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resigning while on sick leave

 
resigning while on sick leave

I work in a nursery with 0-3 year olds. It is a very demanding and physical job. I am on sick leave at the moment and have been for the last 5 weeks due to tennis elbow and a pulled muscle in the shoulder. I am seeing a physio for this complaint for the 2nd time. I have been thinking about a career change for some time and have now found something that i would like to do. Can i hand in my resignation whilst on sick leave? I am in reciept of statutory sick pay.

january65

06/05/2009 12:41:47

Hi Usually there's nothing at all to stop you giving due contractual notice to resign whilst on sick leave - it will run just as it would had you been at work.

bubbles_once

06/05/2009 13:09:54

Thanks for that. Was told by someone that they don't think it works that way while on the sick. Have been trying to find out since.

january65

06/05/2009 15:10:14

I have worked for the company for 11 years. What would be the minimal notice i would have to give. I was wanting to terminate at the end of May. I have never been given a contract or job description of any kind.

january65

06/05/2009 15:27:11

In the absence of anything contrctual it is only the one week statutory notice. But make sure that you have the something else in the bag and definite before you do - after 11 years you have a right to more notice if the employer dismisses you!

shikahra

06/05/2009 15:32:09

Does that mean by not resigning she might be let go? how would that be better?

Latif2008

06/05/2009 16:10:02

have something lined up but not paid work yet.Going to train in something new. Guaranteed work at end of it. Have to wait for physio say so cos it involves driving.

january65

06/05/2009 16:44:36

It won't help you one little bit. This poster is not facing a disciplinary if she goes back to work, but since she has 11 years service she has significant employers notice period, possible redudancy or other benefits due to incapacity, etc. But the most significant fact is that she isn't facing a disciplinary meeting when/if she goes back to work.

shikahra

06/05/2009 16:47:38

Just be careful that there isn't a notice period specified in the contract you got 11 years ago. The employer can also argue an "implied" notice period of longer than the statutory minimum based on length of service if this might be seen as the industry standard, so in the absence of your actual contract the employer might make a case based on more recent contracts that apply to others doing a similar job.

Assuming they want to argue the toss about it. Faced with an employee who is signed off sick and wants to leave in three weeks rather than the, for argument's sake, month that they want, they might not argue very hard.

All you can really do is ask how much notice they require, see if they would let you go at the end of May if they tell you that a longer period should apply, and see where you stand.

monkey steve

06/05/2009 16:59:59