Can I resign with immediate effect due to ill health?

[deepest]

I am on 3 months notice - but want to resign immediately as I have suffered extreme stress due to my role. I have been to my GP 3 times in the past 6 weeks as I have been unable to cope. I have taken 2 weeks off as annual leave as I was so stressed out but did not want to sign off sick. Can I just resign and say I am not coming back because I am too ill to work my notice?

Exactly - so the dilemma remains - is it worth issuing a grievance when I am back at work during my notice period - what resolution would I be looking to achieve as I have now resigned - an apology and stopping the harrassment and over work for the last few months? I am not interested in withdrawing my resignation. Would it take too long and cause too much stress?

You sound very bitter.

Have you had the OH interview yet? Surely your focus (if you do go back to work) should be on the support put in place for you for those three months.

Maybe revist this when you are feeling calmer and less stressed generally in life. That's when you will be ready to return to work and you will no doubt make better (clearer) decisions then.

Right now, while in the middle of it all, I would not over think it to be honest.

A grievance wouldn't necessarily take ages, it depends how involved it is really. But it is stressful. Honestly based on what you are saying and your decision to resign at this point, I'd say it's unlikely you'll be going back. On that basis I would say consider a grievance only if you are contemplating legal action for constructive dismissal.

As you are concerned about how stressful a grievance would be and how long it would take, I would advise you to think very very hard before considering constructive dismissal. It will take months and be much more stressful than a grievance.

I'm all for people having their rights and being able to take action against their employers if necessary, however even more than that, I advise people to focus on what outcome they want, and what would be best for them personally. Sometimes taking legal action would be best for the person, but often it wouldn't be, and I would say taking legal action for the sake of making a point, or punishing the employer, as some people do, is not usually good motivation and in circumstances where the employee is suffering with stress already, is often not actually in their best interests.

I haven't read the whole thread, but if you just want to leave, without having a record of going on sick leave with stress, just talk to your employer and they will almost certainly agree to you going without working your full notice. Why would they want a highly stressed and unhappy employee who's already decided to leave hanging around longer than necessary?

No I have not yet heard from OH. At this time I dont have the mental or physical energy or clarity to proceed with a grievence and there is no "solution" to propose which is the requirement within my company. I could go back and negotiate that I dont work my contracted 3 month notice - but as the major breadwinner for a family of 6 I need the money to find another job. Once I am better I will just weather the storm and get through the next few months.

I second what flowery said. I used to sit on employment tribunals and you need to think hard about what you want to get out if it. Then think about ways to get that. Taking any kind of action is stressful (grievance/constructive dismissal) but that doesn't mean you shouldn't do it. You can definitely serve your notice while signed off sick. You may also have accrued holiday pay. There may be an early retirement/ill health route via your pension. Or redundancy.

Lots of things. But you probably need to seek advice once you've decided what you want.

Overthemill - are any of these options - redundancy or ill health retirement still an option to me now that I have formally resigned?

If I proceded with a grievence are the only possible outcomes 1) an apology 2) to address the the issues of harrasment and work overload for the duration of my notice period 3) would they then look to me to withdraw my resignation if they apologiesed and sorted the issues?

Flowery is better placed than me with legal advice on employment issues but ime even once you've handed in your notice things can be negotiated especially if you feel 'forced' to resign. Do they want to keep you? Do you want to stay? If you went through grievance procedure now you could end up going for constructive dismissal case (potentially, it's not an easy answer at all) etc so they may prefer to negotiate ill health retirement/ redundancy rather than risk pay out at tribunal. It feels to me like you feel forced out. That isn't fair. You need to be as objective as possible - who is to 'blame'. Have you done everything you can to resolve it ? Used your manager/ trade union etc? I just think a long hard look might be good idea.

I have just had my termination letter from HR -- it says

Dear Deepest,

Blah, Blah - final date...etc then:

Within your resignation letter, you have provided information that we would usually take forward as a grievance complaint. Please can you advise us by the 10th June 2014 if you are raising a grievance regarding these matters or if you would like to discuss this further.

Does this look like they are taking forward a grievance complaint against me...ie "....that we would normally.." then the go on to ask me to advise if I will raise a grievance - confused?

My LM has shared with me the letter she has sent to OH for my referral (for which she did not have my permission - but which she states in the referral letter that she has...bit of a tangent).

She has checked the following boxes that she wants OH to investigate:

Ill Health caused by work
Fitness for work/role
Performance related health issues
Attendance and likelihood of further absence

It means the stuff you said in the letter was stuff fret would normally expect to come in the form of a formal grievance, so they are asking you whether you would like them to treat it as a grievance or whether you would like to discuss any of it.

They are giving you a chance to raise a grievance against the firm if you want to.

You don't have to physically "work" your notice period if you are sick and it does sound as if you are. You could be signed off until the end of your notice period although I see where you are coming from about not wanting to do this. I would agree with Flowery's comments about your GP's employment advice. We really know nothing, although I know a little as have been having some issues at work recently with a staff member. You can't retire on ill health grounds unless you were never going to be able to work again(correct me if I am wrong, flowery)
Hope you get things sorted out though. These things are difficult.

Would I have to continue to work with my LM and ex LM (who the grievance would be against) whilst the process was ongoing when I return from sick leave (signed off for a week until Tues 10)?

I would find this incredibly difficult. It will be bad enough enduring my 3 month notice in the current circumstances. It will be more difficult as I

Not sure how long these things take.

Can I still raise a grievance if I am off on sick leave?

On GOV.UK it states that you need to leave work immediately if you want to claim constructive dismissal - as if you continue to work it suggests that you agree/comply with the situation.

What will the company OH (interview on Tues) be looking to determine?

You need to speak to HR. None of us will know whether they are able to redeploy you or your manager during a grievance. Yes you can raise a grievance while off sick. Gov.uk is right, however you also need to have exhausted internal procedures first, because you need to have given your employer reasonable opportunity to sort things out before being entitled to claim they've effectively dismissed you.

If you are contemplating a legal claim, I would suggest continuing with a formal grievance, while staying off sick. If you are off sick, the fact that you stayed employed for some of your notice period is less of an issue as you are not working in the environment you would be claiming is unacceptable.

OH are usually trying to find out how your condition impacts on your work, and (particularly in the case of work-related stress), vice versa, and to find whether there are any adjustments that would enable the employee to come back to work sooner, that sort of thing.

You now have the opportunity to raise a grievance (that's what it's called when YOU think they've done something wrong. A disciplinary is what they do if THEY feel you've done something wrong). So you could do this. If you are well enough to go back to work on Tuesday they could redeploy you given the grievance if they have the capacity eg big employer lots places to work. If you are still unwell, get another sick cert from GP.

I've investigated a grievance that was instigated in this way - as a result of comments in a resignation letter. the process was exactly the same as any other grievance investigation, and the fact that it wasn't completed by the end of the employee's notice period made no difference. I think it was a useful exercise for all concerned - it gave the employee a sense of closure on the issues and it meant that the line manager could not brush the issues under the carpet. This was particularly important since the investigation turned up the fact that this particular employee was not the only one to suffer, but the only one brave enough to make a stand. You need to think about your own health, that has to be your first priority, but if there are managers out there getting away with mistreating staff I think they should be called to account for it.

Thanks MrsW. I have just responded to HR to confirm that I will progress with a grievance. Their policy is that this is conducted asap. But I have requested that my intention is logged but that I dont want tp proceed until my health is back on track. Saw my GP yesterday she as referred me to a cardiac clinic for assesment as I have been having chest pain which may or may not be related to the extreme work related stress I am under.