Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder steffyloulou Novitiate

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    Default How does pay work if on the sick and working notice period?

    Hi hope someone can help me - Iv heard a few different things about this and would just like some advice.

    Iv been on the sick for the past week, as the job I have been doing for the past year has become a total nightmare. The place i work is no longer the same, and the workload is unrealistic as to what a human can physically do.

    I have reported my concerns for weeks, but hey fall on deaf ears, and dont even get acknowledged! i feel like i am banging my head against a brick wall, and getting upset and frustrated all over my job.

    Basically the job makes me ill, and after being at the same company for 4 years, i decided i needed time out. the doctor put me on the sick for a week to rest and decide what i needed to do.

    I was a total nightmare out of work, crying and shouting and breaking down for no reason.

    Anyway, i have returned to work for 1 day and after being spoke to like **** and looked at with daggers all day, I returnd to the doctors again, who advised me it would be better for me, after hearing all my concerns again, if I did not go back.

    the GP asked me what my notice period is that i have to give - it is 4 weeks- and the doctor has given me a sick note for this period of time so i dont have to go back to that hell hole and work the notice.

    I have something else i could do in the means of employment after my notice has elapsed - working for a family friend so i am not woried too much financially, and to be honest, the stress of work far outweighs the money worry.

    Anyway, I have cut a long story short above, there is more the company do that is wrong and poor practicew towards its staff, but i have just given you the main points, and i now wondered how the company stand with paying me for this period?

    Because i have a valid GP sick note for the week just gone, and for the next 4 weeks which will be also my notice period, does this mean i will get company sick pay, or at least SSP?

    I have been advised to write my letter of resignation, state my main points and the reasons for leaving, and enclose the sick note. end of.


    My notice period will literally be the 4 weeks sick.

    Im sure i have some holidayicon days that i have accrued too, but that will just set the company moaning and open another can of works i think.
    I am not honesly too worried, but i am 100% the company will try and rip me off with paying me for this sick period, and that winds me up more than anything?!!

    so does anybody know how i stand?

    Can they refuse to pay me anything?
    can they pay Company sick pay, or SSP

    Or can they come to my house, knock on my door, and punch me in the head?!

    I also must stress that the entire week i was off last week, they rung me everyday and hassled me wanting to know when i was going back. My GP advised they should not do this, and a sick note should tell them to leave me alone.

    therefore, i dont think they will take this 4 week note lying down.

    thanks in advance for your help and advice.

    Stephanie Louise.

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  2. #2
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    Default Re: How does pay work if on the sick and working notice period?

    AFAIK, the notice period itself does not alter your employment rights one jot. Therefore, if you otherwise qualify for company sick pay, you should get that, and you should certainly get SSP.

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  3. #3
    Basic Account Holder steffyloulou Novitiate

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    Default Re: How does pay work if on the sick and working notice period?

    Thankyou. i hope this is the case.
    I know theyll try and wangle their way out of it if they can.

    Bit of a questionable one this. never been in this position before.

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    Default Re: How does pay work if on the sick and working notice period?

    Be careful - there is a rule that can apply in certain cases.

    Basically if your contractual notice period is at least one week longer than the stat min there is a possibility that your employer only has to pay your your stat notice period and not the contractual one (s.87(4) ERA 1996).

    This may not apply to you - you need to tell us how long you have worked there.

    Too be honest most employers won't even know this and anyway if they are only paying you SSP it is unlikely there going to look into it too much to save 75.40 per week.

    As regards your unpaid holidayicon pay don't let them get away with not paying this - HP = wages and thus this is an unlawful deduction from wages if not paid. An easy claim to prove in ET.

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  5. #5
    Basic Account Holder steffyloulou Novitiate

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    Default Re: How does pay work if on the sick and working notice period?

    My stat notice is 4 weeks. This hasnt increased due to the time iv been there. ( I dont think )

    And holidayicon pay....exactly..iv earned and accrued this. If not taken then this must be paid surely.


    Im sure we will soon see.

    Thanks for your help

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    Default Re: How does pay work if on the sick and working notice period?

    Quote Originally Posted by steffyloulou View Post
    My stat notice is 4 weeks. This hasnt increased due to the time iv been there. ( I dont think )

    And holidayicon pay....exactly..iv earned and accrued this. If not taken then this must be paid surely.
    Stat notice and contractual notice are two different things (you probably already know that)

    Stat notice does increase with length of service - after 1 month = 1 week; after 2 years = 2 weeks... etc up to a max of 12 weeks after 12 years

    And yes holiday pay accrued MUST be paid - it will be an unlawful deduction from wages if not

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    I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.


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  7. #7
    Basic Account Holder steffyloulou Novitiate

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    Default Re: How does pay work if on the sick and working notice period?

    ah ok I see. Well i do know that if you've worked there less than 1 year i think you have to give 2 weeks notice. And anything above that ( Iv been there 4 years ) is 4 weeks.
    I dont think it ever increase after 4 weeks though.

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