Notice period

[jo2079]

I have been on long term sick leave since February, only receiving SSP.

The SSP has now come to an end and I have decided to resign from my position.

I have been with the company for 13 years and apparently I am only entitled to receive one week’s pay.

From my employment contract, attached, I was under the impression I would received 11 weeks notice.

Can someone please advise on this?

Thank you.

[Amethyst]

You resigned, and gave one weeks notice presumably as per your contract. The 11 weeks would be if your employer terminated your contract.

Why did you decide to resign ? Solely because your 28 weeks stat sick pay is up ?

[jo2079]

I haven’t officially resigned yet. My boss actually originally asked me to resign a few weeks ago or they would look to terminate my contract. At that point I thought I’d be going back.
I’ve spoken to her today as my sick note expires at the end of August and said I can’t come back to my original role on the GP’s advice and there aren’t any other positions available so I asked to clarify what my notice would be.
I’m almost better to be honest but I don’t want to go back there. I thought I would have the 11 weeks notice which would have been ok.
i am wondering if I should say I’ve only considered resigning because that was her wishes the other week but I’m gutted I can’t go back to another role and perhaps it’s better if she terminated my employment?
We do get on well but I’m just not sure how she would respond.

[ULA]

How long have you been employed at the company? I ask because it may well have a bearing on this situation should be handled by the company.

[jo2079]

I have been there exactly 13 years.

[ULA]

Sorry yes you did say in your first post your length of service. I get from your post #3 that you do not really want to go back to the company and that your GP is recommending if you did return is could not be back to your original position?

Few options here:

1. Firstly if you have been off work for a condition that would qualify under the Equality Act for a reasonable adjustment then this may be something you could ask your boss to consider, if you would want to return in a different position. A condition that meets the criteria of the Equality Act adds more weight to a request for a reasonable adjustment.
2. You do not resign and your employer would then, given your length of service, have to follow a disciplinary process to dismiss you.
3. If your sickness is not covered by my point 1, then could go back to your employer along the lines you have suggested and if they cannot offer you another position, given the advice of the GP, see if you can compromise on some sort of notice period. You may not get the 11 weeks but you may get something. However a word of warning if your employer is prepared to agree to this your employment record will show that your position was terminated, and you should consider future references. So you need to weigh up possibly getting a few weeks pay with any future reference giving your reason for leaving as termination compared with giving notice and getting a reference that said you resigned.

[jo2079]

Hi
Thank you for your response.

I have attached a document detailing various email correspondence for your reference.

Please note, the last sick note was dated up to the end of August.

Also, my MD actually contacted me by phone w/c 10th June for an "off the record" chat. It was this conversation where she advised my contract has a clause whereby you are only allowed 20 days consecutive sick days at any one time and after this period, they are entitled to investigate my illness and instruct a medical practitioner to assess me or they may well have to terminate my contract.

My MD then advised that I should resign from the company!

I should also add that my original illness of depression and anxiety occurred in June 2018 and I was in and out of work through to December.

It was originally my MD who forced me to undertake long term sick leave on the 4th February, which was originally for depression and anxiety issues. She never mentioned anything about the 20 day rule at that point and even confirmed my sick leave by post. On the 16th February, I was diagnosed with a perforated duodenal ulcer and peritonitis and had emergency surgery, which further contributed to the long term leave.

I would also like to note that I received very little communication from my boss following my surgery in February through to June, which is when she contacted me by phone as per above.

On a separate matter, but still linked, I was also diagnosed with Carpal Tunnel Syndrome late last year, which my boss was aware of, but they never conducted any form of health and safety check.

Any advice is much appreciated as always.

Notice.docx

[Halfpint]

I am no expert in any way or form but i would imsgine that your conditions are covered under the equality act. Are you in an union

[jo2079]

no I'm not in a union and I really don't know what to do.

[Halfpint]

Sorry i didnt just want to ignore you. I really cant advise why dont you contact acas or cab

[Matty B]

Just reading what you said

You are allowed 20 days consecutive illness and then THEY might consult a GP and get a report. This is up to them to do and not you. Asking you to resign is just a way of them saving money and not having to pay for a doctors report and then dismiss you with notice for being unable to do your job.

You really should join a union asap

Have you been able to get another fit note from your GP?

[jo2079]

My last fit note was up to the end of August. I can get another one but I really wanted to get this boxed off, if you know what I mean. I’ve been through hell and back and this is the last thing I need sort so I can move forward.

What could a union do at this stage?

[ULA]

If you are still off work and not able to return at the moment then you must get yourself a fit note to cover you from the period since the end of Aug when your last note expired.

As the company have stated there really is no redundancy situation here.

I think you have to consider what you want to try and achieve from the situation, the options i see it are:

1. Based on the brief information you have given then look into whether your condition would qualify under the Equality Act for the company considering a reasonable adjustment. You would need to suggest what you want, why and mitigation of impact on the business and go through the process. internal. However the company does not have to agree but they would have to provide a strong defence depending on what your requests have been.
2. You resign from the job.
3. The company goes down a disciplinary process which may lead to your dismissal.
4. Start to negotiate a compromise with your employer to leave the company but that gives you something over and above the one weeks contractual notice.

Which option you chose is down to you but not making a choice will just continue this "limbo" and ultimately will force the company to take action.

[Matty B]

4. Start to negotiate a compromise with your employer to leave the company but that gives you something over and above the one weeks contractual notice.

Don't they need to give 1 week per year of service as per the contract posted above (post 1)

This is what they are trying to do, save themselves some money

[Amethyst]

They do, so if they dismiss you then they need to give you 11 weeks notice.

If you resign, you need to give 1 weeks notice.

Therefore if they won't dismiss you and pay 11 weeks notice and you don't want to resign due to only being due 1 weeks notice, you'd need to negotiate something compromise settlement wise with them whereby you can resign with say 6/7 weeks notice pay.