UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
3 years and 2 months
Why exactly have you been advised to remain until the end of sick leave?
I saw my doc on Fri 19 July and I was told I had to self-certificate for the first 7 days, which I did. I made a further appointment and was signed off for 4 weeks from Mon 29 July. My last appointment was on Wed 21 Aug when I was signed off for a further 6 weeks.
My legal adviser said if would not necessarily be looked on favourably with an Employment tribunal if I left it too long before I resigned.
yes that is correct. If you are seeking to claim constructive dismissal, then you need to resign in response to the alleged breach by the employer and must do so without unreasonable delay. the more time that passes between the breach and the resignation, the more the employer could argue that the resignation was not in response to said breach and that could potentially affect your claim
I was planning on handing in my resignation letter today, which will be six weeks from the start of my absence, as I don't want to prolong this any longer than is necessary. Do I need to outline the reasons for my resignation in the letter? Do I also need to include a line to say I am planning on taking a case for constructive dismissal? I just want to ensure I have included everything I need to.
Yes you do, this will already start the paper trail of evidence which you will rely on in tribunal - make it clear why you are resigning and what it is in response to. You can say you are treating yourself as having been constructively dismissed, but you do not need to mention that you will be claiming against them
Thank you very much for your advice, I will prepare the letter.
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