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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47887
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been off sick with depression months and would

Resolved Question:

I have been off sick with depression for 3 months and would like to resign. I am on 3 months notice period but unlikely to be able to work it as I am still sick and signed off until the end of the month at least. Am I entitled to 3 months full pay in lieu of notice if I resign as its not practical for me to work my notice period?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for and what notice period is your employer obliged to give you if they were to terminate your employment?
Customer: replied 2 years ago.
I have worked there for 3 years and they are obliged to give me 3 months notice
Expert:  Ben Jones replied 2 years ago.
Hi there, your rights would be contained in sections 87-91 of the Employment Rights Act 1996. They would also be determined by the amount of notice which the employer has to give you should they decide to terminate your employment. First of all you need to look at what your statutory notice period is and for someone who has worked there for 3 years it would be 3 weeks. Next you need to see how much notice your employer is obliged to give you. If that notice period is at least a week longer than the statutory entitlement you have then they are not required to pay your full pay during your notice period and you would only get whatever entitlement you have at the time, such as sick pay. If you have run out of sick pay entitlement then you may receive nothing for the full period. So in your case your statutory notice period is 3 weeks but your employer is obliged to give you 3 months notice, which is clearly more than a week than your statutory entitlement This unfortunately means that they are not obliged to pay you full pay for the notice period and you would only get whatever entitlement you have at the time, such as sick pay or SSP. For confirmation and further details on this you can check here: http://www.baineswilson.co.uk/articles/notice-pay-sick-pay-which-if-any-do-you-have-pay-exiting-employee-0 I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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