Withdrawing resignation?

[defblade]

Brother in law is a teacher. He started a new job this term, on a one term contract to start with.

Unfortunatly, he (genuinely) suffers from major depression occassionally.

As his checks hadn't come through (he's been a teacher for years, but each new post requires fresh checks), he has been paid as an "instructor" (although teaching as normal....) and been promised back pay when the checks come through (any day now).

He and his GP have noticed he is starting what will almost certainly be a major depressive episode.

To try to be fair to the school, he has informed them of this, and given his notice for next half term, rather than be off sick for weeks and weeks (probably longer than the term by previous episodes).

He gave notice yesterday on verbal assurance from the head that he would be paid up to the end of the half term holiday week, and that his pay would backed up to full teacher's for the time he's done.

Now he's been told that he won't be paid for the holiday week, and he will not receive the increase, not matter when his checks come through.



So, the question is, can he withdraw his resignation?

Obviously, the attempts to play fair by them rather than take the easy option of sickness being slapped back at him isn't helping with the depression

Thanks in advance.

[edc]

Once a resignation is accepted and organisation has no obligation to accept a retraction. If however, the situation arose out of a 'heated' exchange or similar then the organisation would be wise to consider the retraction to mitigate any potential claims of constructive dismissal.

[defblade]

No, no "heat" at the time.... more now it looks like he's going to stiffed a couple of grand or so for trying to do the right thing by them....

[bogwoppit]

The school will be under no obligation, but he can at least ask. If he's already told them he's likely to be off sick, perhaps they're unlikely to give him his job back though. One of those "live and learn" situations I suppose. This is why in your resignation letter you quote your reasoning, then if they go back on a promise the resignation is void.

Having said all that, whilst I think not being paid for half term holiday can be seen from either perspective, the back dated pay seems a separate issue. If his contracted pay is as a teacher then they must pay. If it is more of a promotion system (i.e. when your checks come back you will be promoted) then this is tough luck.

[edc]

But has he actually given notice as required by his contract? This may stipulate it be in writing, and if he has only done the deed verbally then ... Depending on the nature of the depression then it could be classed under the DDA ...

[bogwoppit]

edc said:

But has he actually given notice as required by his contract? This may stipulate it be in writing, and if he has only done the deed verbally then ... Depending on the nature of the depression then it could be classed under the DDA ...

I read it as: after verbal assurance from the head of the backdated pay, he's resigned in writing. OP clarify?

[defblade]

bogwoppit said:

I read it as: after verbal assurance from the head of the backdated pay, he's resigned in writing. OP clarify?

That's right.

Head assured him it'd all be sorted, just needed his resignation in writing, but wouldn't put anything in writing herself about pay, that was yesterday; today the pay dept are telling him it'll all be on the lower rate and no holiday pay; head suddenly won't see him at all.

Personally, I think in the long run he's better off out of it and chalk the money up to experience but it's not that smiple in his mind at the moment thanks to the depression.

[don4l]

defblade said:

Obviously, the attempts to play fair by them rather than take the easy option of sickness being slapped back at him isn't helping with the depression

Thanks in advance.

So... he knew that he suffers from "depression" and yet he accepted a job as a teacher. Now that his pre-existing condition has reappeared, he wants to be paid for staying at home feeling depressed. Did he tell his employer that he was likely to need time off because he might become depressed before he took the job?

I am not convinced that he tried to play fair. I suspect that a change of teacher half way through the academic year is not good for students. If he knew that he had a history of illness, then he should not have accepted the job.


Don

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[Superficial]

don4l said:

defblade said:

Obviously, the attempts to play fair by them rather than take the easy option of sickness being slapped back at him isn't helping with the depression

Thanks in advance.

So... he knew that he suffers from "depression" and yet he accepted a job as a teacher. Now that his pre-existing condition has reappeared, he wants to be paid for staying at home feeling depressed. Did he tell his employer that he was likely to need time off because he might become depressed before he took the job?

I am not convinced that he tried to play fair. I suspect that a change of teacher half way through the academic year is not good for students. If he knew that he had a history of illness, then he should not have accepted the job.


Don

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So he tried to get himself into work when he was well, as opposed to just sitting on the sick regardless of whether he was depressed or not, and you critisize him for that? At least he made the effort to be apart of the workfore, the easy option would have been to not bother. People who suffer bouts of mental illness shouldn't be forced to stay at home purely because they have an illness.

It seems he has been very level headed and knowing he was about to become depressed planned ahead in a fair way. The head has had plenty of notice to find a replacement for him, and children adapt to a change of teacher halfway through the school year all the time due to maternity leave, transfers etc etc just fine.

[defblade]

don4l said:

So... he knew that he suffers from "depression" and yet he accepted a job as a teacher. Now that his pre-existing condition has reappeared, he wants to be paid for staying at home feeling depressed. Did he tell his employer that he was likely to need time off because he might become depressed before he took the job?

I am not convinced that he tried to play fair. I suspect that a change of teacher half way through the academic year is not good for students. If he knew that he had a history of illness, then he should not have accepted the job.


Don

--

Fair enough Don, you're entitled to your convictions. Would you rather he claimed benefits and watched Sky all day forever because he has 3-4 bad months maybe once in 2,3,4 years?

I am a pharmacist and understand the difference between depression (or strictly in his case, bi-polar disorder, which he has been treated for successfully for some time now; this is his first relapse for years) and "depression". I'd suggest not putting it in quotes unless you're sure of your facts.

I think you'll agree that giving a sick note every couple of weeks - never allowing the school to replace him with somebody permenant and causing the children to have short-notice supply teachers constantly - is worse than a teacher change.

He was proud of recognising the impending and being able to give the school time to sort it out rather than do what so many do and go on the sick (with pay....); I don't think he'll ever do it again though

Read through again, and you'll see the only pay he's after is what was agreed for the time he'd worked (appearantly, working the half-term before entitles you to the holiday pay - teacher's salaries is a whole other thread though) and at the rate that's correct for the job he's actually done. He's trying to avoid being paid to stay at home being depressed (which is something he's paid large amounts of money out to avoid doing, actually).



He's one of the good ones, not a waster; and while I should have just ignored and risen above your post, I couldn't, sorry.