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Resigning while on sick leave

2 replies

RavenclawRules · 05/05/2021 11:01

DH was about to hand in his notice at work but an accident has put him in hospital. He has worked there a very short time (more than a month) but passed his probation period.

He has asked me to post his resignation letter today (it is all signed and ready to go). If I do this, could they legally terminate his employment immediately, as soon as they receive it? His contract says they will give 1 months notice, but if he is not able to work that notice due to his injury, can they legally terminate his employment anyway? He isn't bothered about losing the money but we are anxious for there to be only a minimal gap between leaving this job and him starting the next so we don't lose our child tax credits.

The company has a bullying culture (which is why he is leaving) so despite wanting to do the right thing by giving notice, he doesn't feel he owes them anything.

Any advice is appreciated

OP posts:
BernadetteRostankowskiWolowitz · 05/05/2021 11:03

He hasn't been there long enough to really have many "rights" - I think its 2 years. So if I were him I'd hold off on handing it in, take all the sick leave he needs in relation to his hospital stay, then revisit the resignation once it looks like he may be due back.

flowery · 05/05/2021 11:08

They can’t give him less than his contractual notice unless there is a gross misconduct offence.

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