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Hi all,


I've been off work due to illness for a year now and have finally admitted to myself that I won't ever be going back. I've therefore about to write to my employers with my resignation. Before I do though, I just want to make sure I know what I'm entitled to and that I don't get ripped off in any way. I've googled and googled but haven't been able to find definitive answers to the questions below. I'm hoping someone on here has been in a similar situation and can provide some info.


I gather that any holiday pay I've accrued is still owing to me, but what happens where there is a 'use it or lose' clause in your employment contract? I had 3 weeks holiday pay owing to me in January this year, but any holiday owing has, by contract, to be taken by the end of January or be lost. However, as I'm ill I wasn't in a position to take all my holiday. Have I lost that 3 weeks pay or am I still entitled to it? (I have asked my employers, but they've been vague in their replies... )


My SSP stopped in March and I've been on ESA ever since. If I resign will I still be owed month's wages in lieu of notice or will I get nothing at all as I'm not currently receiving any pay from my employers?


Is it correct that neither holiday pay or money paid in lieu of notice will affect my ESA?


Hoping someone can help...

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You're entitled to all your accrued annual leave for the year, regardless of your contract. There may be a clause requiring you to take leave during your notice period, but I'm not sure in the circumstances that would be enforceable...


I believe you're entitled to pay for any statutory notice period, but not over and above if you have a contractual provision requiring additional notice. So you'd get one weeks pay.


I dont know if it affects ESA though.

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Hold on!


How long have you been there?


Are you in a pension scheme?


I ask because there MAY be an ill health retiral option which comes with cash.


I generally advise to sit tight and let them dismiss you under attendance procedure. So, tell us about your contract?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks for the replies.


Some more info then. I'm not in a pension scheme and have been in the job since the end of 2010.

I've been looking for my contract of employment but haven't been able to find it. However I did come a 1 page document called 'terms and conditions of employment' which does give some info. It seems that due my length of service I have to give them one month's notice, but they only have to give me 1 week. There's no information regarding what happens to notice periods or untaken holiday in case of long term illness, it just says to refer to the Employee Handbook, which helpfully I can't find....


I appreciate that it might be best for me to wait and let them dismiss me, but in all honesty, unless I stand to lose a lot of money, I'd just prefer to get all it over with as soon as possible so that I can move on.

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  • 2 weeks later...

What caused the illness? Any work connection?


Long term illnesses that affect activities of daily living normally attract DLA, have you applied? Also why not consult the Benefits Enquiry Line 0800 88 22 00.

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