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misconduct or gross misconduct

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  • Grumpy_chap
    Grumpy_chap Posts: 18,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Are you actually unwell?
    In the circumstances, it is difficult to see how trying to gain a few £ will help your overall position.  It can sometimes help to take the wider view.
    Statutory sick pay may be less than normal salary.
  • Undervalued
    Undervalued Posts: 9,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    xyz111 said:
    is statutory sick pay paid over and above salary?
    No.

    It is around £100 a week. An employer may top it up to full pay, for a while, depending on your contract and their policy. The extra, if any, is called company sick pay. These days virtually all company sick pay is "discretionary" so the contract / policy is only a guide to what normally happens and is not guaranteed.
  • Undervalued
    Undervalued Posts: 9,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    xyz111 said:
    and how long is max absence employee can take on full pay
    Depends on your contract and the company's policy. SSP (£100 per week) is paid for a maximum of six months unless the employee is dismissed sooner.
  • xyz111
    xyz111 Posts: 206 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    How long employees are paid full sick pay is this six month?
    And after which is resignation notice can be normally given by employee?
  • Grumpy_chap
    Grumpy_chap Posts: 18,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Any entitlement to full sick pay is dependent on the contract of employment.
    The employee can give resignation notice at any time while they remain employed by the employer.
    Statutory sick pay may be less than actual salary - it often is.

    It is difficult to see how discussion of sick pay is relevant to the situation of having taken two full-time jobs with two companies that may be considered as competitors.  

    Are we still discussing the same case?
  • xyz111
    xyz111 Posts: 206 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    If there is nothing then how long full payment on sick continuous leave
  • Grumpy_chap
    Grumpy_chap Posts: 18,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    xyz111 said:
    If there is nothing then how long full payment on sick continuous leave
    I am not sure I understand the question.
    If there is nothing in the contract of employment or the handbook, then there may be no period on full pay sick leave.

    You can still be dismissed when on sick leave, so that would make the question moot.

    What is this line of enquiry all about?
    Given you are facing a disciplinary hearing, it is difficult to imagine how suddenly taking sickness leave of absence can help your case.

    Are you actually unwell?
    If you are not unwell and you claim sickness absence, that could be considered as fraudulent - it won't help the issue around the breakdown of trust and moonlighting for a competitor.
  • Dakta
    Dakta Posts: 585 Forumite
    Seventh Anniversary 500 Posts Name Dropper
    edited 11 August 2023 at 5:31PM
    Why do I get the feeling this is either a windup or going to end messy.

    No advantage to taking sick leave, be contrite to your employers, work the best you can with them with resolving this, whilst you can, and prepare for the worst outcome as it's likely.

    Don't compound your problems with new ones, there's a time for playing the game and it's when you have cards to play, it seems you don't just not have many, but you're struggling for any.
  • Undervalued
    Undervalued Posts: 9,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    xyz111 said:
    If there is nothing then how long full payment on sick continuous leave
    I have already answered that question!
  • Undervalued
    Undervalued Posts: 9,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 August 2023 at 5:54PM
    xyz111 said:
    How long employees are paid full sick pay is this six month?
    And after which is resignation notice can be normally given by employee?
    As I have explained, that may be their normal policy but it will be discretionary.

    If they think you are stringing them along to delay disciplinary action they will most likely use their discretion not to pay anything beyond SSP and probably take further disciplinary action.

    You have been employed for less than two years, you have next to no legal protection and you have been caught "bang to rights"!

    Wake up and smell the coffee!
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