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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I'm currently signed off by my GP. I am considering

Resolved Question:

I'm currently signed off for stress by my GP. I am considering asking my company if they are willing to mutually end my employment contract (I've been with the same company for almost 6 years as a FTE). If they don't agree I will resign. Is this the most sensible way to go about it? If I ask them would they simply say no expecting me to otherwise resign and therefore not have to pay me, etc?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Has your employer ever been made aware of the stress that you have been experiencing, prior to you being signed off by your GP?
Customer: replied 1 year ago.
Yes they have based on conversations I've had with my boss
Customer: replied 1 year ago.
??
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. Please can you also tell me how long this has been an issue. I will then review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message after you have provided the requested information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
It was first an issue back in August 2015 when my company sent me to an occupational health adviser for an assessment. The results of that indicated I was clearly in the "stress spectrum" and it was suggested I be signed off work at that time but I requested this not be the case as it would make matters worse. Since then, it has been a known issue for the company that stress has been increasing due to workload, etc.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. There are a couple of ways you could try and go about this. One is to try and agree the mutual termination of employment, although be careful because could make it a condition of this that your employment terminates immediately and they are not obliged to pay you for notice period. So whatever you agree to in order to mutually end the relationship, make sure you are happy with it. If they do not agree to this, you could indeed resign. When you resign you are expected to work your notice period although if you are officially signed off wick you could potentially spend the whole notice period on sick leave. So the employer will have to continue paying you during the notice period. Whether you get only sick pay or your full pay during that time will depend on a small technicality in your contract. So you could end up having to resign, remaining on sick leave until your employment terminates and getting paid your full pay for the full notice period. This is your basic legal position. I have more detailed advice for you in terms of the potential loophole you could use to your advantage to get paid full pay during the notice period, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. The loophole I mentioned depends on the notice period that your employer must give you on termination. You need to compare that to the statutory notice period you are entitled to by law. So under law you are entitled to get a week’s notice for every full year of continuous employment with the employer, up to a maximum of 12 weeks. I understand you have been there for less than 6 so it would be 5 full years, which means you are due 5 weeks’ notice. This is the minimum the employer must give you on termination. Next you must compare it to the notice period they are due to give you under contract. If the period is the same or up to a week longer than the 5 weeks you get by law, then you will get full pay for the notice period. However, if the contractual notice period is over a week longer than the 5 weeks then you will only get whatever you are entitled to at the tie, such as sick pay.

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