Sick leave/resignation/job hunting advice please

[pixiemoon]

I just want to check how I should go about this in the right way.

I'm currently on 2 weeks sick leave from work, the sick note says depression, I've just split up with my boyfriend of 7 years and have a history of major depression 6 and then 4 years ago, so I think the GP was being cautious. I'm not eating/sleeping, crying all the time, so not much use for my job at the moment, but am functioning on a day-to-day basis. I don't think I'm slipping into another depression, maybe because I've got help straight away and I know how my head works now, I'm a pretty strong person after my past episodes.

Due to the split I feel I have to move away from the area, and therefore leave my job, which I'm very upset about, I love it but it's not enough to keep me in that area of the country. I just want to leave everything behind that was part of 'our' life together. I generally have a good relationship with my boss and have told him I am considering leaving.

I've applied to another job close to my parents and have received an invitation for an interview next week, when I will still be signed off sick. If I'm offered the job it may be before I go back to work (assuming the GP 'allows' me to go straight back after these 2 weeks).

1. Is it ok to be looking for work/attending intervews whilst signed off sick?

1. I've put 'references available on request' on my CV - they know which company I work for though. Can they ring them for a reference without my permission?

1. Is my current boss able to disclose the fact that I've been signed off sick with depression to my potential new employer?

1. As I don't have a written contract, I understand that I only have to give 1 weeks notice (been there 2 yrs?)?

1. My holiday year runs Jul 28th-Jul 28th, I work a 4 day week (4 x 11 hour days). Normally I take 20 days hol + 5 bank holidays. So far since last July I have taken 7 days + bank hols. Would I be due extra holiday pay if I left now?

Sorry to hear about your breakup

1. It's fine to be looking for work and attending interviews while you are signed off sick. The only thing I would say is if this job will want an immediate start, it might be worth talking it through with your GP anyway to see if he can give you some idea of how likely that is to be possible. A new job might ask you 'when can you start', so going into the interview having had that conversation with your GP would be a good idea.

Assuming he thinks you'll be fine in a couple of weeks, great, and in that case I wouldn't mention that you are currently signed off.

1. A new employer shouldn't contact your old employer without your permission, no, and wouldn't usually bother taking up references unless and until they want to make an offer anyway. To be safe you could just say at the interview that your current employer aren't aware that you are looking so you would like to make it clear that they shouldn't be contacted without your permission. That should be no problem.

1. No your boss can't tell them you are signed off with depression. It is fine for him to disclose how much time you've had off sick - asking for details of one or two years attendance is usual in references - but he can't tell them what you were off sick for, as that is classed as 'sensitive' information. Depending on your overall sickness record it probably won't matter.

1. Yes if you have no written contract (which you should) you only have to give a week's notice.

1. Yes if you've only taken 7 days off plus a few bank holidays since the end of July you will be entitled to some holiday pay as well.

Thanks flowerybeanbag that puts my mind at rest about a few things.

I know we should have a written contract - I work for a small business and the 'HR' is non-existent, although I always took some comfort in the fact that statutory law protects me more than my employer - as sadly it seems he's about to find out.