Hi, just thought I’d run this one past you. I’ve been off work for 6 weeks following a fractured vertebrae and damaged disc. My GP has given me a sick note for a further 6 weeks. I’ve just attended work for a ‘welfare meeting’ where my employers only concern was how soon I would be returning to work. I explained that I couldn’t give him a definite answer as yet, and also explained that the injury had exacerbated the symptoms I already had from a previous RTA, and that it had also affected my mood. The other problems I discussed with him were a 4 hour commute everyday, which I’m finding increasingly difficult, and the worry that I would have to pay back training fees of two grand (this stipulation was in my contract). Anyway, he took notes, didnt really say a lot, and ended the meeting by saying they’d arrange another one when my sick note runs out. Shortly after I got home, I recieved a call from my manager, saying he had read through the notes he’d made, and felt it would be ‘more pragmatic’ if I tendered my resignation, and that if I did so, he would waive the training fees. To be honest, it’s a job that I don’t like, and wouldn’t have been overly concerned if they had terminated my employment. As it is, I suspect that it’s a lot less hassle for my manager if I resign. I’m waiting for some advice from my solicitor, but in the meantime, any advice would be greatly appreciated.

I would have to pay back training fees of two grand

I’m not sure if they can do that, even if there is a clause to that effect in your contract.

How long have you been there?

Sit back on sick pay and let them sack you then do them for unfair dismissal.

If you resign, it’s easier for him.

Let them terminate you. In line with your contract / statute.

If you agreed to pay back the £2k training I would say that’s a fair one, and if it is in your contract you should honour that. Being asked to resign ? No way, ever. Unless you had some dodgy pics on your work computer that is never a good idea.

How much sick leave is written in to your contract ? Is it more than £2k worth ? Do the maths…

First feeling reading that is that it is very convenient for them if you resign, clean break and they no longer have to pay you any sick pay?

I guess it is your decision, depends on what your sick pay entitlement is, when that runs out and at the end of the day based on your comments, whether you actually want to return to the job?

Citizens Advice are often good for advice on things like this

Sorry to hear barnsley and wish you best with your recovery.

Frankly, an employer who seems more concerned with how fast you return to work without concern for your welfare to begin with seems like one you really shouldn’t be working for.

However, don’t see how they can suggest ‘resignation’ and if they do shouldn’t there be some sort of pay off? As the other’s have stated it seems an easy fob off to get you to resign.

I’ve been there about 4 months. My initial thoughts are to tell him to shove his job, but as I’m awaiting a large compensation claim from my RTA, I’m worried that resigning will reflect badly on me, ie, that the insurance company will state that I’ve in effect made myself unemployed. I’ll be interested as to what my solicitor advises, and will let you know later.

It certainly would be more pragmatic for him, he won’t have to go through any of the due process to get rid of you!

4 hours commuting? Stuff that!

I’d ask him to make it “worth your while” with a cash sweetener. Otherwise just keep claiming the sick pay.

I’m with hels though -if you were happy to sign a contract regardingthe training fees then you’ve an obligation to stick to it.

The DSS will certainly say that you’ve made yourself unemployed if you need to claim benefits.

Your employment situation shouldn’t have a bearing on an agreed payout from a prior accident?

You may be on shaky ground if you’re claiming lack of earnings (to now) and you resign. But that would be odd.

Had you already decided that you didn’t want to return to this job? If you don’t want to go back due to the commute or whatever it seems a simple and easy solution – call it quits, go your separate ways, make sure they’ll offer you a good reference.

But are you able to support yourself without this income? Do you have insurance for this sort of thing? If you resign I don’t think you’ll be entitled to much, if any ‘benefits’ especially in the short-term.

It might be easier for them to let you resign, and I know from personal experience when you’re suffering simple, easy solutions are really appealing, but it might not be in your long-term interest.

Is the sick pay you’re getting full pay? If it is I’d sit out out and wait for them to terminate your contract. I’m sure with your injuries you’ll be off for another few months.

Also, I am assuming you are on some serious pain killers just now, not the best time to be making decisions. Hold tight and focus on your recovery for the next six weeks.

Slow everything down (which I think you’re doing anyway) and keep relationships on an even keel. I think your employer has probably made a pragmatic offer, be courteous in your dealings with them.

