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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48736
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, we have an employee who has just handed in his resignation

Resolved Question:

Hi, we have an employee who has just handed in his resignation as he has a condition who means that he is unable to fulfil his role. He has been on long-term sick for several months. His contract states that he has to give 1 month's notice - is he required to 'work' his notice? Also for his final pay, is he to be paid accrued holiday at his standard rate of pay & are we required to pay his notice period? Thank you
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long are you required to give him in terms of notice and how long has he worked there for?
Customer:

Hi Ben, thank you. He has worked for us since Sept 2003. He contract states "You are required to give 1 month's written notice. The Company will give you 1 month's notice during the first 4 years employment and an additional 1 weeks notice for each complete year of service thereafter up to a maximum of 12 weeks"

Ben Jones :

He is not required to work his notice period and he can remain on sick leave throughout the full notice period, however as we discussed previously he may still be entitled to receive his full pay during that time because the rules state that if you are only obliged to give him the statutory minimum notice period on termination, he is entitled to receive his full pay for that period, even if on sick leave at the time. Also his holidays must be paid at his normal rate as well

Customer:

Ok thank you. So in short we will owe him a months full pay & accrued holiday to the 4th September (his resignation letter was dated 4th August). Thanks

Ben Jones :

yes correct

Customer:

Thank you

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