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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50177
Experience:  Qualified Employment Solicitor
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I would like some advise with regards ***** ***** following

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I would like some advise with regards ***** ***** following situation:I have an employee that has been absent from work as follows:12th April - Sick - paid at full rate
13th April - Sick - paid at full rate
14th April - Sick - paid at full rate
15th April - Holiday - paid at full rate18th April - Holiday - paid at full rate
Advised on 18th April that she had been signed off but not informed as to when. She was informed that any
further dates would be SSP only (contract states SSP only)
19th April - sick - SSP - she advised that she had been signed off until 24th April - there has been no evidence to support this
20th April - sick - SSP - she has handed in her notice and requested early release from her contract. She was
informed that she would be required to work 4 weeks notice as per contract of employment. She returned her key
with resignation letter
21st April - she requested some personal property to be returnedWe are pretty sure that she will not return to work on 25th April. Where do we stand with regards ***** ***** if she
fails to return to work can we withhold paymentWith regards ***** ***** SSP, will we be required to pay this for tomorrow for the 4 days this week in the absence
of a Dr's note which we are doubtful exists
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What payment are yo trying to withhold exactly?
Customer: replied 2 years ago.
We are trying to establish what we are obliged to payOur payroll is processed weekly on a FridayAre we obliged to pay ssp plus one days holiday for this week on the basis we have not received a sick noteIf she fails to return to work on Monday she will be in breach of her contract ... will we be obliged to make any further payments of any kind to her
When it comes to SSP you cannot ask for a fit note for the first 7 days of absence - in other words SSP is payable whether there is evidence of incapacity or not. She simply needs to be off sick to qualify. Only after the initial 7 days of absence can you request a doctor's note. If she does not return to work next week then you do not have to pay her for time she has not worked meaning you would not have to pay her for the notice period she has refused to work through. SO then you only pay her up to the time she has been in work or been off sick (if there is still days in the initial 7 days left) or been on holiday. 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
Customer: replied 2 years ago.
That's great ... What is the situation with holiday pay?
15 and 18 april?
Customer: replied 2 years ago.
These dates are being paid ... Will be she be entitled to any pay for outstanding accrued leave or is this is forfeited once she breaches her contract by not returning to work her notice
You have to pay her for accrued leave - this is a legal right, not a contractual one (unless she got additional leave by contract ad that was the only one left outstanding) Does this clarify?
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