Final pay/notice period

muswellblue

Hi,

I have worked for the same company for over 30 years and have been off sick for last 3 months. My company pays full pay for 6 months and then 6 months half pay. 

The notice period in my contract is 1 month. 

It’s not looking likely that I will be returning to work in the future. I’m a bit confused about the notice period if they dismiss me due to my ill health. 

Would my notice period be 12 weeks (1 week for every year)? If I got dismissed during first 6 months would I get 12 weeks full pay? If dismissed between 6-12 months would I get 12 weeks half pay. 

And if get dismissed once all the sick pay is exhausted does that mean I won’t get any final pay apart from any holiday owed? 

Sorry get a bit confused between the statutory and contractual pay.

YBR

First, you should be entitled to more than the 1 month notice (12 years or more – statutory notice is 12 weeks)

Second, the employer should be supporting you and considering reasonable adjustments, though that might not be what you wish. In theory they must not force you to resign or retire, but in the real world that happens.

Have a look at https://www.acas.org.uk/final-pay-when-someone-leaves-a-job/pay-during-the-notice-period since the statutory notice is longer at 12 weeks, you should receive full normal pay.

muswellblue

https://forums.moneysavingexpert.com/discussion/comment/81946339#Comment_81946339

I’ve been unwell for last couple of years and somehow stuck it out at work. Work have tried to help me with adjustments. GP signed me off few months ago, occupational health also said I was unfit.

I have more hospital/GP/therapy sessions over next few months but not holding out much hope of things improving.

Wasn’t sure I’d be entitled to 12 weeks final pay, especially after my sick pay runs out, but if that is the case that’s cheered me up.

General_Grant

"In theory they must not force you to resign or retire, but in the real world that happens."

Do not resign, whatever pressure there might be from your employer.

As already said, you would be entitled to 12 weeks full pay if you are dismissed.

If retirement is offered or some kind of compromise, that may be as good as or better than the full notice pay. You would need to evaluate any offer made.

Undervalued

https://forums.moneysavingexpert.com/discussion/comment/81946339#Comment_81946339

Technically the employer only has to consider "reasonable adjustments" if the OP's condition meets the legal definition of a disability. If the OP is "only" sick (sorry ghastly phrase) then there is no legal requirement to make adjustments.

Many "decent" employers actually show a lot of support in such circumstances, far beyond what the law actually requires.

muswellblue

https://forums.moneysavingexpert.com/discussion/comment/81947183#Comment_81947183

I had appointment with occupational health, and when I read the report it said I was currently unfit for work and it met the definition of a disability.

YBR

https://forums.moneysavingexpert.com/discussion/comment/81947183#Comment_81947183

Noted, which is why I used "should" which would apply to any sickness, instead of "must" which would apply in disability as a protected characteristic.

muswellblue

just another question if your still off sick and get dismissed, if I get paid PILON this would be the same amount as if I would get paid over the 3 month notice period? It would still be the statutory 12 weeks, just as a lump sum. Is that right?

Undervalued

https://forums.moneysavingexpert.com/discussion/comment/81993237#Comment_81993237

Basically yes. However look carefully at your contract. 3 months is slightly more than 12 weeks so if your contract specifies 3 months then that is what they should pay.

Jude57

https://forums.moneysavingexpert.com/discussion/6662239/final-pay-notice-period

Others have answered your salary questions but I just wanted to encourage you not to delay claiming State benefits to which you may be entitled. At the moment, Personal Independence Payment (PIP) could be payable and it's based on your needs, not your income. Many working people receive it. More information here:

https://www.gov.uk/pip

If you are ultimately dismissed, don't wait until your final payment from your employer runs out, claim Employment Support Allowance (ESA) immediately. While you may not immediately receive any payments, you will receive National Insurance credits towards your State Pension. With 30+ years at your current employer, you may already have a complete contributions record but it's worth claiming ESA early anyway so that your claim can be in the system and you hopefully won't have a long wait for payments from when you qualify. More information here:

https://www.gov.uk/employment-support-allowance

Do you have an occupational pension? Is there any possibility that, if you do, you could access it early without penalty due to your health issues? It's worth thinking about. As I understand it, it depends on the scheme but you'd need evidence (medical reports, Occupational Health reports etc) that you are incapable of doing the job you currently do and can't be redeployed to any comparable job internally. I'm not sure whether you'd need to demonstrate that you'd be unable to do any work at all, for any employer until normal retirement age but it's a possibility.

If you're a Union member, your local Rep or Regional Officials should be able to offer support so if you are a member, get that support, too.

muswellblue

https://forums.moneysavingexpert.com/discussion/comment/81993523#Comment_81993523

I have just applied for ESA as it’s less than three months until SSP runs out.

I have been looking in to PIP but I haven’t applied yet.

Yes I have a defined contribution pension. I have all the paperwork to get it early, it just needs a consultant from hospital to fill it in. I’m still under going further tests at moment, but it shouldn’t be a problem if/when I need to do it. I’m twenty months from 55 so I may not need to do it. But it’s a good option to have.