Morning, beautiful day.

Resigned from Co. Friday after long term sick and failed attempt return to work.  Happy with decision but need know following:

Asked Co. what my notice period should be as they have stopped paying me any wages as of 13th June pending insurance application to continue half pay which is still being processed ?   

I have signed a form agreeing to Co. to loan me one months salary whilst this is being processed, hence np pay from 13th.  Whilst ill had not realised my pay would end like this.  

My doc has given me sick note for this Co. if I decided to stay with them until well enough to return although we discussed my option of leaving and working elsewhere.  I have not handed in sick note yet as last one runs out tomorrow. 

Job agency have offered me work from 16th June, can I start without knowing notice details from employer  ?

Hi Happiernow,

Your notice period is whatever you and the company decide it should be.  You may have a contract with a notice clause in it in which case that would be the default.  If you have no contract/notice clause then you are required to give one week.

Pay during the notice period is an interesting issue.  If the company dismissed you then they would have to pay you at least the statutory amount of notice even if you are off sick (subject to certain caveats).  Where you give notice but are unable to work then they are only required to pay you in accordance with the sick pay rules in force at the time.

You can start a new job whenever you want, but if you have not sorted out the notice issue then you could technically be in breach of contract.  Given that you are off sick it is unlikely that your curent employer could identify losses stemming from your breach and so may not be able to sue you.

Hope this helps,

Dave