Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What does his contract say about sick pay?
Hello Ben, I'm not sure what the contract says at the moment as partner is at friends house. What should it say ?
Well there are many things it could say but you need to check whether he is entitled to anything on top of SSP for periods of sick leave
Thank you, XXXXX XXXXX check it later and can I come back to you tomorrow please. He has been receiving SSP and this went to half pay from 18 May.
ok no problem just get back to me whenever you wish, thanks
Thank you will be in touch tomorrow.
ok thank you
I cannot access the rating as it says you are still answering my question
you can rate when I have provided my advice tomorrow, thanks
Dear Ben Jones
Dear Ben Jones Further to our discussion last night.
Dear Ben Jones Further to our discussion last night re sickness pay and partners employer renaging on paying one months salary in lieu of notice. The Contract under Sickness Asence reads " During the first month in any 12 month period SSP will be made up to basic pay and after that for the next two months to half pay. Half pay was paid from 18 May. Contract of employment began from 18 June 2012. Our concern is that the months notice in lieu of pay which was suggested by employer and then taken back means he will not pay the salary and just SSP - is he allowed to do this? Holiday entitlement is 25 days from 1 January so this year's holiday although none has been taken will be on a pro rata basis - i..e to 11 July 2013 when the employer said he is no longer employed. If you can help on this we would be extremely grateful. Thank you.
Hello again, it appears that he is entitled to some sick pay, which decreases with time until it just becomes SSP. It appears that the issue here is whether he is entitled to be paid his notice period at his normal rate or at SSP rates.
Unless the contract states otherwise, he would have the same rights during notice as he would have had if he was not under notice. Therefore, if he is on sick leave during the notice period, he may only have the right to SSP if he has already used up his entitlement to sick pay.
There is one exception, which can be somewhat confusing, so I will try and explain it clearly:
I hope the above examples are clear but please let me know if you need any further clarification.