Notice pay - Agenda for Change contracts

[WorkWorry0]

Need some advice please about agenda for change contract and sick pay in notice period.

i am off sick and down to zero pay. I handed in my notice at Christmas and I finish at the end of Jan.

My trade union rep told me to check my pay this month as under AfC contracts, you go back to full pay for your notice period.

I was really surprised, and asked him to clarify that this is true for when you are on zero pay (not half pay) and he said yes.

However my pay for this month only had £100 or so tax I overpaid, I’m really confused. Payroll were not very helpful, or maybe they were confused too.

That's a bit confusing. Are you back at work full time? Then of course you will be paid at your contracted salary.
I'm not sure where the AFC issue comes in?
I'm a nurse btw.

No I’ve been signed off sick for my notice period, until my contract ends.

My Union Rep said you go back to full pay for the duration of your notice, under the terms and conditions of the AfC contracts.

I haven’t been paid so I’m not sure if I’ve been given the correct advice. I can’t find any further info online.

AI Overview




If you are off sick in the NHS, you can generally return to work on full pay until the end of your contract, but only if you are still within your allocated sick pay entitlement, which typically includes a period of full pay followed by a period of half pay depending on your length of service; once that period is exhausted, your pay may be reduced or you may need to discuss alternative arrangements with your employer.

The RCN gives this advice:

You should receive your normal pay and benefits during your notice period. This would include sick pay.

www.rcn.org.uk/Get-Help/RCN-advice/notice

If we terminate on sickness grounds then 3 months pay is given. Not sure about your situation but I can't see anything in the handbook to say you get full pay?

Thanks, yes I can see no mention of reverting back to full pay in the notice period (even if still ok sick) as part of an AfC contract.

My Union Rep is adamant though. He’s Unison, not RCN, so covers lots of organisations, not just NHS. I wonder if he’s mixed it up with another type of contract.

Unfortunately union reps don’t always get it right, are they a work colleague or a regional officer?

Ask them what section of the Agenda for Change document they are referring to.

Payment in lieu of notice can occur when employment is terminated but not when resignation is voluntary.

If you’re already on no pay your employer would usually agree that you can resign with immediate effect but you will accrue leave during your notice period that would be paid in full.

As I understand it you are entitled to your usual pay during your notice period, which in your case OP would be still be unpaid sick pay as that's what your current pay is.

There might be a bit of accrued A/L pay in your final pay packet though, depending on if you have any left for the year.

Thanks everyone. Good to know that this advice was incorrect before I followed it up and made a fool of myself.