Resigning whilst on sick leave?

kennedy316 wrote: »

The year runs April to April in regards to the way they work out holiday entitlement. I know i did take some holidays before being off sick as the job is almost seasonal (restaurant at a theme park, though the restaurant is open even when the park isnt) so during the quiet times i took holiday purely as a way of getting paid for taking time off.

I also got married in June and consequently took holiday for my honeymoon, though this too was a combination of holiday and days off. I guess the point im trying to make is that i dont actually have any clue what holiday ive used between 1st April this year and the dat i started my sick leave which is about 2.5 months ago, so about mid july i guess.

Make your best guess then: do you have GP appointments in your diary? It is possible you've taken more than your entitlement, but you'll have 'worked' at least 7 months by the time your notice ends. Your minimum annual entitlement is 5.6 weeks, so 7/12s of that, at least.

kennedy316 wrote: »

Maybe the easiest was to do it is state that id like any accrued holiday to be added to my fianl pay and see what happens there.

That's a good start: it flags up that you know you're entitled to it. If you can make a stab at a figure it's better, they can then disagree but you could ask them to state their understanding of what leave you've taken.

kennedy316 wrote: »

Is it actually British law that they have to continue to accrue holiday entitlement whilst im off sick, and that they have to accept my notice whilst im still on sick leave?

Well, European initially, as far as accruing leave goes. But there have been some court cases which employers should be aware of. And why would they not accept your notice while you're off sick.

kennedy316 wrote: »

I noticed in the above posts as well that its mentioned that they may pay me my normal salary whilst im off sick and have given my notice. Is this law or company specific, as i cant see it being something that they would do.

That I don't know about, I'm afraid.

:cool:

getmore4less wrote: »

Part of the employment act but does not apply in all cases

What is the notice the company needs to give you

reference
http://www.legislation.gov.uk/ukpga/1996/18/section/87

Had a look at the legislation as highlighted in your post and think i understand it. My job is as a barman at a restaurant attached to a theme park. Obviously there are more hours to go around when the park is open and when the kids are on holiday, the restaurant is open even when the park isnt and then there are less hours to go around. In my cintract it just states that I agree to work the hours as and when required for the needs of the business and consequently I never had a set pattern. That said i did tend to work 32 hrs a week except quiet weeks as stated above.

Therefore I guess the following applies-

Employments without normal working hours. (1) If an employee does not have normal working hours under the contract of employment in force in the period of notice, the employer is liable to pay the employee for each week of the period of notice a sum not less than a week’s pay.

(2) The employer’s liability under this section is conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week’s pay.

(3) Subsection (2) does not apply— (a) in respect of any period during which the employee is incapable of work because of sickness or injury

(4) Any payment made to an employee by his employer in respect of a period within subsection (3) (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, [ paternity pay, [ ordinary statutory paternity pay, additional statutory paternity pay] , adoption pay, statutory adoption pay,] holiday pay or otherwise) shall be taken into account for the purposes of this section as if it were remuneration paid by the employer in respect of that period.

So if I understand correctly does this mean that whilst I'm off sick I am receiving ssp as my company does not pay sick pay. However when I hand in my notice the company is liable for paying me a normal wage during my period of notice, and that this applies even if the employee is off work sick during the notice period. However as the employee is receiving ssp then this sum will be counted as part of the payment to the employee during the notice period.

Ie- if the employee normally receives £200 a week wage the the company would subtract the £85 ssp from their obligation and pay the employee £115, with the other £85 being made up by the ssp so the employee doesnt miss out.

Is my understanding correct?
I guess the other question is whether or not stress/depression counts in regards to the sickness and not being able to work, as the doctor has signed me off as he considers my work situation to be bad for my health then is that enough evidence that I fit the criteria?

If the answers are yes to the above would it be too forward of me to mention in my notice that I am aware of the legislation, and if I do could they simply state that my hours are low as I have no contracted hours set in stone?

Sorry for all the questions but the advice I get here is top notch and I'd just like to get my facts in order before commiting anything to writing.