How much pay during notice period?

saitek

I have recently resigned from my IT job. I was off sick when I handed in my notice, and as I had no written contract gave the statutory notice period of 1 week. During that week I helped as much as I could over the phone and remotely.

I have just received my final pay, and it seems I have been paid SSP for the final week as well as the other days during the month.

I was under the understanding that you are entitled to your full pay during the statutory notice period, even if you give notice during sick leave.

Has my boss made a mistake? The difference between SSP and my full pay makes a massive difference to that last week's pay.

Googlewhacker

I'm not 100% sure on one other thread when someone was dismissed by a company whilst on sick they were entitled to the full pay but as you resigned I am not sure.

However you have not mentioned it so I thought I would check, have you been paid for the holidays that you would have accumilated even whilst off sick?

saitek

Yes it seems my holidays have been paid. My pay slip was a bit confusing. I had to do a bit of calculation to see if it was my holiday pay he missed or my last week's notice.

saitek

This is one of the sources of the info: http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Resigningorretiring/DG_10026689

malcindebt

If you are leaving your job then you should be entitled to pay and benefits during your notice period. If your employer can’t pay you then there are steps you can take to claim your payment.
Your rights during your notice period

During your notice period you will normally have the right to your normal pay and benefits (eg a company car), as set out in your contract of employment.

Right to minimum pay during your notice period


If your contract of employment sets out the number of hours you normally work (eg 39 hours per week) you may also have the right to be paid a minimum hour rate during your notice period for any time that you are:

• off sick
• on holiday
• temporarily laid off
• on maternity/paternity/adoption leave
• ready and willing to work, but your employer does not give you any work

If your employment contract does not set out how many hours you work you still have the right to be paid a minimum hourly rate of pay during your notice period for any time that you are:

• off sick
• on holiday
• temporarily laid off
• on maternity/paternity/adoption leave
• ready and willing to do a reasonable amount of work to earn a week’s pay, but your employer does not give you any work

This is interesting. Does this mean that if you are off sick and have exchausted your sick pay and due to the nature of your illness hand in your notice as you are unable to return to work, you are entitled to notice pay at your minimum rate for the required period?

malcindebt

malcindebt wrote: »

This is interesting. Does this mean that if you are off sick and have exchausted your sick pay and due to the nature of your illness hand in your notice as you are unable to return to work, you are entitled to notice pay at your minimum rate for the required period?

Can anyone help with my question

saitek

After consultation with my boss it turns out he did pay my last week at full rate even though I was off sick. The discrepancy is in holiday taken while off sick, that wasn't really holiday. But I think I am sorted.