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Offered a new Job - Resignation/Notice advice needed

Discussion in 'Careers, Employment and Professional Development' started by Gimpymoo, 29 Nov 2021.

  1. Gimpymoo

    Capodecina

    Joined: 31 May 2005

    Posts: 15,338

    Location: Nottingham

    The situation is I have been on sick leave for 5 months.

    I have recently applied for and were successful in being offered a new job.

    My current employer contract states I receive full pay for 6 months if off sick. My current notice period is 4 weeks (I think).

    Can I give notice while on sick leave and if so, can I still receive the contracted pay while off sick if I have tendered notice?

    I also have outstanding holiday, if I am unable to use this holiday owing to being sick, is this wiped out or can I claim this into my final pay packet? Or, if I return from Sick for my last few weeks of notice, can I simply use holiday to "work" my notice period?

    I expect to be able to return to work in a few weeks.

    Also, if my notice period is longer than 4 weeks, what are the odds of my current employer enforcing it and blocking my new job, for example, if my notice period is 12 weeks owing to length of service, that puts my new employer in a difficult spot and I cannot expect them to wait it out.

    Hope all of that makes sense.

    Many thanks.
     
  2. LeMson

    Mobster

    Joined: 21 Mar 2012

    Posts: 4,153

    Stay on sick, start new job, ghost old job
     
  3. Gimpymoo

    Capodecina

    Joined: 31 May 2005

    Posts: 15,338

    Location: Nottingham

    Is that from experience :)

    That was my initial thoughts. Seems awkward though as that will end up with me being "terminated" and been there for a LOOONG time, would not look good if the one job I had for 20 years I got fired from.

    New job needs references though, so old employer is going to find out but even if they did, I suppose nothing they can do as not ilegal to look for work, even if sick.
     
  4. mattyg

    Sgarrista

    Joined: 17 Jun 2007

    Posts: 8,455

    Resign as per normal. Just becasue your on the sick doesn't make a difference on paper.... However does your new employer know youve been off sick for going on 6 months...
     
  5. .Lethal

    Sgarrista

    Joined: 8 Jun 2005

    Posts: 8,012

    Location: United Kingdom

    Betting they don't.
     
  6. Gimpymoo

    Capodecina

    Joined: 31 May 2005

    Posts: 15,338

    Location: Nottingham

    No. Not that it is a secret, just never came into the conversation, as weird as that sounds but it is what it is.

    But the chance is, resign, new employer rejects appointment, hey ho, no job at all.

    Frustrating when you have been working somewhere for 20 years but owing to getting older, stuff does stop working sometimes but nothing more I can do other than get better and get back to work, the time off just allowed reflection on current employment.
     
    Last edited: 30 Nov 2021
  7. Housey

    Man of Honour

    Joined: 21 Feb 2006

    Posts: 28,145

    Sounds like a car crash waiting to happen.
     
  8. dLockers

    Sgarrista

    Joined: 21 Jan 2010

    Posts: 8,972

    Does new job address the reason for being 'sick' at old job? Seems odd your too sick to work, but well enough to get right to the edge of full pay sick leave period and find a new job to step into.
     
    Last edited: 30 Nov 2021
  9. HangTime

    Man of Honour

    Joined: 25 Oct 2002

    Posts: 29,810

    Location: Hampshire

    Should be fine, you should get sick pay whilst serving notice period and you should also be paid in lieu of untaken holiday.
    That said, 6 months full pay whilst off sick might be classed as an additional benefit with some small print saying it would revert to statutory sick pay if you were serving notice, so I would double-check your contract.

    Regarding length of service and notice period, what does your contract say about notice period? IF you are on an extended notice period, one option would be to use your accrued holiday balance to shorten it (e.g. you are serving 12 weeks notice but the last 3 weeks you are on holiday). To be honest, I doubt your present employer will hold you to a notice period given you've been off sick for 5 months. The quicker you leave the less money they 'waste' as they know you won't be working for them in the long term anyway. If I was the employer I would agree to a notice period as short as you are willing to 'work', you could leave immediately.
     
  10. Gimpymoo

    Capodecina

    Joined: 31 May 2005

    Posts: 15,338

    Location: Nottingham

    Was a combination of a lifelong condition and then covid.

    Yes, too sick to work and now after the time off, feeling better. That is how it is meant to be isn't it?

    I also had lots of time to ponder during the sick leave and that made me want to do something instead of just sitting there moaning about it when I was well enough to return and not feeling sorry for myself.

    Old job contributed to sickness owing to their general attitude. Some employers are just bad. I had made myself ill many months and years prior just burying my head in the sand.
     
    Last edited: 30 Nov 2021
  11. booyaka

    Capodecina

    Joined: 19 Jan 2006

    Posts: 14,264

    Be very careful - Once they go for a reference from your existing employer and your existing employer writes back advising you've been off sick for 5 months but failed to tell your prospective new employer, that doesn't look good.

