As some of you may know Im on the sick on the min due to me fracturing my collarbone and possibly having a seizure, I have just recieved a sick note for 8 weeks from my doctor and have sent it in to my employer, today I recieved a phone call from my boss asking me what I was going to do about work. I expained that I was told not to quit and also explained that if i quit that would invalidate my mortgage protection as it only continues to pay if im on sick, or made redundant or sacked. He then told me that he would then write to me saying that due to my medical condition that he had accepted my resignation. I must point out that I did not resign!! Or I would have to write to him and say that I had resigned!!
The question I have is that can they write to me and say that they have accepted my resignation, even if I havent quit? Also whats the best course of action if they do write to me?
Do not resign under any circumstances, as far as I can see you are on the sick for 8 weeks and I believe he has to continue to pay you SSP. Write to him and confirm your intention to return to work as soon as you are passed fit by your doctor. As you say you may have had a siezure I assume the DVLA are involved and may revoke your licence in any case, and this would be a different matter.
I’m no expert, but ringing you up and telling you that as you can’t come to work it means you’ve resigned is codswallop. If you are in a union talk to them and if not talk to the local Citizens Advice Bureau.
I have written to the DVLA and they have asked me to send my licence back to them, which I have done, the problem is that If I resign then im going to lose my house,due to me not having another income. I havent been officially diagonosed with Eplilepsy but the Doctor I went to see told me it probably was and I was to inform the DVLA asap and not too drive! I go to see the specialist (sp) on the 14th of October, this is why the 8 week sicknote was given.
Potter, get on the phone, and make an appointment at your local Citizens Advice Bureau. You will get half an hour free consultation with a solicitor. Tell them your story, backed up with your Mortgage nad Mortgage Protection details. Also your Doctor,s notes. Phone them ASAP ( like now) and get help . I am assuming that you are not a member of a Trade Union. If you are, then get in touch with them first. Good Luck.
Id deffo send him a letter telling him you have no intentions of resigning and that you will be back when deemed fit by your DR and make sure to keep a photocopy of anything you send him. Just seems as if he doesnt want to pay someone money and he aint getting no return for it.
scottishcruiser:
Id deffo send him a letter telling him you have no intentions of resigning and that you will be back when deemed fit by your DR and make sure to keep a photocopy of anything you send him. Just seems as if he doesnt want to pay someone money and he aint getting no return for it.
If you do this make sure you send it recorded so you have proof he recieved it, by the sounds of it he will just say that he received no letter from you.
Potter:
I have written to the DVLA and they have asked me to send my licence back to them, which I have done, the problem is that If I resign then im going to lose my house,due to me not having another income. I havent been officially diagonosed with Eplilepsy but the Doctor I went to see told me it probably was and I was to inform the DVLA asap and not too drive! I go to see the specialist (sp) on the 14th of October, this is why the 8 week sicknote was given.
Mate, if you have no licence you are in the doo doo anyway, and no amount of too-ing and fro-ing to the CAB or Union will help you. May I suggest you speak to your doctor ASAP and get a rapid referal to a specialist and get a confirmation of his suspicion of epilipsy confirned or denied and then set about getting your licence back from the DVLA. That alone may take months so you need to be very, very, very proactive about this as without your brief you are stuffed !!! Good luck mate.
first off all phone him up and tell him in you definatly intend to return as soon as your passed fit then write recorded delivery or even better hand deliver him a letter explaining the same then get expert advice from the c.a.b
A couple of questions for you to answer if you would be so kind and I may be able to help you
When did you start with your employer (how long have you worked for them)?
When did you originally go off sick?
The sick note and sick pay, your sick note is valid for 8 weeks right?
He has to pay you SSP (Statutory Sick Pay) beginning on the 4th day of your sickness. The first 3 are basically ‘qualifying days’ but it kicks in on the 4th day, this is from the first time you were ill/unable to work due to health. You have a right to claim SSP from your employer for a maximum of 28 weeks (7 months) if you return to work for less than 56 days then go off sick again you don’t need the 3 days qualifying it just carries on from the first day you go off sick the second time. If he refuses to pay you this ring the citizens advice (as has been mentioned) or get in touch with ACAS.
