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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47351
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have taken voluntary redundancy at work (asda), after been

Resolved Question:

I have taken voluntary redundancy at work (asda) , after been told about changing my hours or taking redundancy, I have been off work with depression. Now been told I need to work 12 weeks notice , how does this affect me been off sick which is work related and still don't feel like going back to work . What can they do ?.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello how longn have you worked there for?

Customer: replied 11 months ago.
25 years
Expert:  Ben Jones replied 11 months ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

The employer cannot force you to come back from sick leave and work your notice period. It is legally possible to remain off sick for the duration of the notice period if necessary. Of course you need to ensure that you have the required evidence to satisfy the employer that you are genuinely not fit for work, such as doctor’s certificates. Another point to note is that if you remain on sick leave for the 12 week notice period you may not necessarily be paid your full pay and what you receive will depend on what your entitlement to sick pay is. For example, if the employer did not guarantee full pay and retained discretion over what you receive when on sick leave, they could potentially just pay you SSP. But the important thing is that you cannot be forced to return to work if off sick and neither can they postpone your termination date to ensure that you come back first and work before you can leave.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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