The basic rule
Sickness does not affect the ability to resign or the notice period. Written resignation to the employer starts the notice clock immediately, regardless of whether you are physically at work. The notice runs in calendar days, not working days.
SSP during notice
Statutory Sick Pay (£116.75 per week in 2024-25) continues during notice if:
- Average weekly earnings meet the Lower Earnings Limit (£123/week).
- You are off sick for at least 4 consecutive days.
- You have not exhausted the 28-week SSP entitlement.
- You provide the fit note (self-cert for first 7 days, GP fit note thereafter).
SSP is paid by the employer through PAYE.
Contractual sick pay
Where the contract provides enhanced sick pay (typically full pay for 3-6 months then half pay), it continues during notice on the same terms. Common contractual arrangements:
| Contract type | Typical contractual sick pay |
|---|---|
| NHS AfC | 1-6 months full pay then 1-6 months half pay (varies by length of service) |
| Civil Service | Similar scaled arrangement |
| Standard commercial | Often SSP-only or short contractual enhancement |
| Executive contracts | Often 6-12 months full pay |
Fit notes during notice
Continue providing fit notes throughout the notice period. Self-certification for the first 7 days, GP fit note thereafter. Failing to provide fit notes may terminate SSP and contractual sick pay entitlement. Notice continues to run regardless.
Handover from sickness
Where you are unable to attend work for handover, best practice:
- Provide a written handover document from home.
- Return company property by post or courier.
- Confirm the effective final day in writing.
- Offer to answer questions by email or phone (subject to health).
- Cooperate with any reasonable phased return during notice.
Reference implications
UK employers are not obliged to give references. Where they do, the reference must be accurate. Long-term sickness during notice may be mentioned in a factual reference. Consider whether to disclose the sickness to the new employer voluntarily - the Equality Act 2010 protects disability discrimination, but transparency at recruitment often helps.
Work-related sickness
Where the sickness is caused or exacerbated by work (stress, bullying, unsafe conditions), several claims may arise:
- Constructive dismissal if the employer's conduct is a fundamental breach.
- Personal injury claim for work-caused illness.
- Disability discrimination if the sickness amounts to a disability.
- Whistleblowing protection if the sickness followed a protected disclosure.
Take specialist advice before resigning.
Ill-health retirement route
Where the sickness is likely to be permanent, ill-health retirement (rather than resignation) may be a better route. Ill-health retirement typically:
- Preserves pension benefits at enhanced levels.
- Provides early access to occupational pension.
- Requires medical certification by an Occupational Health scheme.
- Is common in NHS, teaching, police, fire and armed forces.
Take advice from your pension provider and Occupational Health before resigning.
Useful calculators
- Notice period calculator
- Final working day calculator
- PILON calculator
- Final pay estimator
- Holiday entitlement calculator
Related guides
- Notice period rights UK
- Notice period letter template
- Constructive dismissal UK
- How much notice do I have to give
- Immediate resignation rights
Authority pages
Frequently asked questions
- Can I resign while off sick?
- Yes. Sickness does not affect the ability to resign. Written resignation to the employer starts the notice period, which runs in calendar days regardless of your health.
- Do I still get sick pay during notice?
- Yes if you continue to meet the eligibility conditions - SSP if earnings threshold and 4-day sickness spell requirements are met, contractual sick pay per the scheme. Fit notes must continue to be provided.
- Do I have to do a handover while sick?
- You should attempt handover to the extent your health allows. Best practice: written handover from home, return of company property by post, cooperation with reasonable requests. The employer cannot compel you to attend if unwell.
- Will resigning while sick affect my reference?
- Possibly. Employers are not obliged to give references but where they do the reference must be accurate. Long-term sickness may be mentioned in a factual reference. Consider whether to disclose to the new employer voluntarily.
- Should I consider ill-health retirement instead?
- If the sickness is likely to be permanent, ill-health retirement often preserves pension benefits at enhanced levels and provides early access. Common in NHS, teaching, police, fire and armed forces. Take pension and Occupational Health advice before deciding.
Sources and further reading
- GOV.UK: Statutory Sick Pay — SSP rules.
- ACAS: Sickness and time off — Guidance.
- Employment Rights Act 1996, section 86 — Statutory minimum notice.
- ACAS — Free, impartial UK employment advice.
- GOV.UK: Fit notes — Fit note rules.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.