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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46806
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Have just served 3month notice while sick and if I was entitled

Resolved Question:

Have just served 3month notice while sick and if I was entitled to full pay
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Hi have just served 3 month notice while sick have been told i was told I was entitled to full pay I had worked for the company for 18 years have been told by the company's solicitor via acas I only entitled to 1 weeks pay and ssp not pay for the notice period and if this is still have a case I was still worth going to a tribunal approx £4500 net pay owed if true ? many thanks
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Before I can advise I need to know what is the notice period that your employer must give you under contract in the event of termination?
Customer: replied 1 year ago.
it 3 months for me it dose not say anything for the company please find a copy of the my contract add to the files hope this helps gary
Expert:  Ben Jones replied 1 year ago.
Thank for that. It’s quite a basic contract and does not say anything about the notice period the employer must give you, which is what would determine your rights in this case. Sections 86 to 91 of the Employment Rights Act 1996 deals with situations where an employee is unable to attend work because of sickness or injury during their notice period. If the employer is obliged to give the employee their statutory notice period on termination, then the employee is entitled to receive full pay for their notice period (section 87, ERA 1996), even if they have exhausted their rights to statutory or contractual sick pay. So even if you are the one resigning, what matters is the notice period your employer should give you in the event of termination. For you to be entitled to full pay during your notice period your employer must be obliged to give you the statutory notice period entitlement. This entitlement is a week for every full year of work, up to a maximum of 12. In your contract there is no mention of the employer’s obligation to give a specific notice period and as such they would only be required to give you the statutory minimum, which is 12 weeks in your case. It also means that you would be entitled to full pay during the notice period. You can send the above information to the company’s solicitor. If they still refuse to y then you could indeed go to the employment tribunal to pursue this amount. 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46806
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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