Given notice - employer wants me to finish immediately

[Bollingerknickers]

Hi, please could anyone confirm if this is correct?

I've been off work sick since February due to stress and have made the decision not to return to my role. My current sick note ends on 21/07. I gave written notice yesterday of 1 month as stated in my contract and my employer has responded saying that they will not hold me to my notice period but that I can finish with effect from the end of this week.

They said that they will calculate my SSP up to this date and any holiday entitlement owing. I thought that they had to pay me for my notice period even if they don’t require me to work it? Excerpt from my contract below:

‘The Company will not be obliged to provide you with work at any time after notice of termination shall have been given by either party and the Company may, in its absolute discretion, pay your salary entitlement in lieu of all or any part of the unexpired period of notice (subject to deduction at source of income tax and applicable national insurance contributions). Any such payment will consist solely of basic salary as at the date of termination and, for the avoidance of doubt, the payment in lieu of notice shall not include any element relating to any bonus or commission payments that might otherwise have been due, any payment in respect of benefits which you would have been entitled to receive or any payment in respect of any annual leave entitlement that would have accrued during the period for which the payment in lieu is made.
You have no right to receive a payment in lieu of notice instead of working your notice period unless the Company exercises its discretion to pay you in lieu under this clause.’

I’m confused and unsure if they are in the right or trying to cheat me out of my notice pay? They’ve not been supportive employers, hence the sick leave with stress.

Thanks

If you can’t work your notice they don’t need to pay you, and you don’t have a sick note to cover it either.

Yes they owe you 1 month notice pay regardless of whether you work it.

I would email then to clarify if your pay will include the 4 week notice salary too

Neither of these answers is strictly correct.

If you want to be paid for your notice period then you will either need to:

• Politely decline and say that you're happy to work your notice period and be paid

• Have a fit note that covers you for your notice period and be paid whatever your eligible for in terms of sick pay

Those are your two options.

I was meant to be returning after this sick note ends but they’ve just been so unsupportive that I feel unable to return as nothing will have changed.

I understand if they don’t want me to work it due to the nature of the work but I thought it would be garden leave not just terminating my contract at the end of the week?

Thanks

This. You have stated that you don't intend to return to work, and your sick line ends. To be paid for the notice period, you would need to have intended to return to work after the sick line ends for the remainder of the notice period or have had a sick line that covers the full period. Maybe get advice from ACAS but I suspect your work are entitled to act as they are.

You either need to work your notice or get another fit note to cover the rest of the notice period.

Same applies in my firm. They wouldn’t have to pay.

You either need to work your notice or get a sick/fit note to cover you, in which case you'll just get whatever you're entitled to in terms of sick pay.

They're not going to pay you in full while you sit at home.

But it’s my employer who said he’s not holding me to my notice period, not me who is refusing to work it?

So reply to them that you’d prefer to come in and work it.

You are refusing to work it surely by saying you are too sick to work it? If you intend to go in email them and say you intend to work your notice period.

But it’s my employer who said he’s not holding me to my notice period, not me who is refusing to work it?

Then you need to reply and say you're happy to come in and work as normal.

As others have said, explain you'll be coming in from the 21st to work until the end of your notice period.

I would write and say that you will work your notice and intend to return to work on 22 July until the termination date. Say you understand you are entitled to SSP for the period of absence but following your return that you are entitled to your full wages for the remaining balance of your notice. If they do not wish you to return to work to work out your notice they may pay you in lieu however you do not consent to leave early.

Thanks, I have emailed my boss and said that wish to work my notice period.

Thanks for the help everyone

But you're not going to be working it. As others have said, if you're not intending to go into work you will need to get a sick note to cover your notice and you will only be paid SSP for your notice period. You will only be paid your normal salary if you go into work for the notice period.

Good luck OP!