Pay during notice

[gorse36]

Any brilliant legal minds out there, can you explain this article to me which I received from a legal site regarding payment during notice period. I should say, if it make a difference, that I am currently signed off sick which is also covered in my notice period and that I have been employed for over 7 years. Many thanks in advance.

 

 

Employees who work the hours set out in their contract during the notice period should receive their usual rate of pay.

 

Employees are also generally entitled by law to receive a minimum rate of pay during the notice period even if they do not work, for instance because they are ill or because they are willing to work but you do not give them any.

[raydetinu]

did you resign or were you made redundant; You should indeed be paid during your agreed notice period, full pay or ssp depending on your contract.

[gorse36]

I resigned. My contract, unfortunately, does not state whether full or ssp payable during notice period. I am currently on ssp, but someone seemed to think that I would be entitled to full pay.

Edited October 28, 2009 by gorse36

[Uncertain]

You are entitled to whatever you would have got for those weeks had you not resigned, be that SSP, full pay or something in between. This will depend on your contractural entitlement to sick pay (if any apart from SSP which must be paid).

[gorse36]

Are you entitled to be paid in your notice period

 

If you work your normal working hours in your notice period, you are entitled to be paid your normal pay. You may not be able to work during the notice period because you are:-

 

willing to work but are given no work to do on holiday off work through sickness or injury.

 

If you do not work during the notice period for one of the reasons above, the law says you should usually still get your normal pay. However, there is an exception to this rule. If your contract gives you at least one week's notice more than the law gives you, you lose your legal right to be paid during the whole of the notice period.

 

I read this to be that I am entitled to full pay during my notice period as I too thought it would only be ssp that I got. I will post when I get confirmation. Have asked CAB as it was on their site this came up.

[elche]

In true Blue Peter style, Che's guide to notice pay.

 

Not plagiarised, honest!

 

Your answer is in bold

 

Entitlement to Pay During the Notice Period

 

When working out what an employee’s entitlement is to payment during their notice period you need to know 3 pieces of information:

 

1. what the contractual notice is from their employer if they were being dismissed
   
2. what the statutory notice is from the employer if they were being dismissed
   
3. what the applicable statutory notice period is
   

This information is necessary irrespective of whether or not the employee has resigned or been dismissed.

 

Statutory Notice Periods

 

The statutory notice period varies depending on the employee’s length of service and if they were dismissed or resigned.

 

Dismissal by the employer

 

Length of Service Statutory Notice Period

Less than 1 month’s service nil (but should be in contract)

1 month but less than 2 years 1 week

2yrs + 1 week for every completed year of service up to a maximum of 12 weeks

 

Resignation by the Employee

 

Statutory notice is 1 week irrespective of the length of service.

 

Amount Payable During Notice

 

If the contractual notice from the employer is more than 1 week greater than the statutory notice from the employer then the payment during the notice period is not covered by legislation and the employee will get what they would receive if they were not on notice. For example, if they are willing and able to work then they will get full pay. If they are off sick then they will get sick pay. If they are on long term sick and on nil pay then they will receive nothing. This will most commonly occur when the employer has a 1 month notice period and the employee has 3 years service or less. Statutory notice will be at most 3 weeks and contractual notice will be over 4 weeks (unless notice is given in February and it isn’t a leap year). Similarly, if contractual notice is 3 months then an employee with less than 12 years service will have a maximum statutory notice period of 11 weeks and contractual notice of over 12 weeks (with the same February exception).

 

If the contractual notice is the same, less than, or no more than 1 week greater than statutory notice then the employee is entitled to full pay during the applicable statutory notice period (depending on if they were dismissed or resigned). This applies as long as they are willing and able to work or are off due to a legitimate reason which includes sickness absence. The only exception to this will be if they are able to work but not prepared to do so, for example they are working elsewhere.

 

Che

[gorse36]

Thanks for this. My situation applies to the final part so it looks as if I am entitled to full pay.

 

Ta

[gorse36]

I have had confirmation that my employers accept the date of my resignation, now I have to put it to them about the Employment Rights Act and the payment during notice period. Wish me luck.