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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50702
Experience:  Qualified Employment Solicitor
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I joined my current employer on 31st July this year.

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Hi, I joined my current employer on 31st July this year. Unfortunately thing aren't working out and I was under so much pressure I became ill and went off sick on 7th November. I got a sick note from my GP for 2 weeks which expires tomorrow.
To complicate matters I had holiday leave pre-booked from Friday 10th November to 17th November (6 days)
I will be seeing my GP again tomorrow and it is likely he will sign me off for a further period of time.
In the meantime my employer has cancelled my leave request and the leave days have been credited back to my entitlement.
I am entitled to 3 weeks company sick pay after 90 days service which I have achieved.
My questions are-
1. Is my employer obliged to pay the 3 weeks full sick pay should I be off sick for 3 weeks or more?
2. Should I decide to resign, can I do so whilst on sick leave and will my 1 week notice period be paid over and above the 3 weeks sick pay? (1 week as on extended probation)
3. Will any accrued plus my re-credited holiday be paid if I leave the company before taking it?
Many thanks for your help

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

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

What reason has your employer provided, if any, for doing this?

Customer: replied 7 months ago.
Hi, they have extended my probation as they say I have not reached the required standards

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Hi there, please find below the answers to your questions:

1. Assuming the company sick pay entitlement is a contractual right and you have satisfied the conditions, then yes, they would be obliged to pay it. The only caveat is that this should not be discretionary sick pay, it has to be guaranteed, so the entitlement should not give the employer the discretion to decide whether to pay it or not. If it was discretionary, they could potentially decide not to pay it.

2. You can resign at any time, even if on sick leave. What you are entitled to in relation to notice pay depends on several factors. If your notice is within the initial 3 weeks of sickness and the employer is paying you sick pay then your notice will be covered by this sick pay entitlement. If you are outside of the 3 weeks full pay sickness period then your notice pay will depend on what notice period the employer should have given you on termination. If that notice period is at least 2 weeks or more, then you only get SSP during the notice period if you remain off sick. If their notice period is less than 2 weeks then you are entitled to full pay for the notice period even if you remain off sick and have used up the sick pay allowance.

3. Yes, you will be entitled to get paid for any accrued and unused holidays you have at the time of leaving.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank yo

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