Resigning whilst on sick leave

[Waitingandwaitingg]

I've been signed off for a month with work related stress.

I am contractually entitled to 12 weeks sick pay in any 12 month period at my normal salary.

My notice period is three months.

I'm desperately trying to find another job as I cannot go back into that toxic environment.

Two questions:

1. When should I resign? I'm really hoping to get another role in the next few weeks!!

1. I'm terrified about my manager (Head of HR no less!) Putting my sick leave on my reference. They almost put sick leave on another team members reference when they left, it was only when I said oh god don't do that etc etc that they decided not to. How on earth do I stop this?

Its worth saying the head of hr is there by tenure and has extremely little knowledge in hr and employment law etc.

Im being bullied by another member of the hr team. It's really toxic. In my 12 plus years in hr I've never experienced anything like this. I'm a mess. I just want to leave.

Should have said I will aim to get my fit note extended as cannot return at the end of this.

Unfortunately there’s nothing you can do to stop them putting sick leave on your reference, they are allowed to mention sickness/absence record in a reference and I would imagine they will be more inclined to include it if you are on sick leave and applying for other jobs, there really isn’t anything you can do about that.

When you resign is up to you, if you want to try and avoid them including reference to sick leave when asked I’d say maybe resign BEFORE they are going to be asked for references, but obviously its no guarantee.

I will definitely resign before they get references through!

Any other HR or employment law experts ?

Hopeful bump !

Putting aside that I am the cover for sick leave and greatly hate the situation, I think you should take as long as you need. Do not resign unless you really have to.

References can be overcome, your mental wellbeing can't.

I had a fantastic reference from the place I temp'd at before current role, all ruined now as I can't commit to another placement there but there will be other character or employers references.

If you take 12 weeks off sick, would you be able and willing to return to work your notice period? If not, then your risk is that you take time off sick, can’t find a role, hand your notice in at end of sick leave but have to return to work out your notice.

I wonder if you are better to hand in your notice now if you really wouldn’t want to ever go back. Then you at least know there is light at the end of this.

If you are too ill to work due to stress then you can take up quite a lot of your notice period as paid sick leave if you need to

You can’t stop them mentioning the sick leave in a reference and it’s often a standard piece of information requested. I would make sure your new employer is aware you are changing jobs due to toxic workplace/bullying (don’t rant or go into details or say you are off sick with stress, just set up in passing that things have been difficult). But if you’ve mentioned difficult workplace / culture that gives them context if a reference comes through stating sick leave.

I’d suggest getting some proper advice. Options you might try:
ACAS
Home insurance legal advice helpline
Employee Assistance Programme through your employer (usually free and anonymous)