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Signing off sick during notice period

4 replies

Megsmcgoo · 03/03/2021 20:28

Asking for some advice please, have consulted a acas and citizens advice but would also like to hear from some real life situations if possible!

OH is in a terrible working situation, bullying environment, unrealistic targets, long hours expected without overtime and driving for significant periods of time even though he is exhausted. This seems to be the expectation for the team that he’s in and from reading reviews on glassdoor this isn’t uncommon.

He has handed in his notice and is expected to work the period which is of course fair, however I’m really concerned about his welfare. He’s stressed, emotional and his mental health at the moment is terrible, I’m not sure he can do the notice period and he has suffered with anxiety and depression previously. I’m also terrified he’s going to have an accident despite being an experienced driver

I want him to speak to the doctor to potentially sign off work with stress but I’m concerned that the company will pursue a loss of earnings claim for not working the notice period. Can they do that if he’s signed off?

OP posts:
flowery · 03/03/2021 20:51

How could they pursue a loss of earnings claim? They don’t earn from him? If he would be on the statutory minimum notice period in the event they were to terminate his employment they’d have to pay at least a week of his notice period at full pay, that’s the law. The rest could be at SSP rate, but they can’t bring a claim against an employee for being off sick.

Smegan911 · 03/03/2021 22:43

Thanks flowery, I thought so just worried about what the company might try and do. I don’t know the ins and outs but my thinking was that if certain jobs aren’t completed by him then maybe they then wouldn’t get paid. They seem VERY cutthroat, can’t wait for him to be out of there!

HauntedPencil · 03/03/2021 22:48

If you want to put your mind at rest call ACAS they'll be able to give you advice. Although there isn't an issue for this you are able to be sick during the notice period.

sunflowersandbuttercups · 05/03/2021 06:27

I was signed off sick for my notice period at my last job for similar reasons.

I just received my last paycheque as normal and it was fine.

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