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Fired Due to Sickness 3 Weeks into Job

Birdman2015
Posts: 261 Forumite

I have only been in my current job weeks and unfortunately have had to go off on sick leave, my GP has gave me a fit note stating I should not work for 3 weeks.
After telling my boss I recieved an email from my boss telling me he was letting me go.
I have no issue with this and half expected it anyway. What I want clarification on is my notice period. The contract states 10 days notice by either party. I assume that I will be eligible for PILON but will this be my actual wage or the SSP payment I would have received?
After telling my boss I recieved an email from my boss telling me he was letting me go.
I have no issue with this and half expected it anyway. What I want clarification on is my notice period. The contract states 10 days notice by either party. I assume that I will be eligible for PILON but will this be my actual wage or the SSP payment I would have received?
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Comments
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We don't have enough information to say whether or not you would be entitled to SSP.0
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I'm afraid it won't be the full wage. There is provision for full wage payments in notice periods, but not if your contractual notice exceeds the statutory notice period. Statutory notice in the first four weeks is nil. So ten days is more than that, and you can't legally redirect the full wage for ten days. SSP friend on whether you qualify. Past that, I'm afraid you get nothing.0
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Assuming you're entitled it'll be statutory sick pay (as your notice period is longer than the statutory minimum by more than a week) unless your contract specifies otherwise.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0
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I'm afraid it won't be the full wage. There is provision for full wage payments in notice periods, but not if your contractual notice exceeds the statutory notice period. Statutory notice in the first four weeks is nil. So ten days is more than that, and you can't legally redirect the full wage for ten days. SSP friend on whether you qualify. Past that, I'm afraid you get nothing.
To clarify,
although not relevant because those sections that deal with pay do not apply if you have not worked 4 weeks(87.1),
for the provisions for full pay to not apply the employers contractual notice needs to exceed the employers statutory notice by at least a week(87.4)
http://www.legislation.gov.uk/ukpga/1996/18/section/870 -
dam, 3 weeks off 3 weeks in.0
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xapprenticex wrote: »dam, 3 weeks off 3 weeks in.Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked0
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Takeaway_Addict wrote: »Sh1tty employer really though not to give the employee a chance to show its at least a one off.
Depends what it's for really. If he fell off a ladder and broke his leg, that's one thing. If he has taken three weeks off because he has a cold, there's not much sense for the employer in hanging about.0 -
ScorpiondeRooftrouser wrote: »Depends what it's for really. If he fell off a ladder and broke his leg, that's one thing. If he has taken three weeks off because he has a cold, there's not much sense for the employer in hanging about.Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked0
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The reasons for absence were mainly a recurrance of depression from last year and a shoulder injury caused in no part by the heavy lifting the job involved.
As I say, I have no real grievance about the actual termination, this was just a query as to what I will be owed wage wise.
On a side note I was rather upset that the email I sent to my boss to explain my absence (after calling in earlier) was forwarded onto a couple of other members of staff. Surely this should have remained a private matter?0 -
Dont forget your holiday pay accrual too.make the most of it, we are only here for the weekend.
and we will never, ever return.0
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