what would I be entitled to if I hand in my notice

(9 Posts)
offlongtermsick Tue 15-Jun-10 21:36:36

Hello all

I'm hoping that someone will be able to give me some advice and will try to be as short as poss.
I'm off from my work for the last 3 years sick. I now feel that I am unable to return as I would be unable to cope. I receive long term incapacity benifit, if I was to resign what would I be entitled to.
I have a perminant contract.

GoEngland Tue 15-Jun-10 21:53:07

If you mean from your employer, nothing

offlongtermsick Tue 15-Jun-10 21:55:34

Yes I mean from my employer was wondering about notice period or holidays.

islandofsodor Tue 15-Jun-10 22:06:17

Unless you have a very, very generous contract you would be entitled to nothing as your statutory sick pay would have stopped long ago.

offlongtermsick Tue 15-Jun-10 22:49:34

Did the law not change so that you keep your holiday entitlement if off sick, but I'm not sure if this applies to me as I went off before the change or if its one years holidays or them all.
I have a month notice to give according to my contract I can't work it so what happens, do I get paid for it and what would that pay be based on.

jamiesolivers Tue 15-Jun-10 23:10:34

Off, are you still being paid by your employer? If not then you won't be entitled to anything if you hand in your notice now.

Earlybird Tue 15-Jun-10 23:11:31

How long did you work for them before you went off sick?

flowerybeanbag Wed 16-Jun-10 10:06:14

Your notice period is about time, not money. So if you hand in one month's notice, all that means is you telling your employer that you want to leave employment in one month's time. So if you're not being paid at the moment, unless you go back to work for the month, you will continue to receive no pay for the duration of your notice period.

Holiday is complicated, recent case law has indicated that employers should allow employees on sick leave to accrue and take at least the basic annual leave while on sick leave, and possibly carry it over if unable to take it.

However it's not all sorted out properly yet as there is conflicting legislation about things like carrying it over which needs to be ironed out. It was only during last year that this case law came up so it's extremely unlikely you are going to be able to persuade your employer to give you holiday pay going back any longer than that, in any case it wouldn't apply to past holiday years, only the current one.

Your best bet is to point out to them that recent case law indicates you should be entitled to holiday, then allow them to check into it, and make a decision about what they want to offer you, and then you can take it from there. As I said, it's complicated at the moment, and all about recent case law so there's nothing easy and concrete you can point them to as such.

offlongtermsick Wed 16-Jun-10 21:51:19

Thanks Flowery I knew the holidays had changed but not sure as to how. I did request that my employer look into things for me but that was about 3 weeks ago and I've heard nothing back from them. I do know fromthat conversation that my job has been centralised to head office so what would happen if I did want to go back I don't know.
I would not be able to cope with the stress that the job involved, but was the main wage earner so things are getting tight at the minute and savings nearly used up, with young DC's every penny counts. I wanted to have an idea of entitlements for when they do contact me.

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