Resigning while on sick leave

[Reisi]

I’ve currently been going through a lot health issues causing depression and anxiety I’ve been having a quite a lot of time off work as the job hasn’t helped i have recently got a sick note but I don’t want to go back how do I approach this?

You can resign on sick leave but you still need to meet your contractual obligations and give the correct amount of notice.

i don’t have a contract never seen one! Been there 14yrs when you mean the correct amount of notice does that mean I have to work that notice still

If you don't have a contract then there's an "implied contract" which is what would still protect you if you didn't get paid or were sacked unfairly.

An implied contract doesn't have a kegally defined notice period as such. The absolute minimum is 1 week unless you have been there less than a month. Otherwise the notice period must be reasonable, taking into account seniority. So many junior staff members could get away with 1 week. If you'd be easily replaced and it's relatively unskilled work then try giving one week notice but if you are a team leader or higher, or it will be trickier finding someone to replace you, then a month would be more standard.

When you write you say you are giving your notice and in the absence of a formal contract you believe 1 months notice is reasonable so your employment will terminate on (date).

If you believe you have untaken annual leave owing then state this too.

They are supposed to then write back confirming your leaving date and confirming how any outstanding leave will be dealt with.

We had a colleague resigning recently during sick leave (stress was a major factor for her, personal and professional).

She said goodbye to me and mentioned that her GP extended the sick note so the notice period was covered and she didn't have to come back to work. She also had unused annual leave.

Probably best to check the facts with HR, but after 14 years there might be something they can do to keep you until this period is over, wouldn't that be better than leaving?