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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46140
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My SSP payments will end August 11th. I do not intend to

Customer Question

My SSP payments will end August 11th. I do not intend to return to work. When and how long notice should 1I give. My contract says 1 month. Also what about holiday that I have accrued.Many thanks Ben
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.
Hello are you asking if you will get paid for the notice period?
Customer: replied 10 months ago.
I realise that after my SSP end I will not gefore I give my notivet paid. Do I wait until it ends before I give my notice. I do not wish to work my notice period
Customer: replied 10 months ago.
Sorry about mistakes. I realise I will not get paid when Ssp ends. When should I give my notice
Customer: replied 10 months ago.
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Customer: replied 10 months ago.
Don't seem to have received an answer to my query
Expert:  Ben Jones replied 10 months ago.
Hello, sorry my laptop crashed earlier today and have just managed to get a replacement. You would be expected to give the month’s notice you are required to under contract. However, that does not mean you have to work it – if you are signed off sick then you may continue being off work for the duration of the notice period and not come back before it expires. So you could submit it a month before your SSP expires and finish when that happens, or you could wait until SSP expires and then hand in your notice and remain signed off for the remainder of it even if you do not get paid. In terms of holidays you continue to accrue these even if you are on sick leave so if you have been unable to take them before your employment terminates the employer should pay you for them as part of your final salary. This is your basic legal position. I have more detailed advice for you in terms of a little known legal loophole which may even entitle you to receive full pay for your notice period even if your SSP entitlement has run out, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 10 months ago.
Thank you for your answer. I would be interested to know how to be.paid SSP whilst on my notice period pls.Many thanks for your help once more.
Expert:  Ben Jones replied 10 months ago.
Hello yes of course, however as this is a follow up query please leave your rating for the initial advice and i will then provide the further details as needed many thanks
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46140
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
Rating submitted
Expert:  Ben Jones replied 10 months ago.
Thank you. There is a little known section in employment law which would require the employer to pay you your normal pay for your notice period even if you are on sick leave and have exhausted your entitlement to sick pay. This will depend on the notice period your employer must give you if they were to terminate your employment, compared to the statutory notice period you are entitled to by law. The statutory notice period you are entitled to is 1 week for every full year of employment with the employer, up to a maximum of 12 weeks (e.g. 4 weeks for 4 years service, 7 weeks for 7 years service, etc.). So you need to see what your statutory notice period is and compare it to the notice period in your contract which the employer must give you on termination. If the contractual notice period is a week or more longer than the statutory one, then you only get paid whatever you are entitled to at the time of the notice period, such as sick pay or nothing if you have used it all up. However, if the contractual notice period is equal to or up to a week longer than the statutory one, then you are entitled to your normal pay for the full duration of the notice period.
Customer: replied 10 months ago.
I presume if I hand on my notice that is the end of any payment as the Ssp will have finished ished
Expert:  Ben Jones replied 10 months ago.
Not unless the above applies

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