What is the best thing to do: resign during illness or after recovery?

Questioner

I work in education and have been at home since September 2020 due to a conflict with my manager. There has been hardly any work on reintegration. At the end of November there was a mediation meeting. This meeting was ended prematurely by my manager. At the end of June there was another meeting. After this meeting it became clear to me that returning to the workplace would not be a good choice for me. I have now found another job in education where I will start next school year (August 2021). I have been working for my current employer for about 13 years and I believe I have a notice period of 3 months. Can you give me advice on submitting my resignation? Is it wise to first report myself better and then submit my resignation? Or do I resign while I am still ill? There may be other things I need to take into account. I would like to hear from you. Thank you very much.

Lawyer

You could resign, even during illness, but then you must observe all the conditions for resignation (such as the correct notice period). Otherwise you may be liable. Furthermore, you implicitly assume that you will not have to apply for benefits. If you resign (particularly during illness) you will not be eligible for benefits. Of course, that does not have to be a problem in principle since you have a new job, but you should be aware of this. Have you considered a settlement agreement and would your current employer be willing to enter into one? If drawn up correctly, it could in principle lead to a benefit, provided that you meet the requirements of the WW (and a benefit would have to be applied for of course). Under certain circumstances, you have a duty to report your incapacity for work to your new employer. You do not have to provide any medical information. Please feel free to contact me without obligation if you would like to discuss this.