Sick leave, notice and new employment

[Jgrove]

I need to get some more advice.... Again :) so would be great if any one can help.

I have recently given my notice in (4weeks) this will end my contract on the 14 sept.

I am having lots of anxiety of my current employer and have been to doctors over recent weeks to do with anxiety.

I cannot work out my notice as the whole work environment is horrible and my anxiety/stress will get worse and so I'm going to get a sick note to cover me to the 14th.

Question is, if I start a new job within this notice and sick leave, what do I do?

Is it illegal to take sick pay and take another job before the other notice has run out?

Not sure if I'm making much sense but id be fretful of some advice and what's best to do.

[Mosaic]

If you get another job offer before your current job expires, then you will simply give notice of your resignation to take effect from (insert date). I hope that you do and that you can leave behind the toxic organisation that has made you ill.

But you can't continue on sick pay from one employer while working for another employer.

[wolf63]

If it was me I would ask for something medicinal from the doctor to calm you down so that you can get through the next two weeks. It might help you be able to cope.

Realistically you are not going to get a job at such short notice and if you are sick there is no point in being at work.

I have suffered mental health problems most of my working life - some times it isn't that the work environment is horrible but it is you that see it that way. I thought that my workmates were ganging up on me but it was actually me being very paranoid - I couldn't see it at the time.

[EDDIE51]

You can't work while on sick pay , the entire idea is that you are too sick to work anywhere. Working while claiming sick pay can be classed as gross misconduct and is a sackable offence. Someone at the place I work has just been sacked for that exact offence.

[Mosaic]

Interesting Eddie. The OP is resigning as of X date....they have been signed off with work-related stress......leaving that place of work is part of the cure for the stress.....it will tie up resources to discipline someone and will enable the disciplinee to be very public about things the organisation may not want said.....it might even be a good case for a no-win, no-fee lawyer looking for some practice in employment law. I'd suggest there is no law preventing said employee from seeking alternative work while off sick, and if it is the doctor's opinion that the workplace has made the employee ill then the workplace is on a dodgy wicket if they decide to take action against the employee for getting an alternative job.

[Jgrove]

Thank you very much for all of your help, I previously thought maybe it's me that is just seeing it a certain way so changed what I thought then something happened which was horrid and I defo know it's not just paranoia.

If I was to find other employment which iv got a couple in the pipeline how would I let current employer know to stop paying me sick? Would I let them know I had another job or just that I don't want sick pay anymore and won't be returning, but is that breach of contract?they are extremely unsympathetic employers e.g a colleague is pregnant and they said to everyone but her that getting pregnant is an easy way of having a long break from work without quitting!! - that's the type of managers I'm up against!! Sorry I keep asking q's but your knowledge/info is valuable

[Mosaic]

Your dealing with a right set of nasty barstewards. You are doing the right thing by leaving. Basically, you owe them nowt - so leave yourself on sick pay covered by a doctor's note until either your notice time expires, or you have a conformed offer in writing of another job.
If you need to attend an interview during the time you are receiving sick pay, let your employer know via a simple letter thata you will attned a job interview for X hours on X date. Then they can deduct as appropriate or post it where the sun don't shone.
But do not give them an excuse to get at at you - so everything is formal; don't rely on phone messages or email; be covered by your do at all times.

If you get an offer and accept it, then you can write your letter of resignation to take effect as of the date you start your new job (or rather the day before...)

But f your new job is to start after the time that your notice runs out, what you do is bugger all to do with them.

[Mosaic]

conformed= confirmed

[Mosaic]

do= doctor

[factor-fiction]

^ "(You're) dealing with a right set of nasty barstewards"

I'm not sure where this info has come from- was it on an earlier thread. Hopefully the change of employer will help but in my experience stress acn sometimes be a more complex issue

[factor-fiction]

.. and it can lead to typos in my case. Apologies

[Mosaic]

Factor - clue one is that the OP appears to have been made ill - and clue two is their apparent unprofessional take on another employee's maternity leave.
Of course, the entire scenario could be made up. But on the facts presented, seems clear enough.
Stress, bullying, harassment, victimisation....all complex issues. And usually ones where it is easiest to blame the victim // target/ focus.

[factor-fiction]

I am sure the situation isn't made up, Mosaic. I'm just aware that we are hearing all this from the employee's point of view and that in my experience the issues are often complex.

[EDDIE51]

In the case I mentioned the man was found to be working as a steward at a football ground while on sick leave from his job as a kitchen porter. This had been going on for several weeks. He was sacked for gross misconduct .
He had claimed that he could not walk or drive but he was seen at the football ground acting as a steward and admitted he had driven there.

[Twenty20]

"....so I'm going to get a sick note to cover me to the 14th"

That's interesting. You've already decided that your doctor is going to sign you off sick for 2 weeks before seeing them?

Leaving everything else aside (it seems people are making an awful lot of assumptions here, either that or there was more on a previous thread?) you don't start a new job until you have left the previous one i.e. after the 14 September, by which time your sick leave, if you get signed off, will have ended too.

[factor-fiction]

I agree Twenty20. I can't work out the dates aspect either- I'm not sure when the new job starts. As you say, if it's on or just after the 14th September then the notice period would have finished so I'm not sure why the question talks about starting before the notice has run out.
Please can you clarify the dates Jgrove?