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Medical Condition and Notice Period

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  • Medical Condition and Notice Period

    Hi, my husband is in his 50s and resigned from his job 2 weeks ago. His contract says 6 months but he has been trying to reduce this to 3 months. He has tried over a week to negotiate but his manager & MD is having none of it. He is a private person in terms of his health but he wants to reduce the notice period because he needs to start taking some medication.

    His company are already aware as he has private health insurance with them and has being visiting the consultant for almost a year. He has still managed to come into work and do his job but has put off taking the next medication because it's stronger and he doesn't know how he will be affected which is why he wants to reduce his notice from 6 to 3 months. His consultant has said that he really does need to start taking this. We are financially fine and he has told his company these reasons yes it's a breach of his contract but they have been totally dismissive to his medical reasons.

    What do we do now? Does he try and get a letter from the consultant/doctor to say something or is there anything else he can do? It's really stressing him a lot which is not good at all as already he is in constant pain. Its a desk job not physical.

    He really does need to leave mid February but at the moment they will not change their letter they sent him in reply to his resignation the other week which stipulates a leaving date in May.

    Any advice would be greatly appreciated. Thank you
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  • #2
    Re: Medical Condition and Notice Period

    In the final analysis, if the employer refuses to reduce the notice period, he has limited options.

    Leave anyway. Not a good choice if he anticipates ever working again, because it will impact on any reference. But if he doesn't care, he just tells then now that he is leaving and let the cards fall as they may. There is a slight risk he'll be sued for breach of contract, but it is slight.

    Carry on working, take the meds and if he cannot work the doctor signs him off sick, and he continues to get paid (either SSP or contractual sick pay) until his notice runs out.

    Is it actually the best option for him to resign? It seems that unless he has other reasons to want to leave, he is making a huge sacrifice based on having to take some drugs, no matter what they are. He may be ok. Or he might get better. And he won't have a job - or what appear to be some good terms if he gets his private health care through the employer.

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