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  • FIRST POST
    • LGC2
    • By LGC2 17th May 18, 1:05 PM
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    LGC2
    Employee resigned whilst off sick
    • #1
    • 17th May 18, 1:05 PM
    Employee resigned whilst off sick 17th May 18 at 1:05 PM
    I have an employee who has worked for me for 2 ish years. She was off sick for 3 weeks ( we got a sick note) then resigned the day before she was due back. She says she is giving us 2 weeks notice and has a new sick note to cover those 2 weeks. She has no formal contract but our employee manual states all resignations are with immediate effect. We have not seen a sick note for the last 2 weeks sick/notice period.
    Question; what do I legally have to pay her for the last 2 weeks sick/notice?
Page 1
    • spadoosh
    • By spadoosh 17th May 18, 2:06 PM
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    spadoosh
    • #2
    • 17th May 18, 2:06 PM
    • #2
    • 17th May 18, 2:06 PM
    My understanding is that statutory notice is 1 week for under two years and two weeks for over. You say theres no formal contract but there is, in the absence of a written contract its implied there is a contract.

    Im fairly confident you cant offer less than statutory notice, ie whats written in your handbook cant overrule a legal requirement which is what statutory is.

    Therefore i think you need to work out exactly how long theyve been employed and then pay either one weeks notice or two weeks depending on if theyre above or below two years. Also bear in mind they will be owed any accrued holidays.

    Might be worth spending some time on the HMRC website, it covers a lot in terms of an employers obligations.
    Don't be angry!
    • robatwork
    • By robatwork 17th May 18, 2:07 PM
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    robatwork
    • #3
    • 17th May 18, 2:07 PM
    • #3
    • 17th May 18, 2:07 PM
    I have an employee who has worked for me for 2 ish years. She was off sick for 3 weeks ( we got a sick note) then resigned the day before she was due back. She says she is giving us 2 weeks notice and has a new sick note to cover those 2 weeks. She has no formal contract but our employee manual states all resignations are with immediate effect. We have not seen a sick note for the last 2 weeks sick/notice period.
    Question; what do I legally have to pay her for the last 2 weeks sick/notice?
    Originally posted by LGC2
    Not having a contract is pretty daft for a company. Especially as you have an employee manual. Are there really no special arrangements for different employees?

    However what is the notice period in your manual?
    • nicechap
    • By nicechap 17th May 18, 5:27 PM
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    nicechap
    • #4
    • 17th May 18, 5:27 PM
    • #4
    • 17th May 18, 5:27 PM
    What rate of sick pay do you pay? - presumably you've already paid 3 weeks worth.
    Last edited by nicechap; 17-05-2018 at 7:27 PM.
    “Never argue with an idiot. They will only bring you down to their level and beat you with experience.” - George Carlin
    • Masomnia
    • By Masomnia 17th May 18, 7:12 PM
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    Masomnia
    • #5
    • 17th May 18, 7:12 PM
    • #5
    • 17th May 18, 7:12 PM
    Assuming this employee manual of yours is silent on the subject of notice and contractual sick pay, I'd say SSP for the first week, full pay for the second.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
    • getmore4less
    • By getmore4less 18th May 18, 1:15 AM
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    getmore4less
    • #6
    • 18th May 18, 1:15 AM
    • #6
    • 18th May 18, 1:15 AM
    I have an employee who has worked for me for 2 ish years. She was off sick for 3 weeks ( we got a sick note) then resigned the day before she was due back. She says she is giving us 2 weeks notice and has a new sick note to cover those 2 weeks. She has no formal contract but our employee manual states all resignations are with immediate effect. We have not seen a sick note for the last 2 weeks sick/notice period.
    Question; what do I legally have to pay her for the last 2 weeks sick/notice?
    Originally posted by LGC2

    What is the contractual employee notice?
    What is the contractual employer notice?
    is 2ish years a bit under or over 2 years?

    if you are working with statutory, then they are due full pay for the last week.


    You also have the accrued unused holiday to pay.
    • TBagpuss
    • By TBagpuss 18th May 18, 11:29 AM
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    TBagpuss
    • #7
    • 18th May 18, 11:29 AM
    • #7
    • 18th May 18, 11:29 AM
    As others have said, whatever your employee manual says, you can't give less than the minimum statutory notice, which will be either 1 or two weeks.

    Assuming she has been there for just over 2 years, she is entitled to be paid 2 weeks, at whatever rate she would normally get while on sick leave, together with payment for any holiday time she has accrued but has not taken.

    You are entitled to ask her to provide the fit note for the second two weeks if she hasn't done so.

    Once you have deal t with this, I'd suggest that you update your employee manual so it is consistent with statutory law, and think about providing proper contracts to your employees in future.
    Last edited by TBagpuss; 18-05-2018 at 4:28 PM. Reason: correction of typo
    • prowla
    • By prowla 18th May 18, 12:05 PM
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    prowla
    • #8
    • 18th May 18, 12:05 PM
    • #8
    • 18th May 18, 12:05 PM
    Resignations are with immediate effect?
    • ohreally
    • By ohreally 18th May 18, 1:33 PM
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    ohreally
    • #9
    • 18th May 18, 1:33 PM
    • #9
    • 18th May 18, 1:33 PM
    Never before have I encountered terms such as yours, very offbeat. Trouble waiting to fall on you.
    Don’t be a can’t, be a can.
    • LGC2
    • By LGC2 18th May 18, 5:02 PM
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    LGC2
    thanks for all the responses, we will pay 3 weeks SSP for the 3 weeks covered by the sick note, it's just the 2 weeks following her resignation which are a continuation of her 3 weeks sick, for which I don't have a sick note. She has worked for us since March 2016 so just over 2 years.

    (BTW she was off sick cos she couldn't do the work we employed her to do and whilst she was off sick she started working elsewhere doing exactly the same job!)
    • LGC2
    • By LGC2 18th May 18, 5:04 PM
    • 6 Posts
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    LGC2
    thanks for your reply am working on contract for everyone. Thought she had one but seems like she didn't :-(
    • LGC2
    • By LGC2 18th May 18, 5:05 PM
    • 6 Posts
    • 0 Thanks
    LGC2
    yes as in we wouldnt want the resigned member of staff to return to work and they can leave immediately. But I get that the law protects the employee and they are allowed a resignation period and a pay.
    • LGC2
    • By LGC2 18th May 18, 5:07 PM
    • 6 Posts
    • 0 Thanks
    LGC2
    she's worked for us for 2 years 2 months, she gets SSP for the 3 weeks we have a sick note for, she hasn't provided us with a sick note for the subsequent 2 weeks sick/notice period. Thanks for your response
    • LGC2
    • By LGC2 18th May 18, 5:09 PM
    • 6 Posts
    • 0 Thanks
    LGC2
    manual says when you resign it 's with immediate effect as in you don't come back to work and sick pay is SSP. Thanks for your response. I appreciate it.
    • Soot2006
    • By Soot2006 18th May 18, 5:44 PM
    • 1,293 Posts
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    Soot2006
    manual says when you resign it 's with immediate effect as in you don't come back to work and sick pay is SSP. Thanks for your response. I appreciate it.
    Originally posted by LGC2

    That's gardening leave. You don't want them back in the office, but that's your choice and you still need to pay them their statutory notice!
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