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Notice on sick leave

7 replies

TheStorySoFar · 13/09/2017 06:40

I'm off sick with a stress related illness due to an incident which happened at work. Can I hand my Notice in whilst on sick leave? The idea of going back to work a 4 week notice period abhors me at the moment. Thk you.

OP posts:
feathermucker · 13/09/2017 06:49

You could hand your notice in giving a 4 week notice period and then continue to be off sick for those 4 weeks, providing you have all doctor's notes etc.

Make sure you contact ACAS.

Good luck, wgat a horrible situation to be in Flowers

valeinoyikbuno · 13/09/2017 07:18

You can, and as long as you Dr provides the sick note covering the full length of your notice you won't have to go back.

However - I believe that if you do it this way then when you are well again (hopefully soon) and start applying for jobseeker-type benefits, you'll be classified as being voluntarily jobless. This could affect how much support you get to return to work when the time comes.

If your employer will cooperate, you may be better off talking to them about instigating the process described here www.firstpracticemanagement.co.uk/blog/posts/can-an-employer-dismiss-an-employee-due-to-long-term-sickness/ - with a view to them terminating your employment on grounds of incapacity. The onus is on them to do it in a fair way so that you couldn't later sue them, and you would need to participate in the process to some extent, but if you can do it that way you may be better off in the long run.

However, the most important thing is to protect your health from deteriorating further so if that sounds like something you can face then go with the original plan.

flowery · 13/09/2017 10:50

Yes you can resign while on sick leave, and no you don't have to go back if your doctor feels you are not fit to do so.

No employer is going to dismiss someone for lack of capability if the employee is the one instigating it. If someone wants to leave, by far and away the best option for the employer is for them to resign. If you approach your employer saying you want to leave, they will invite you to hand in your resignation.

TheStorySoFar · 13/09/2017 16:14

Thk you all. Hopefully the issue can be resolved satisfactorily, but good to know where I stand if not. Who are ACAS?

OP posts:
Finch82 · 13/09/2017 16:32

Advisory, Conciliation and Arbitration Service, its run by the government and is there to provide guidance and help to solve disputes in the workplace.

Finch82 · 13/09/2017 16:32

Oops! That was a thumb post! I wanted to write more. Was just going to say I'd never heard of it either until I started to get a bit clued up with my rights given a work situation I'm in.

TheStorySoFar · 14/09/2017 21:31

Thx Finch. I think I might have to have a look. I'm clueless, work has no Policies & Procedures in place to deal with the situation I'm in & are maintaining they've dealt with it appropriately. I don't feel they have & am gutted about their lack of sensitivity & really angry at the same time. My Union doesn't deal very well with Privately employed Nurses. Maybe ACAS could help...

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