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Notice period whilst on the sick

6 replies

Itsallchange · 17/02/2020 19:29

I’ve been off work for the last 5 weeks and on Friday with the blessing of my current employer I applied for a different job, I was successful and gave my notice on Friday by email. My contract states a notice period of 1 month, I’m signed off for a further 3 weeks which my employer was aware of. I have been employed since Oct 18.
I’ve received an email today advising that due to the circumstances they will release me this Friday.
Can they do this?
Should I get paid for the month?

OP posts:
Idroppedthescrewinthetuna · 17/02/2020 19:33

Straight off HMRC website.

Payment during your notice period
You’re entitled to your normal pay rate during your notice period, including when you’re:
• off sick
• on holiday
• temporarily laid off
• on maternity, paternity or adoption leave
• available to work, even if your employer has nothing for you to do
‘Payment in lieu’ of notice period
Your employer can ask you to leave immediately after handing in your notice.
If they do, they’ll probably offer you a one-off payment instead of allowing you to work out your notice period - called ‘payment in lieu’.
You can only get payment in lieu if it’s in your contract, or if you agree to it. If you don’t agree to it, you can work out your notice period.

AuditAngel · 17/02/2020 19:34

If you are on a month’s notice, they should pay you for your notice period, whether they require you to work it, or not. However, they could put you onto SSP.

Idroppedthescrewinthetuna · 17/02/2020 19:34

They can release you but you will have to have your notice pay (Pay in lieu)

This can be taken to tribunal if needed

Idroppedthescrewinthetuna · 17/02/2020 19:37

As above PP states, but they can only pay this for as long as your sick note states you are off work for. So if it is another 3 weeks you should get 1 week full pay at least

Idroppedthescrewinthetuna · 17/02/2020 19:39

Ignore my last post.

Itsallchange · 17/02/2020 20:45

This was the wording on the email
“Considering the circumstances then we don’t need 4 weeks notice and are able to release you from 21st February
Best wishes “

I also had a meeting last week due to entering a month off sick and wAs told as I’m in my second year would be entitled to 2 months full sick pay and 2 months at 50%?

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