Long term sick notice

jdeano

Payment during your notice period
You’re entitled to your normal pay rate during your notice period, including when you’re:
off sick

‘Payment in lieu’ of notice period
Your employer can ask you to leave immediately after handing in your notice.

If they do, they’ll probably offer you a one-off payment instead of allowing you to work out your notice period - called ‘payment in lieu’.

You can only get payment in lieu if it’s in your contract, or if you agree to it. If you don’t agree to it, you can work out your notice period.

da_rule

http://www.acas.org.uk/index.aspx?articleid=4095

"During the notice period employees are normally paid their normal pay and benefits that are set out in the written statement or contract of employment. In certain circumstances payment in lieu of notice can be given, but this provision must be contained in the contract of employment."

Your contract obviously states that after a certain amount of time off sick your salary is £0. This therefore is your normal pay. If you go back to work during the notice period then you will be paid as per your hourly rate/salary.

jdeano

Your contract obviously states that after a certain amount of time off sick your salary is £0. This therefore is your normal pay

It does not state nothing like this line,in any terms and conditions i have from from the comapny that employed me in 1999.

I have no been paid any wages since my sickness started.

da_rule

So how are they getting away with not paying you? If you are entitled to unlimited sick leave then you should be getting paid?

What does it say about sick pay/sick leave etc?

jdeano

The old employer stated to me that if i was on sick for a long period i would have to ask for which i am employment support allowance.
They never paid sick pay for any employee,nor does the new take over company,but bizzarly enough kept me on there books,im even on there electronic clocking in machine lol as sick obviously.

jdeano

In the contract 'we do not offer sick pay'

da_rule

So you just answered the question. You do not get paid sick leave. Therefore, at any point that you are off sick during your contract of employment (including notice periods) your normal pay is zero.

The ACAS guidelines are there to stop companies bullying people who have given notice to quit by messing around with their pay and benefits. Likewise it protects employees when they are given notice by their employer as they know that they will receive the same income during the notice period and can help them budget for life after the job. Also, ACAS is only a guide on best practice.

jdeano

so in a nut shell,dont give in my notice,still get that holiday when they feel like paying it.
Would i get anything if they terminated the employment ?

da_rule

You'd get the same as if you terminated the employment: any unpaid holiday pay that you had accrued during the current holiday year.

jdeano

sod it i will stay on it until they find otherwise,