    Honestly - I'd be upfront about something like that - saying "it didn't come up in conversation" sounds like you knew you were avoiding the subject.

    If your off sick, that's fine, but failing to tell your new employer just looks poor from the start. That's not a good "look" for a new person starting in the company.
     
  12. dLockers

    Sgarrista

    Joined: 21 Jan 2010

    Posts: 8,972

    Right, but on the face of it, and in the cold light of day - you got 'better' (your words) and then instead of returning to work, decided to stay on sick leave and subsidise your job search with your existing employers money.

    Now you are not declaring it to your new employer and you will get caught out when referencing happens. And I'm sure old employers will be super transparent with the facts of the situation.
     
  13. Housey

    Man of Honour

    Joined: 21 Feb 2006

    Posts: 28,145

    The fact you can't see how this must look to a prospective employer and how "it didn't come up" is enough to justify your actions is worrying (for you). You are poorly, fair enough, take time to recover and get well. Health first and always should be. Glad you feel better.

    But to me if you are well enough to secure a new job with all that entails I would question how you were not well enough to work. That would create a negative thought pattern that would then be elevated by the fact you had not told me you had not actually been working for the last few months. An important fact you know in yourself you should have mentioned but chose no to.

    You may be lucky, your reference might be a 1 liner. But if they disclose you have been on long term sick to your new employer I would expect the job offer to be rescinded.
     
  14. booyaka

    Capodecina

    Joined: 19 Jan 2006

    Posts: 14,264

    Agree with the above comments as well.

    Have you actually had a signed contract OR just offered pending references??

    It looks very very poor - and doesn't reflect well on you from your existing employers side NOR your potential new employers.

    I know as an employer if someone didn't tell me about that during the process of offering them a job, then found out about it during referencing etc - Immediately you would be thinking " what else have they not disclosed"

    Have you disclosed your "life long condition" to them?
     
  15. Housey

    Man of Honour

    Joined: 21 Feb 2006

    Posts: 28,145

    You are not obligated to share any medical information with any employer in the UK. I have a rare immune disorder that has no impact on my ability to work outside of the 4 or 5 hours a year to attend medical checks. On the basis I do not work to a clock and have not for many years now, this is of zero impact to any employer.

    However I have shared this in discussion as I like to be open on some things and this has never once impacted me and in fact allows me to make different decisions with an understanding of why I might make them, such as where I travel etc. I can no longer have live vaccinations for example, so can't do business in territories where I might want immunisations anymore as an example.

    However, having been off for months and still being off (this is the key here) I would expect that to be disclosed to me during an interview. I don't need to know why (medical, mental, family) for that is none of anyones business in a work environment unless you chose it to be, but being not available for work for a long period and that still being the case, is.

    If I were the OP I would speak to the new employer and make them aware. You then de-risk the move or get the bad news before you step away from your current job.
     
  16. ivrytwr3

    Mobster

    Joined: 25 Aug 2006

    Posts: 4,761

  17. Rroff

    Man of Honour

    Joined: 13 Oct 2006

    Posts: 79,309

    Yeah at work any references these days are very perfunctory off a template more or less. Unless there was something particularly outstanding it would be very neutral and little more than an acknowledgement they worked for us over the specific period.
     
  18. HangTime

    Man of Honour

    Joined: 25 Oct 2002

    Posts: 29,810

    Location: Hampshire

    I agree that it would seem prudent to make the new employer aware of this.

    On the flipside, the old employer might just give the standard one liner with dates because potentially, depending on the people involved they may want to just get this person off their payroll so they can hire a replacement. This sounds a bit harsh but it could be a case of them wanting the employee with a long record of sickness to become "someone else's problem". That's not to say that just because an employee is off sick they are a "problem", but some people might think that way. Ultimately, a manager will want staff who are fit and able to work, so if there is an opportunity to achieve that it's probably best for everyone.
     
  19. dowie

    Capo Crimine

    Joined: 29 Jan 2008

    Posts: 54,095

    LOL wat?

    Very fortunate that you managed to recover just as you got offered a new job, you've gotta be aware of how that looks right?

    How were you simultaneously too sick to go into work but also well and able enough to sit through a job interview, the result of which is generally hoped to be a job where you'll have to not be sick. Better to interview/look for work when you're actually fit and able to work else there is an obvious contradiction. Even returning to work just before interviewing would be better than this.

    I bet they're just going to love you asking for that on top too!

    I mean if they're really miffed then, while some companies won't provide references they might well confirm job title, dates of employment and... how many sick days you had this year! If you've not made the new employer aware of this then that could be slightly awkward.
     
  20. HoneyBadger

    Mobster

    Joined: 2 Aug 2016

    Posts: 4,034

    Location: Third Earth

    I think the first step here is find out what type of reference your company provides, factual or detailed. That will dictate how you proceed.