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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I'm currently on sick leave with grief and stress as

Resolved Question:

Hello,
I'm currently on sick leave with grief and stress as my Mum passed away 6 weeks ago and my sick note ends on 14th August.
I spoke to my manager by telephone on 30th July and said that I plan to leave as I need to live with my family for the foreseeable future, and that I intend to give my notice from the end of the sick note (14th August).
However, they have now 'suggested' that the phone call be taken as my formal resignation and that I'll be paid statutory sick pay until end of August.
My questions are, can they insist that the conversation was my formal resignation if it isn't in writing? (It says in my contract that it needs to be in writing).
Am I entitled to full pay or SSP for my last month?? (My start date was 04.09.13 so I'll be 5 days shy of 2years if I go when they suggest).
Thank you!
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you.
I am very sorry for your loss, can you please tell me how long you have worked for your employer for?
Customer: replied 1 year ago.
Thank you.
I started working for them on 4th September 2013
Expert:  taratill replied 1 year ago.
I would suggest you raise a grievance to your employer to say that you have not given notice but you have indicated that this may be necessary in the future.
Whilst your contract states that written notice is necessary the main difficulty for you is your length of service as there is no right to claim unfair dismissal until you have been employed for 2 years. This means that the employer can give you notice of termination even in the circumstances you are faced with and there is little you can do about it.
If you raise a grievance to say that you haven't given notice then they will be faced with a decision whether they terminate in order to effect the early end date.
Whether you are entitled to SSP or full pay will depend on the terms of your contract. If SSP is normally payable when you are sick then this is your entitlement.
If you have any further questions please do ask.
Customer: replied 1 year ago.
Hi Jenny, thank you for being so quick. Just to clarify, if they agree to let me resign from 14th August then that will take me to 14th September and passed the two year mark. Will I have more rights then?
Also, I am currently being paid SSP but am I entitled to a full months salary for the notice period? Or only SSP?
Many thanks
Expert:  taratill replied 1 year ago.
Your pay for your notice period depends on whether you are on sick leave or not. if you are on sick leave and ssp is normally payable then you will only be paid SSP not full pay.
The issue with the length of service is more to do with what they can do if you insist on resigning at the end of the notice period. In essence if you do that then they can terminate your contract now (with notice).
If they agree to notice starting later then the fact that this will take you over 2 years will not give you additional rights.
If you have any further questions please ask (although please note I will not respond till tomorrow as I'm about to log off to go to bed).
I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time. Thank you and all the best.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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