Just work out how you’ll put all this on your CV. How will it look to a new employee? I know none of it is your fault, but I’d be tempted to stay.

Exactly what benefit are you going to get for “being pragmatic” and resigning, besides allegedly not having to paying back the £2k training fees, but then losing your entitlement to any government benefits for 6 months?

It hardly sounds as if you are faking it, given your GP has signed you off as being unfit for work for at least another 6 weeks.

Bit of a naughty one by the manager IMO, but I’m not sure if it was a good move by you to raise the 4-hour commute issue in this meeting.

A call from your manager, not in writing so there is no proof he just broke the law buy trying to get you to resign due to the inconvience your valid sickness is causing.

Rockhopper – Member
Sit back on sick pay and let them sack you then do them for unfair dismissal.

Do this, your manager has done wrong and knows it. Employment law is on your side.

To be honest if you’re having a compensation claim from an RTA go through, I would *not* resign, or do anything, especially before speaking to a solicitor.

Your employer will probably have a right to recover your sick pay from the insurer, provided they have something in your contract to allow them to do so. So your employer isn’t any worse off, apart from having to cover your work, and the reimbursment they get provides for that anyway. IE they get your wages back, and so simply use them to pay someone else. They might even be able to pay your trainnig costs/advancement. Seriously, its no skin off their nose in the future if your solicitor is even halfway competant.

Secodnly, if you can’t ultimately return, you will have a considerable loss of earnings claim potentially for some time into the future, claims for the costs of finding suitable work and or adaptations snd possibly a lump sum due for your inability/restriction to do certain types of future amenible work.(Smith V Manchester award).

If you walk you’ll potentially lose all of that. If the record shows you just “left the job” without reference to the injury and or reason why, you’ll be denied most benefits and you’ll struggle to show why your should have any claim for any future loss of earnings. If you’re dismissed because of your injuries, and the emplyement record shows this, then it’s good evidence for your claim and your loss of earnings claim for future loss.

Even if you don’t like the job, I’d hang in there. and fwiw, I can’t believe an emplyer could even “suggest” this. don’t lose the phone message – record it. you might also have a future HR battle on your hands if they cut up rouhg about your ongoing status.

Seriously, speak to your solicitor first before doing anything.

Is this as bad as it seems to be?

OP has been at the place 4mths and is now on long term sick. He has had £2k training of which the company has seen little benefit. I know its unlucky for the OP but from the companies perspective they have taken someone on, trained them and invested in them and see no sign of any return to work if the OP even intends to as he doesnt like the job or the commute.

The company have to basically sit in limbo and wait for the OP to make up his mind while they had a need for this guy and 4mths later are looking at starting the whole process again AFTER the OP goes the full course with his treatment and deciding to return.

So the OP has £2k debt to the company and they have offered to waive this in lieu of him resigning. Its not the best offer in the OP benefit but its certainly not them being shitty about it either.

Make your own mind up based on how you feel OP but i wouldnt do it vindictively.robably make a financial decisi based on its effect on my claim through advice from solicitor. If it does effect claim, stay. If it doesnt then work out financially how much you would lose then tell employer to make up difference. However my feeling is its a manager just trying to tick a box and move on. He probably has a way of making the training fees dissapear but anything that involves human resources means time and funds.

Not everything is done to be nasty

Definitely follow up the phone call with an email to your manager confirming what was said so there is a written record. Then do nothing at least until your Dr’s note runs out

Given you clearly don’t want to be there anyway I’d personally probably take it as I would suspect (and a quick Google around confirms) that any potential unfair dismissal claim would be pretty paltry, and certainly less than the £2k training fee they agreed to waive. But if you can continue to string them along for some sick pay and you feel comfortable doing so, then do that.

But as above, definitely wait for solicitor and if there is factors such as drugs or mental state of mind that are clouding your judgement, now is possibly not the time to take any decisions.

