How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44962
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been signed off work for 4 wks by my doctor for stress

Customer Question

I have been signed off work for 4 wks by my doctor for stress & depression related to work. Just yesterday I received 3 letters from my employer, one requesting my consent in writing for them to obtain further information from my doctor & to sign medical report consent form, I realise I don not have to give them consent but does that mean that they can withhold pay? The other 2 letters relate to a parking offence & speeding offence in the company van which is used by other employees at my branch and could be them but they have stated that they will deduct these fines from my wages at the end of this month which I will contest, is this legal for them to do.
Fortunately for myself, I do now have another job to go to so my main question therefore is do I send my resignation when my sick note runs out on 22nd July or can I resign now for 22nd July. Bearing in mind also that I have a weeks holiday booked on 22nd July so basically my last weeks notice period would be holiday. I only have to give one weeks notice as I have only been there 8 months. Should they also be sending me letters whilst I have been signed off sick?

Steve.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

For now please let me know when you start your new position.

JACUSTOMER-f8gs3oy5- :

Hi Ben, I start my new job on Monday 12th August.

JACUSTOMER-f8gs3oy5- :

OK many thanks, i mlook forward to your earliest reply Ben,

Ben Jones :

Thank you for your patience. It is for the employers to decide what medical evidence they require from employees and at what stage. However, for the purposes of paying SSP, they cannot ask for a doctor's note for at least the first seven days. After that time, they may insist on a statutory fit note or other reasonable evidence. If they are paying you enhanced sick pay then they can decide what evidence is necessary to become eligible to receive such payments.

In relation to their plans to deduct the fines from your wages, under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:

  • If it is legally allowed (e.g. to deduct tax);
  • If it is to recover an earlier overpayment of wages made by the employer; or
  • If the employee has given their written agreement for the deductions to be made.

If none of the above exemptions apply, the deductions will most likely be unlawful. So you need to check if your contract or other agreement accepted by you allows them to make these deductions.

If you want to resign now and you are only due to give 1 week's notice, the employer can terminate your employment just after a week, even if you wanted to leave on the 22 July. So if you want to leave on that date I suggest you wait until a week before that and then submit your notice, which will take you up to the 22nd.

Finally, it is entirely legal for an employer to send you letters whilst off sick but they need to be careful not to become too intrusive as that may amount to harassment. However, as you are leaving anyway this is not really an issue as you would ideally need to remain in employment to deal with it.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions