Employment law

[lukeBBW]

So long story short. I gave my notice (two weeks on my behalf as stated in my contract) but was off on the sick for it. Now I only expected to get sick pay in this period but many people have told me I was entitled to full pay for it. This is because my employers notice if they were to sack me is only the statutory minimum. I worked there for 6 years and as stated in contract if they were to give me notice it would be 1 week for each year I worked there upto a maximum of 12.

Now according to the law (how i read it anyway) unless the notice they provide is a week or more than the statutory minimum (which it isn't) I am entitled to full pay for my notice period.

Are they any lawyers here or anyone with some knowledge that can confirm I am correct or have read it wrong.

The bit from the employment law is at the bottom and some links are posted too.





https://www.fpb.org/business-support...-during-notice


http://www.settlementagreements.org/articles/sick-pay-in-you r-notice-period/





Employments with normal working hours.

(1)If an employee has normal working hours under the contract of employment in force during the period of notice and during any part of those normal working hours--

(a)the employee is ready and willing to work but no work is provided for him by his employer,

(b)the employee is incapable of work because of sickness or injury,

(c)the employee is absent from work wholly or partly because of pregnancy or childbirth [F2 or on [F3adoption leave, [F4ordinary or additional paternity leave]F4 or paternity leaveF3]], or

(d)the employee is absent from work in accordance with the terms of his employment relating to holidays,

the employer is liable to pay the employee for the part of normal working hours covered by any of paragraphs (a), (b), (c) and (d) a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week's pay by the number of normal working hours.
(2)Any payments made to the employee by his employer in respect of the relevant part of the period of notice (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, [F5paternity pay, [F6ordinary statutory paternity pay, additional statutory paternity pay]F6 , adoption pay, statutory adoption pay,]F5 holiday pay or otherwise) go towards meeting the employer's liability under this section.

(3)Where notice was given by the employee, the employer's liability under this section does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

[Barry Dragon]

If they sack you to reduce the amount they have to pay you, get a lawyer and go for unfair dismissal.

How long have you been on sick? Are you actually sick?

Sure they would have to pay you full pay (if you are entitled to sick pay under the terms on your contract). Statutory sick pay tends to come in after a set period (in your employment contract).

[lukeBBW]

If they sack you to reduce the amount they have to pay you, get a lawyer and go for unfair dismissal.

I couldn't care less about the money tbh I am only enquiring as I have received a letter from them saying I owe them money due to a mistake of theirs!

[not telling]

You get your pay during your notice period under the terms of your contract. So you get whatever you would normally be entitled to - in your case, one week full pay and one week SSP. you must, of course have complied with your company's absence procedures - ringing in on the first day of sickness by such and such time, self certifying and then a sick line - not enough for you to have one, you need to have passed it on to your company.

Let's suppose you didn't turn up at all for your notice period - would you still expect full pay?

[lukeBBW]

You get your pay during your notice period under the terms of your contract. So you get whatever you would normally be entitled to - in your case, one week full pay and one week SSP. you must, of course have complied with your company's absence procedures - ringing in on the first day of sickness by such and such time, self certifying and then a sick line - not enough for you to have one, you need to have passed it on to your company.

So i feel entitled to argue my case and if the law states so, just to get them off my case and protect my credit rating. Couldn't care less if it turns out they owe me money.