Advice on employment contract?

Question

I am currently signed off work by my doctor under stress. The reason is that my employer has changed my job description and will not change it back to what I was doing, infact they have brought in someone else to do the role that I was doing. Anyway, I want to hand in my notice. Is it possible to give my notice to my employer without working it but supplying them with a doctors certificate for stress to cover the remaining weeks? For example, I have already been absent for 2 weeks and will get another doctors line for the last 2 weeks to cover my notice period (I will actually be backdating it from 28/09/06). Can anyone please advice??? No smart a r s e answers please as this is very important to me!! My notice period is 4 weeks in total.

Answer 1

Quiet a biggie here! There are some major issues to consider here.

Your employer has changed the nature of the job, and it is now something that you are not able to cope with.

Your job is not what you applied for, nor expected.

Your employer is refusing to restore your job back to what it was.

Your employer is causing you stress, and FORCING you to leave. This is called "Constructive dissmissal", a form of unfair dissmissal.

DO NOT BACKDATE YOUR LETTERS. If you type it tommorrow, then date it the 16th, not the 2nd.

Your first letter is not your resignation (yet), it is their final warning. In this letter, make sure you cover the following:
You have worked there for XX years
The job you applied for and accepted was for [Provide details from the original job description]
The job has now become [provide some detail of the new job]
This new job is causing you undue work related stress; which is so bad, you are not able to work

Now, the next bit depends on what you have done.

If you have not asked them to restore it to the original job, then you need to end by saying:
Please restore the job to its original job description for my return in 2 weeks.

If you have asked them to restore it without success, but you do want to stay in the job:
I will return in 2 weeks after had some recovery time, and if the job has not been restored to the way it was, I will leave on that day.
As you are forcing me to leave to avoid further job-related stress, this actions constitutes as "Constructive Dissmissal". Therefore, I will be considering legal repproach to this matter.

But say you have asked them, and you do want out, and they are not listening to you:
I have asked on a number of times to restore the job to it's origanal description, however, you have declined to do so.
As the job is no longer what it was when I took it, I am being forced out of this job.
I will not be returning to work in this new job, and am considering legal repproach on the grounds of Constructive dissmissal.

Even if you do not want to do the legal thing, it is important to let them know POLITELY that you feel you have been pushed out. They may respond with a "Redundancy Offer", or to change the job back now.

The 2 weeks notice (the new sick leave) is justified against their 4 weeks as:
They already have someone else
They are unfairly pushing you out
You cannot work the job for medical reasons so if they want you to have 4 weeks of sick leave, it's ther loss

If this issue crops up in future jobhunting, just explain rationally that you were unfairly dissmissed, you took care of the issue, and want to move on and put it behind you; brief and to the point.

Before doing anything though, speak to a Lawyer who deals in |Employment law, as they know the exact best thing to do for the exact situation.

Good Luck

Answer 2

I don't see why you shouldn't be able to do that. If your contract stipulates that you have to give one month's notice, but you are unable to work during that period due to illness, and can provide a sick line from your GP, there should be no problem.

Not sure about backdating your resignation though.

You could also try suing your employer for constructive dismissal.

Answer 3

I believe you can hand in any type of notice ( 24 hours, 24 days , whatever ) and you don't have to work if you don't want to, it is up to you. All the notice does is let them permanently replace you, since being off 'sick' they are often required to hold the position until you return. Once you have decided to leave, notices and work are a minor issue. More important, do you have your next employer lined up ? Have you already interviewed ?

Answer 4

Why do you want to resign?
If the company has tried to change your job description without your agreement, you should resist. Explain that you do not accept the change. The appointment of someone else to do your job probably amounts to constructive dismissal (ie the company has replaced you without giving you notice, amounting to breach of contract), which entitles you to compensation.
If you resign, you will loose your rights to compensation for constructive dismissal.
So I would write to the Company, explainig that you cannot accept the change of job description, and that you are under the doctor for the stress that ths proposal has put you under.
Ask for a meeting to discuss the situation with a freind/colleague present to support you.
If you can, get advice from a solicitor who specialises in employment law.
Whatever, do not resign, asyou will then loose your rights.
Good luck
Paul G

Answer 5

I believe you would need to work your notice, I don't know how it works at your place, if you have to a weeks notice you work that week or you have to give a months notice you work that month. That is how I think it works. I wouldn't think the employer would let you hand your notice in and not work it, but I don't know what your boss is like? Your boss may make an exception. Hope this helps.

Answer 6

As long as you're still signed off you don't have to work up your notice but......... I'm pretty sure you can't backdate your notice (the letter of notice will have to be dated). If you have an understanding doctor who is sympathetic, then I'm sure you can get another certificate to cover the remaining 2 weeks.

Hope this helps

Answer 7

1st and formost your employer are not legally able to bring someone in to do your job, while you are still employed for that role and on sick. (only as temporary relief cover).

2nd If you are wishing to resign/ hand in your notice, you can still do this while on sick, usually the employer would just take your notice period to the end of your sick note.

3rd, speaking on behalf of 'A' employer, they may actually be relived that you have resigned if you are on sickness leave due to stress related illness..

Answer 8

Yes it should be fine as long as you have a doc's note there is nothing they can do.My hubby's just been of with stress and arthritis in his back and he was sacked on the spot when he went back and he had sick notes and followed the proper procedures etc, now we are suing them and we've had to put our house on the market.Nice when you've worked hard for a company for years.