Just heard back from my solicitor, who’s advice was to resign, but to make it clear that this is due to ongoing health issues. The spinal injury was caused by a fall (I damaged the ligaments to both knees in a previous RTA, and fell on my way in to work when my damaged knee gave way, and I was unable to break my fall as I have no movement in my right upper arm, again due to the previous RTA). It goes without saying therefore, that if I hadn’t had previous injuries, I wouldn’t have had this latest fall, either that or the subsequent spinal damage wouldn’t have been as severe. To be honest, I hate all this reliance on compensation. It’s been going on two years now, and to be frank, I just want my ‘normal’ life back.

If you have been there only four months I think you have pretty limited rights under employment law, although a lawyer will confirm. If I am correct the waving of the training fees could be quite attractive but also important to understand impact on benefits. Best of luck.

Do not resign!

You’ve only got one back so take care of it, take your time and don’t feel pressured to go back before you’re fit enough. Yes the company may/will pressure you to go back ASAP but they can’t sack you until all options/processes have been exhausted.
If you do end up sacked on the grounds of incapacity to do the job then if you’re still signed off by the Dr you’ll be able to claim benefits and if not stil signed off you’ll be able to claim unemployment benefits.
Any potential future employer cannot discriminate against you due to previous sickness.

Sit back, relax and take time to get mended

Just heard back from my solicitor, who’s advice was to resign

I would get down the CAB and ask them what their advice is. Not sure your solicitor is covering all the angles wrt benefits etc.

I think you might need to have a compromise agreement in place if they are going to waive your fees too.

So the OP has £2k debt to the company and they have offered to waive this in lieu of him resigning. Its not the best offer in the OP benefit but its certainly not them being shitty about it either.

In this case, I’d be looking for them to get rid of me, but waive their rights to the £2k back. That way you can sign on etc.

And if you are saying the job isn’t for you plus a 4 hour round-trip commute that’s probably the ‘better’ case.

Presumably they can’t claim back their £2k if they sack you?

I’d certainly get that offer to waive the fees in writing/email as I’ve seen that many a time once the resingation letter comes in then the ‘promise’ is conveniently forgotten about and ‘never happened’.

Don’t do anything until then.

And get well soon.

Your holiday entitlement for the 1st few months and accumulated over the 12 weeks sick leave will be quite significant don’t forget to consider the value of these days

As mefty says with less than 2 years service you don’t have many rights (even when it was 1 year you’d have same issue)

The compensation is key don’t jeopardise that. Also (IANAL) I would imagine they can’t fire you and ask for the 2k, they can only do that if you quit.

Don’t complain to employer about commute that was your choice

Best wiahes and healing vibes

Having spoken to my solicitor, I feel a little less anxious about this. Compensation has never been in doubt, what was worrying me was that resignation would look as though I’d purposely made myself unemployed. I already have specialist reports stating that my injuries from the RTA would negatively affect my employment prospects in future (I was a senior staff nurse working in acute male psychiatry, a fairly, how can I put this, robust and high risk environment). I took my present job as indeed, my career prospects were thin on the ground at the time. Resigning through ill health shouldn’t affect my compensation claim, as I have physically tried returning to work, but due to ongoing physical and mental health issues, it is unrealistic to continue. As it is, I only have about twelve years before retirement age, so fingers crossed!

As it is, I only have about twelve years before retirement age, so fingers crossed!

Good luck mate

If you were a horse, we’d shoot you! 😉

Oh cheers!

I certainly would not resign. But… are you on a probationary period? Some contracts specify that they can be terminated at six months for any almost reason (illness would be one of them, as would face not fitting). If so, perhaps your manager was hinting that your won’t be made permanent and in such instances a resignation would look better than being asked to leave. I’m not certain whether sick leave counts in that six months, but it is possible.

Good luck and heal quickly. Sounds like you are both in a tricky situation with no obvious win:win.

but from your OP also sounds like you know what is the bet thing to do.

As others have said – do not resign. Probationary or not they cannot sack you while on sick.

As Scotroutes says your counter offer is “make it worth my while” Most HR I have encountered is incompetent and they are likely to muck it up so it works in your favour. I once got £7000 to shut up and go away plus 7 months on garden leave when actually I was only entitled to one months notice! simply beacuse I knew more employment law than the employers HR

If you really want out of the job offer to go for an agreed reference and 6 months pay – settle for 3

Don’t even think about paying the fees back – thats only if you resign not if they want rid of you