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Will you actually be seeking to terminate her employment? If she was given notice of dismissal would she be in a position to work it?
Well is she going to be able to come in and work during her notice period or will she remain off sick?
What is the notice period which you must giver her on termination as per her contract?
yes I am
I will, but I do need to type it all out...
If you are going to terminate her employment due to ill health then you will still need to issue her with notice of termination. She is correct that the minimum entitlement by law is one week’s pay for every full year of continuous employment, making her notice entitlement 8 weeks. This is regardless of the fact her contract says she is only entitled to 1 month. Also because your notice period is not more than 1 week greater than her statutory entitlement, you must actually pay her full pay for the full notice period, even if she remains off sick for the whole duration of her notice period.
As to holidays, she is also correct because if she has any holidays from the current holiday year, which remain untaken by the time her employment terminates, she is entitled to be paid for them on termination. She also continues to accrue holidays for the duration of the notice period.
In the end you need to pay her 8 weeks’ full pay for the notice plus whatever holidays she has accrued up to the termination date.
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