Dismissal whilst off sick

D79337

Hello,

I am being dismissed on capability grounds after 7 months off sick. I had emergency surgery which has had a severe effect on my balance and left me unable to do the job. I do not contest the dismissal.

I do believe that I should be paid full pay for my 4 week notice period which the employer is disputing.

I have found info that confirms that if I were to resign whilst off sick full pay for the notice period is due, but no info on dismissal under the same circumstances.

Can anyone offer any facts?

Many thanks

rtho782

What does your contract say?

Masomnia

I'm not clear, what exactly are they disputing? The amount that you are owed or whether they owe you anything at all?

TBagpuss

They have to pay you during your notice period, but they have to pay what you would be being paid if you were at work, so if you have used up all your paid sick leave they don't have to py you 4 weeks at full rate just because they have gven you notice (they do have to pay you for any holiday you have accrued but not taken)

Undervalued

TBagpuss wrote: »

They have to pay you during your notice period, but they have to pay what you would be being paid if you were at work, so if you have used up all your paid sick leave they don't have to py you 4 weeks at full rate just because they have gven you notice (they do have to pay you for any holiday you have accrued but not taken)

No, not necessarily. In some situations the OP would be entitled to full pay.

It depends or whether his contractual notice is longer than statutory notice.

See here.....

http://www.acas.org.uk/index.aspx?articleid=5315

and also

http://www.landaulaw.co.uk/resignation/

see section headed

Will I receive my full notice pay if I resign during a period of being off work due to sickness?

Just over half way down the page.