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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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I have been off work signed off with Stress and anxiety from

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Good afternoon. I have been off work signed off with Stress and anxiety from excessive work and bullying for a period of 6 to 7 weeks. My Doctor considered me to be fit for work, but at an Absence Review meeting, HR decided that I was not fit. They then told me to get an extra sickness note from my Doctor to cover me to 20th September 2016. At this meeting they intimated that I should look for employment elsewhere. With this in mind, I handed in 4 weeks notice to start from 20th September and this would then take me to 18th October. HR excepted my resignation, and said that I did not need to work my notice period. My question is am I legally entitled to be paid to 18th October as they have said that it is not necessary to work this period? Also I have a car through the company car scheme that they are saying has to be handed back on 20th September, when this does not give me time to source a new one. I hope that you could offer some advise?
Kind regards.
Mr. Mark Payne
01536 711835/07852 237831

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Hi there Mark. How long have you worked there for all in all?

Customer: replied 1 year ago.
2 years 9 months. 4 months of this was as an agency workers.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Thank you Ben. I look forward to hearing back from you.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Many thanks for your patience. As you handed in your resignation and would have been happy to continue being employed by them until the end of the notice period, even if on sick leave, by saying that you are not required to continue working for the notice period the employer is still obliged to pay you for that period. What you get depends on what your sick pay entitlement is and also what notice period the employer must give you on termination. If you get full pay under a sickness policy and there is no right to change that then you should get full pay for that notice period assuming you have not used up your entitlement. If you get SSP or partial pay for sick leave then you may still be entitled to receive full pay for the notice period and that would depend on what notice the employer must give you on termination (note it is not the notice you must give them but the one they must give you, even if you are the one who has resigned). If they are obliged to give you up to 2 weeks’ notice then you get full pay for the notice period even if your sick pay entitlement is less than full pay. If they are to give you 3 weeks or more then you get what you are entitled to at the time, so the sick pay entitlement you get.

As to the car, you need to check if the contract says that the employer can terminate your contract by paying you in lieu of notice. If they can then they can exercise that option and terminate your contract immediately by paying you for the notice period. Your contractual entitlement to a company car will also end then and you may have to give that back. However if no such clause existed, they will have to allow you to remain employed for the duration of the notice period and you will retain your contractual entitlement to a car until the employment terminates (unless contractually they can terminate that early anyway).

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 1 year ago.
Thank you 5 star rating.

Many thanks

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