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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50725
Experience:  Qualified Employment Solicitor
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I am leaving my current employer / voluntary severance. My

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I am leaving my current employer / voluntary severance. My date of leaving is 24th September. I have a 12 week notice period and have been offered pay in lieu! I am currently off work and will be till I stop - having had an operation. I have been told that I will not get 12 weeks pay but 10 as 2 of these weeks now are working weeks as it was agreed on the 8th September. How can this be so when I am off ill? Should my 12 weeks not commence from 24th September?
Advice please.

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

When were you actually issued with formal notice of termination?

Customer: replied 9 months ago.
I received a letter on 14th September dated 11th September telling me that my VS was approved on 8th September with a leaving date of 24th September. I assumed that my 12 weeks notice period would commence from my Leaving Date - there is nothing in writing to suggest otherwise. My letter states that I am being released for reasons of Redundancy although I have been told there is no Redundancy Package so I am keen to get my full 12 weeks notice as I now have to access my Pension earlier than expected. I am still off ill on GP's advice.

Hi there, sorry I was offline when you replied and have only just returned.

Generally, your notice period would start to run from the date you are issued with notice of termination. It is entirely possible for part of your notice to be spent ‘working’, and part of it being paid in lieu of notice. The working part does not have to be actually working and you could potentially remain off sick during that time but it will be taken off your notice period. One thing I would say is that the notice only rally should start from the date it was communicated to you, so from the date of the letter, that being 11 Sept. It will only buy you a few days though, it won’t change the fact that your notice can start to run from that date even if you are off sick. So the employer will be correct in what they have done, apart from you could try and claim an extra few days for the fact their notice of termination was issued on the 11th.

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