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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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If my employee has been off sick then returns to work and resigns,

Resolved Question:

If my employee has been off sick then returns to work and resigns, then goes off sick again do I have to pay full pay until their notice period is exhausted? they are still in their first 12 months of employment with me
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What notice period are they entitled to? Is there a sick pay policy?

Customer:

They have to give minimum 1 month but have chosen to give 3 months . The sick pay policy under their contract is 1 month per annum

Ben Jones :

what notice must you give them? also have they used up the month's sick pay?

Customer:

I have to give them 1 month. Yes I have paid them their 1 month's sick pay ie (full pay) it feels like this has been staged.

Ben Jones :

As they have used up their allowance to sick pay, the only relevant factor is whether the notice period would be payable at sick pay rates (SSP at this stage) or full pay. This is determined by the period of notice that the employer would have to give to terminate the contract. If it is NOT at least one week more than the statutory minimum notice period (1 week in this case) then the employee would be entitled to full pay for the statutory week’s notice and then the current sick pay entitlement for the remainder. In your case the notice period you must give them is at least 1 week longer than the statutory minimum so you do not have to pay them full pay for any part of the notice period and they can just get SSP.

Customer:

Thank you Ben that is very helpful

Ben Jones :

you are welcome

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