Employment terminated due to long term ill health

[catkin417]

Employment terminated on grounds of work capability due to long term ill health.

Employed 8yrs f/t.

When signed off I was only working p/t 20hrs 5 days p/w.(This was because I had had a previous period of sickness where i had been allowed a phased return to work thus building up to 20hrs p/w)

My questions are :

Am i right in thinking that i am entitled to all holiday pay accrued during my absence plus one months pay in lieu of notice.

Should the final pay out take into account any increment that there may have been during my absence.

Should the final pay out be based on my f/t or p/t pay (as i was only working 20hrs when signed off)

Am i entitled to ask for a break down as to how they have calculated the final pay out.

Thanks

[Sidewinder]

Employment terminated on grounds of work capability due to long term ill health.

Employed 8yrs f/t.

When signed off I was only working p/t 20hrs 5 days p/w.(This was because I had had a previous period of sickness where i had been allowed a phased return to work thus building up to 20hrs p/w)

My questions are :

Am i right in thinking that i am entitled to all holiday pay accrued during my absence plus one months pay in lieu of notice.

 

You should be entitled to all untaken holiday accrued prior to and during during your period of sickness. After 8 years service, the minimum notice period should be 8 weeks, or longer if permitted by contract.

Should the final pay out take into account any increment that there may have been during my absence.

 

Yes. As far as I am aware, if you were entitled to a specific rate per hour, and this increased whist you were off sick, then that should be the applicable rate on which to base termination pay, even if you were not paid whilst off sick.

 

Should the final pay out be based on my f/t or p/t pay (as i was only working 20hrs when signed off)

 

Not entirely sure, butI think this should be by contract, ie at you full time rate.

Am i entitled to ask for a break down as to how they have calculated the final pay out.

Yes - especially if you are likely to challenge it!

 

Thanks

 

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[catkin417]

Thanks for that.

In the letter i have received it states i will be paid your notice period of one month.

Is this wrong?

[RachelMD]

..

Ditto

[RachelMD]

Thanks for that.

In the letter i have received it states i will be paid your notice period of one month.

Is this wrong?

Dunno. What's your contractual notice entitlement from your employer? That's what you should receive.

[catkin417]

I assume it is one month as i was paid monthly.

[RachelMD]

Actually, looking at your OP you've been employed for 8 years (continuously?).

Therefore, the minimum notice your employer can give you is 8 weeks.

Ker-ching.

[catkin417]

Yes employed for 8yrs. But have been on long term sick for some time.

Does this make a difference to the notice period?

[catkin417]

So in essence they are obliged to pay me 8weeks notice pay and all accrued holiday pay?

[RachelMD]

Yep.

Of course, they'll try and argue to the contrary.

[mariefab]

.... in which case you ask to see a copy of the letter they have from the Secretary of State specifically exempting them from the statutory requirements in section 86 of the Employment Rights Act.

[catkin417]

Work have advised that the final pay out will be based on the p/t hrs i was working at the time of illness.

Is this right or should it be based on my original f/t employment contract.