested a transfer/ alternative duties. Previous Employer did not provide transfer or alternative duties. I sourced another completely different job in different sector and started the new job after i resigned with immediate effect

Scrumptiousbears Sun 08-Oct-17 18:48:09

Hmmm. I agree with others. You haven't thought this out have you? Are you in the U.K. OP?

Mehfruittea Sun 08-Oct-17 18:48:48

The only way round this is to ask for a settlement agreement, where you both agree to immediate termination. Otherwise you could claim unfair dismissal, that you were forced to resign with immediate effect due to some imaginary or real behaviour of your employer. They are protecting themselves.

Other posters are also right to question how you are able to be well enough to work for one employer but not the other. Is the role significantly different? Be careful not to claim sick pay or even SSP with current employer while working for new employer: it's effectively fraud. And you WILL get caught due to using your NI number. HMRC will spot the overlap in dates and payment types automatically.

AlexanderHamilton Sun 08-Oct-17 18:49:01

But you can't resign with immediate effect. You can ask (nicely) if they will allow it, but you can't just assume.

Tiddlywinks63 Sun 08-Oct-17 18:49:06

You can't 'resign with immediate effect' i think, if you have a 4 week notice period (although an employer can tell you this if you're undergoing a disciplinary/gross misconduct) and if you were too sick to work on 2 October you must have had a miraculous recovery to have started a new job immediately.
You have to work your notice or be signed off therefore you cannot work during that period.

Anatidae Sun 08-Oct-17 18:49:28

But you can’t resign with immediate effect.

Just as they can’t get rid of you with immediate effect. The contract is for four weeks.

insancerre Sun 08-Oct-17 18:51:07

They can't exactly force you to go back to work though
I've had people resign and not work their notice
It means they don't get a reference or the 2 weeks in hand they work when they first start
I wouldn't want soneone working fur me that didn't want to be there

Mehfruittea Sun 08-Oct-17 18:52:09

Sorry OP cross post on tours with more info. I'd still aim for settlement agreement, skip the boss and go straight to HR, they will bite your hand off! grin

Jewlry Sun 08-Oct-17 18:55:15

Ok I think there's some crossed wires here,
I don't expect anything at all monetary wise from previous employer as I resigned on 2nd October,
The 2 jobs are worlds apart. I was not fit for job 1 without them making some amendments ... transfer or alternative duties. They didn't. Rather than remain on long term sick leave I resigned with immediate effect.
I then sourced another job completely different field to job 1. I am fit for job 2. I am not fit for job 1

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