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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am on long term sick leave I am due to be made redundant

Resolved Question:

I am on long term sick leave
I am due to be made redundant albeit I have a group income protection policy due to pay out 4 days after my planned redundancy date . Work who have been paying this have opted to assist me by delaying my redundancy date to allow me to be in payment of the policy .
They have however states that if they do this I will lose my 3 months extra pay as in my contract as I will be on nil pay at this time . Can they actually do this
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
How long have you worked there?
Customer: replied 1 year ago.
I have worked there 12.5 years
Customer: replied 1 year ago.
I didn't think that by amending my redundancy date this should have any effect on my 3 months notice period in my contract . They have offered to honour my 3 months pay only if policy fails to pay out
Why can't they pay me 3 months pay as in contract as well as delaying my redundancy
They are making he choose right now
Expert:  Remus2004 replied 1 year ago.
Does your sick pay entitlement run out on a specific date then?
Customer: replied 1 year ago.
Yes 4 th April
I am then on nil pay
This is when policy is due to pay out
They want to make me redundant by 31 st March . They appreciate it will cause a problem so they are happy to delay the redundancy until 31 st may so the policy rules are adhered to . However they tell me I will have to then sacrifice my 3 months pay . Albeit if the policy fails they've told me they will pay me 3 months as good will then
Customer: replied 1 year ago.
There is a clause in my contract which allows them to pay me in lieu or in part
I welcome them paying part which means I can be paid out over 3 months even though I am not able to work . This way it keeps me employed
Expert:  Remus2004 replied 1 year ago.
I think there may be a technical loophole that could apply.Let me ask a colleague or better still I will ask him to get in touch, I think he’s online so he will hopefully respond shortly. You don’t have to reply to this
Customer: replied 1 year ago.
Ok I hope he can help tonight shall I just watch the screen
Expert:  Remus2004 replied 1 year ago.
yes please
Expert:  Ben Jones replied 1 year ago.
Hello I am Ben, I will try and help you. Can you please let me know how long have you worked there for and if your contract states you must get 3 months notice if your employment is terminated by your employer?
Customer: replied 1 year ago.
I have worked there 12.5 years
Yes my contract states I must give them 3 months notice and they must give me 3 months notice
Customer: replied 1 year ago.
I believe there plan is to pay people off 31 st March payment in lieu instead of in part
This will effect my policy pay out hence they offered to extend my employment with them - at a cost of losing my 3 months pay
Customer: replied 1 year ago.
If I am employed until May 31 st my policy will be in payment as it starts 4 th April
I do however apparently lose my right to 3 months additional pay on top of redundancy and any holiday pay . Curious to why I'd have to lose it
Customer: replied 1 year ago.
Options they be given me :
1 leave 31 st March with redundancy , 3 months pay and holidays lose policy
2 leave 31 st may , policy will pay out , retain redundancy and holiday lose 3 months pay .
Customer: replied 1 year ago.
They don't have to help me out by extending date but they will save 3 months pay this way ! They have offered to pay me 3 months pay if past April 4 th the policy fails .
Expert:  Ben Jones replied 1 year ago.
This is something which is dealt with under the Employment Rights Act 1996. In the event that an employee is on sick leave when they are issued with notice of dismissal, whether they get paid during their notice period depends on two things: your length of service (dictating your statutory notice period entitlement) and the notice period you are due by the employer n termination. The law states that if your employer must give you at least 1 week more notice period on termination tan your statutory notice entitlement, you will only get paid during your notice period at the rate you are entitled to at the time. So if you are on sick leave and entitled to half pay or no pay, that is the rate you will get. However, if the notice period they must give you is equal or greater by up to a week, then you must be paid your normal rate of pay for your notice period, regardless of what your entitlement is at the time. If you are still with me on this, your circumstances are as follows: by law your statutory notice period is 12 weeks. Your employer must give you 3 months notice, which is more or less 12 weeks and as long as it is no more than 13 weeks then you would be entitled to your normal pay for your notice period, whether or not you are on reduced or no pay at the time. But…as you have identified they do not have to extend your redundancy date so if they really wanted to they could dismiss you in March and you won’t get the PHI cover. What you could do is agree to the later termination date and as long as you have not signed a settlement agreement to give up your rights with them, you could then turn around and point them to the law and request that you are paid for the notice period – they would have to really as it is a legal requirement. A bit sneaky but it would be your right. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
So what you are saying simply is stay on board with them to get past the date where policy pays out . They would make me redundant 31st May . This is assuming they don't make me sign anything . Not sure how I could then demand they pay me my 3 months pay ?
Expert:  Ben Jones replied 1 year ago.
well how you do it is up to you - if you want you can refer them to the law which gives you those rights, I know it is not what was agreed but the law is the law and you can apply it if needed. I don't expect you would be their favourite employee as a result but you have to decide what is more important - assert your legal rights or be nice to them...it's a touch choice but one you will eventually have to make
Customer: replied 1 year ago.
I agree
Do I have to sign anything legally if they've agreed to help me out here to get past the date April 4 th . I am assuming they put some sort of redundancy detail together . Not sure as you're mentions would they legally be allowed to ask me to forfit my rights . Not sure that would be ethical to document that one . Perhaps it can be a word of mouth agreement
Customer: replied 1 year ago.
They have asked me to think about the choice
Would you advise me to potentially mention that I am uncomfortable making the choice.
I don't want them to enforce the redundancy on the 31 st though
Expert:  Ben Jones replied 1 year ago.
The only thing you need to be aware of is if you are asked to sign a settlement agreement, but for it to be legally binding you must go and see a solicitor and they should identify you will have those rights too so they may ask for an amendment or perhaps advise you not to accept it. It is not just a piece of paper you sign, or a verbal agreement, you would now if you are entering into such an agreement - it is official and must be done after legal advice has been obtained to be valid. You can say you are not comfortable with it but in the end you must make a decision either way
Customer: replied 1 year ago.
So to close the best thing is to agree with the latter . Stay employed longer to get policy pay out . Then hopefully not sign anything ( which will mean losing my rights)
Then remind them of the law ( my contract )Hopefully then they will pay out !
Expert:  Ben Jones replied 1 year ago.
Yes correct. If they refuse...well you have the option of going to the employment tribunal to claim it but whether you want to take it that far is up to you. Hope this clarifies?
Customer: replied 1 year ago.
God is that costly
Expert:  Ben Jones replied 1 year ago.
you get fere help to negotiate at first but if that does not work and you have to claim then it is about £400
Customer: replied 1 year ago.
Ok thank you for you honest clever advice
I score you 5
If I need to ask another question tomorrow when does my money run out please
Expert:  Ben Jones replied 1 year ago.
Well it is per conversation really, we have already had an hour so that would be covered by this initial payment. If you need to ask further advice you would have to post a new quesiton, but you can post it for my attention as I am now familiar with your case so you don't have to go over the same details again
Expert:  Ben Jones replied 1 year ago.
And thank you for the rating
Customer: replied 1 year ago.
Thank you
I am happy with that
Expert:  Ben Jones replied 1 year ago.
No problem, good night
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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