If you have less than one years work for them then sorry, he can get rid of you just like that.
If you have more than a year with them then you have rights
Now for the really bad news, if you are diagnosed with epilepsy and unable to carry on with the driving then he is able to show you the door, (under legal prohibition) you are employed as a driver and you need to be medically fit to drive, as there is a possibility of you not being fit enough (if it is epilepsy) to drive he may be able to get rid of you that way. I know this sounds like the end of the world but first of all he has to try to find you another job within the company but if this cant be done then sorry but it looks like you might be asked to leave. The good news is he cant get rid of you until it is confirmed by DVLA that they have taken your licence away from you. So I guess you are safe until October (when you see the specialist and its confirmed).
I now this isn’t what you wanted to hear but it’s better to be prepared than just told out of the blue.
The reasons I know this is that we have just covered it on the CPC course and I have been quoting from the book.
Now personally, I would go and have a chat with your boss if you can and explain to him that you would like to stay with the company but in a different role if that’s possible. If that’s not possible would he be able to help you find a job elsewhere that would suit you. He may be a bit more understanding face to face (most people are) but I would also ring your mortgage company and explain to them what is happening and that you are trying your hardest to sort it out. Also look at going to the job centre and see what advice they can offer you, it probably won’t be much but go and see them and explain it all and see what they can do. They may be able to help you never know.
To add to what others have said, you also ned to keep your mortgage provider in the loop, in the currant climate they are very wary of kicking you out, so long as you are honest with them, they will offer advice etc on what your best course of action will be with regards to the Mortgage etc…
Mortgage protection only lasts for 1 year, so you need to look now at the longer option.
I have been with them for over a year, i went on sick the begining of June, he knows about the sick note but I just cant understand why he cant let me go as it where, I can understand that he doesnt want to make me redundant because that would involve him paying me off as it where. Why he cant just sack me is beyond me. The Mortgage people told me that as long as I am made redundant or sacked then they will continue to pay.
Potter:
I have been with them for over a year, i went on sick the begining of June, he knows about the sick note but I just cant understand why he cant let me go as it where, I can understand that he doesnt want to make me redundant because that would involve him paying me off as it where. Why he cant just sack me is beyond me. The Mortgage people told me that as long as I am made redundant or sacked then they will continue to pay.
Since you are off work due to a accident, shouldn’t he be paying you FULL WAGES for this time ?. Other way round it is to stick a claim in against HIS Insurance company to recover your losses.
bedgar047:
Since you are off work due to a accident, shouldn’t he be paying you FULL WAGES for this time ?. Other way round it is to stick a claim in against HIS Insurance company to recover your losses.
I am sure this wasn’t an accident Bedgar. iirc it is a medical issue.
bedgar047:
Since you are off work due to a accident, shouldn’t he be paying you FULL WAGES for this time ?. Other way round it is to stick a claim in against HIS Insurance company to recover your losses.
I am sure this wasn’t an accident Bedgar. iirc it is a medical issue.
bedgar047:
Since you are off work due to a accident, shouldn’t he be paying you FULL WAGES for this time ?. Other way round it is to stick a claim in against HIS Insurance company to recover your losses.
I am sure this wasn’t an accident Bedgar. iirc it is a medical issue.
He Fractured his collarbone
I think this is the main problem. The collarbone will mend.
Potter:
I have written to the DVLA and they have asked me to send my licence back to them, which I have done, the problem is that If I resign then im going to lose my house,due to me not having another income. I havent been officially diagonosed with Eplilepsy but the Doctor I went to see told me it probably was and I was to inform the DVLA asap and not too drive! I go to see the specialist (sp) on the 14th of October, this is why the 8 week sicknote was given.