Termination of employment due to ill health

mia123

Emplyment terminated on grounds of work capability due to long term ill health.
Employed f/t 8yrs.
When signed off i was working p/t 20hrs 5 days p/w.(This was because i had had a previous sickness period where i had been allowed a phased return to work thus building up to 20hrs)
My questions are:
Am i right in thinking that i am entitled to all holiday pay accrued during my absence plus one months pay in lieu of notice.
Should the final pay out take into account any increment that there may have been during my ansence.
Should the final pay out be based on my f/t or p/t pay ( as i was only working 20hrs p/w when signed off)
Can i ask for a break down of the final pay out.

Thanks

custardy

mia123 wrote: »

Emplyment terminated on grounds of work capability due to long term ill health.
Employed f/t 8yrs.
When signed off i was working p/t 20hrs 5 days p/w.(This was because i had had a previous sickness period where i had been allowed a phased return to work thus building up to 20hrs)
My questions are:
Am i right in thinking that i am entitled to all holiday pay accrued during my absence plus one months pay in lieu of notice.
Should the final pay out take into account any increment that there may have been during my ansence.
Should the final pay out be based on my f/t or p/t pay ( as i was only working 20hrs p/w when signed off)
Can i ask for a break down of the final pay out.

Thanks

you were working PT,but were you still on FT contract and wages?

mia123

Yes my contract didn't alter.
I was working only 20hrs at the time as this was a phased return to work with the hope that i would build up to f/t hrs.Unfortunately i had a relapse so was signed off.

thanks

Uncertain

mia123 wrote: »

Emplyment terminated on grounds of work capability due to long term ill health.
Employed f/t 8yrs.
When signed off i was working p/t 20hrs 5 days p/w.(This was because i had had a previous sickness period where i had been allowed a phased return to work thus building up to 20hrs)
My questions are:
Am i right in thinking that i am entitled to all holiday pay accrued during my absence plus one months pay in lieu of notice.
Should the final pay out take into account any increment that there may have been during my ansence.
Should the final pay out be based on my f/t or p/t pay ( as i was only working 20hrs p/w when signed off)
Can i ask for a break down of the final pay out.

Thanks

Yes you are entitled to holiday pay. This accrued all the time you were off sick and during your notice period. If this crossed the end of your "holiday year" you have to be allowed to carry the untaken holiday over regardless of what your firm's normal policy would be. You cannot legally lose holiday you were unable to take due to sickness.

If your firm gives more holiday than the statutory minimum (28 days per year for a full time person) then the may be able to avoid paying you for the additional holiday - this would depend on your contract terms.

mia123

Thank you for this.
Sorry i have anither question
I have received a letter stating i will be paid my notice period of one month.
Is this right or should it be one weeks pay for each year of service.

Emmzi

it is notice, not redundancy.

so it is whatever the notice period in your contract is.

mariefab

Notice pay should be one week for each complete year of service.

mia123

So they are wrong and need to pay me 8weeks notice pay plus accrued holiday.

mariefab

Yes.

http://www.legislation.gov.uk/ukpga/1996/18/section/86

McKneff

Yes, they should pay you one weeks notice in lieu for every full years employment whether off sick or not.

The law overrides any contractual agreement.

mia123

Thanks for everbodys help I have a further question.
Work have advised that the final pay out will be based on the p/t hrs I was working at the time of illness.
Is this correct or should it be based on my original f/t employment contract.