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Not working notice period because health issues. pay?

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Hello,

 I am new here , my name is susana. I have been working almost 7 years for same company but because of my health deterioration I needed to resign. By contract I needed to give 6 week notice though I contacted my manager previously while still on furlough to let her know my intentions so she had time to look for another empoyee to take my position, although my notice period started to count from the 24th of August, i provide 4 weeks sick note and wll provide another for remaining 2 weeks and then my last day as employee  will be 4th 4th october.
I trying to find out whatvzzi will het paid during my not working notice period but they dont reply my mails. The gov uk site says am entitled to full pay: Copy and paste : 

Payment during your notice period

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

  • off sick
  • on holiday
  • temporarily laid off
  • on maternity, paternity or adoption leave
  • available to work, even if your employer has nothing for you to do
But Acas says one week full pay and then SSP

So dont know which one aplies.My company keep ingoring my questions. Does anybody know which is the correct information?

Thank you

Comments

  • TELLIT01
    TELLIT01 Posts: 17,981 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    Which is correct will depend on your contract of employment.  Does your company pay more than Statutory Sick Pay and if so for how long?  How long have you been off sick?  Without answers to those questions nobody can give any meaningful answer.
  • I think you will find the company is required to pay your normal pay if they give you notice.  However, you have given them notice and therefore you are entitled only to what you would normally have received during usual employment (ie only SSP if that is what your company would normally pay).
  • Hello, Thank both for replying. My contract says ssp and thats it. Am on 4 week payment, 35 hours week , not on salary . I give them the notice required by my contracct wich is six weeks as got a long term sicknes thats getting worse so got not chpice but resign. I am off sick since the 24th until the end of employment 4th October. So I be off sick during the whole 6 notice period. But yes, contract says only SSP for people thats on weekly hours . The gov.uk website creates confusion then. 

    Thanks
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If the employer notice to you is no more than 1 week longer than statutory(same 6 weeks for 6 weeks service).
    you are then entitled to full pay for your statutory notice period which is 1 week.
  • t0rt0ise
    t0rt0ise Posts: 4,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The gov website is correct. It is saying that you are due what you would normally get during notice period. As you would normally be entitled to SSP then that is what you will get.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    t0rt0ise said:
    The gov website is correct. It is saying that you are due what you would normally get during notice period. As you would normally be entitled to SSP then that is what you will get.
    that is not how it works,

    Normal pay is full pay not SSP.

    depending on the company notice to an employee the employee is entitled to full pay for the statutory notice period. 
    1 week  when the employee give notice
    1week per year when the employer gives notice.

    But Acas says one week full pay and then SSP

    As I understand it it is the last week that is full pay not the first, and employer not liable till the employee has left

    Start here
    https://www.legislation.gov.uk/ukpga/1996/18/section/87

    the key exemptions is 87.4 when contractual notice by the employer is longer than statutory
    (4)This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).



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