Last reply 1 year ago
Legal position – employment and notice

Hi there, I’m hoping for a little advice…
I was diagnosed June 2017 and had a pretty intense job, plus 2 small children. I ended up going off sick in November 2017 as I was too fatigued to maintain the pace required. My GP put ‘multiple sclerosis ‘ as the reason.
I handed my notice in on Friday 13th March 2018. I believed I was on a 4-week notice but was actually on a 6-week notice period.
I have 6 days annual leave carried over plus 8 days accrued.
My pay had been reduced to SSP.

I realise I made an error in my notice letter (mainly due to the 3 stage notice period my company offers – it’s a confusing read!)

My company have offered to retain the 4 week notice, and are saying I will need to use holiday to see me through after my sick note ends (26th March) to Friday 13th April.
I will not be ‘fit’ to return to work so my question is:
Can I revisit my gp and get my sick note extended to Friday 13th April and then request that I am paid for the annual leave that’s accrued?
Also, I am paid a 6 monthly bonus that would have been payable on 6th April if I had been at work. I received my previous 2 bonuses when I was ‘well’ and the only reason I’ve not been at work is due to my MS – do you know if they still have to pay it?

Sorry about all the questions…

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1 year ago

@amo123 , I’m not legal, but I’ll provide my thoughts on the matter.

If you’re not fit to return to work, then your Doctor would be able to certify you as such. In any event, with extended periods of sick leave, your Doctor needs to certify that you are actually fit to return to work.

Have a chat with your Doctor about this. A telephone conversation may suffice.

You really need to have a chat with a professional, who can advise you about this situation. It may have been premature of you to hand in your notice, and I don’t know whether this can be rescinded. But, are you a member of a Union, who could advise you? If not, get in touch with the Citizen’s Advice Bureau.

It would be somewhat “cheeky” to request payment of a “performance” bonus, whilst you weren’t available to perform. But, an ex-gratia payment may be offered.

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