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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46122
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i have been off work sick for 12 weeks on returning back to

Resolved Question:

i have been off work sick for 12 weeks on returning back to work,i worked one week then was dismissed . could you please tell me how my payment in leu of notice should be calculated i am entitled to 12 weeks notice .it seems they have calculate it from the one week i started back .
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long is your notice as per your contract?

Customer:

i have worked at the company 15 years notice is 12 weeks

Ben Jones :

Your notice period would start from the day you were actually issued with notice of termination, which would be when you were dismissed. So if you returned back to work and nothing was said and then a week later they decided to dismiss and terminate your employment, the notice period would start to count from that day, when your dismissal actually took place. Therefore, you should be entitled to your normal pay for the week you were back and an additional 12 weeks' pay for the notice period due under contract

Customer:

so the 7 weeks sick previous tostarting back should counted as if i worked?

Ben Jones :

yes that's correct although you would only get paid whgatever sick pay you are entitled to, so it may not be full pay and it could be as low as just statutory sick pay

Customer:

i am sorry sir think we are at cross wires what i am asking is the calculation as i uderstand payment in leu is previous 8 weeks wages added up then devided b and times by the 12 weeks we are payer full wage while off sick , is this sick time counted or is it just the time worked after as it is a big difference been payed 600 pounds from one weeks pay as aposed to 8 weeks works out at 4500 pounds

Ben Jones :

Are you paid a salary and do you have normal working hours, or do you work as required and your pay varies based on how much you work?

Customer:

i am a shop floor worker on a fixed hourly rate my only problem i is should they pay me an avarage pay in cluding my time on sick or just the one week after the sick time

Ben Jones :

If you have a fixed rate of pay then your notice pay would reflect your normal pay, not the average when you were off sick - that period would not feature at all in their calculations. You were off sick, you received sick pay then you returned to work and were dismissed and the notice pay would be 12 weeks at your normal rate of pay, whatever you would have received had you been working your normal hours every week

Customer:

ok sir thank you

Ben Jones :

You are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46122
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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