Work advice needed? Please, need help today

[Countrymouse1]

Hi there,

I posted when I was extremely upset about wanting to leave my job, and how badly it was affecting my mental health to the point of feeling desperate enough to want to hurt myself, and my thread got moved to the mental health section. I got great support over there from very kind people, but I need some employment law advice. Have had some sleep and realised no job is worth this, and I need to get out because it clouded my perspective so much it's unbelievable. Posting here for traffic, I hope this is ok, as it's quite urgent as I'm supposed to go back tomorrow.

I want to give notice, probably tomorrow or maybe later in the week, but I cannot face going in to work my notice period. If I have a doctor's certificate will that excuse me or can my employer sue me? I have been signed off sick for a week and my employer kept calling me yesterday to harrass me so they would try to make my life difficult if possible. I am really scared, I can't cope with anything else like being sued at the moment, I just want to get out of that oppressive environment where they all hate me, settle on my meds and find a job somewhere more neutral so I can pay my bills.

Does anyone know the legal situation? What can I do safely that won't make everything worse??

Countrymouse if your doctor has signed you off sick that is good enough. If leaving is what you want to do then give your notice tomorrow. If you can face ringing then do so then pop a short letter in confirmation into the post. If you have to give a month's notice you may need another certificate but there is nothing in your post that suggests your employer can sue you.

You can have a look on the ACAS web site and tomorrow why not ring their confidential helpline for some extra guidance. Good luck x.

your employer should not be calling you to harrass you especially whilst off sick. No they cannot sue you for being off sick as long as you have a fit note from your GP. Make sure you have a consecutive fit note with no gap from the last one, inform work you are off ill until xxx date then seek proper employment advice before handing in notice. You may be able to sue them for making life intolerable to work in or to be let go on health grounds. This could be important for you for claiming benefit whilst unemployed, do not just hand in notice before checking out your rights with ACAS or your Union. everyone should be in a union for precisely this reason IMO while you are off sick an employer can ring to see how you are and to keep in touch regarding work but for no other reason. keep a record of how many times they contact you and what is said. good luck, look after yourself but above all don't let them grind you down and get proper advice before making any decisions tempting as it is to just chuck it all.

I was in the same situation last year. I was so ill BECAUSE of my boss, so working my notice wouldn't have helped at all. I told the doctor that, and she said she did not want me going back to that place. She signed me off for as long as my notice period was and told me to spend the whole time looking for a new job.
I don't know what I would have done otherwise.
Good luck OP.

(The doc also said to just send an email about notice and being off sick, and to send sick note in the post. She said to ignore any phone calls)

Yes you can give notice and be off sick. Glad you are taking control/steps to get better

Being signed off by your GP is fine, they can't sue you for being ill. Check your contract though, just to be prepared, because at my company we do not pay company sick pay during a notice period so it would be SSP only.

Thank you. They have only paid stat sick pay the last week anyway, and demanded a gp letter for the week. When I spoke to my gp they said my work was wrong and the first 7 days I self-certify, and only then do I need to get a fit note, which I will do this coming week.

Is it illegal to go to interviews for other jobs if signed off sick from current job?

I did ring ACAS but they weren't very helpful. They advised me to seek advice from an employment lawyer.

Oh and the consultant who initially prescribed my antidepressants initially advised that I needed some time off work, and when I saw her again in the past week she agreed it sounded like I need to get out of there for my health. As did my counsellor. So I do have the back up of mental health professionals on why I need to get out.

Dont let them stress you out. You can self certify for the first week, your GP is right. And once your notice is in, don't worry about what they think of you going for interviews. Don't take this harshly, but from the employers POV they'd sooner you left than have you on long term sick with work related stress. If you're signed off and leaving at the end they aren't going to care about attending interviews. Does your sick note say work related stress? Employers don't like that and it should make them back the fuck off.

They might have a policy about SSP only during notice period (if they pay any occupational sick pay), other than that, there's nothing they can do.

You are quite right - not job is worth your health . Hope you feel better soon

Thanks again.

So I won't get into trouble if I job hunt when on my sick cert then? Really don't want to bring more trouble to my door but equally need to try to find something new asap so I can pay bills, and it can take time to find a new job...

its so stressful but i cannot go back, work should not be like this. Already dry heaving over the toilet tonight at the thought of having to even communicate with them tomorrow to let them know I am not coming in. So anxious.

Op. Please talk to someone like employment solicitor or cab, as if you signed off sick your employers shouldnt be contacting you. Sounds a horrible situation. Sends you hugs. Might be worth posting this in legal to. X

Thanks LondonRach, legal is a good idea too!