Sick pay in notice period

[Tink_2010x]

Hi Everyone, 

 

Just a quick question on behalf of my mum.. 

 

Shes worked for the same GP practice for around 20 years now. It got taken over around 5 years ago by a big company who now own several GP practices in our area. The company have never been great / treated staff great but my mums stuck with them.

 

Recently the company have had a lot of staff leave and all the work was getting put on my mum. They just kept putting more work onto her to cover for those that had left amongst other things. Things finally came to a head last week and she realised she needed a break. For the first time in many years she knew she had to put a sick note in because she was getting to the point of dreading going which she’s never done before. She’s not been sleeping and she’s mentioned to them her concerns about the work not getting done / piling up and they just don’t care enough.

 

So she put a self cert in for a week and then during this week decided it was time to leave, she’s very experienced in what she does and is just not valued in the slightest. She put her notice in and then the company sent an email out saying just to let you know we don’t pay sick pay during notice period if you put your notice in. Is this right? I mean she’s never hardly ever been off sick so we don’t really get all the ins and out but it just seems really harsh.

She’s always paid into the union every month but they’re not getting back to her I’m assuming they’re very busy with Covid. 
 

It could absolutely be right whst they’re doing but I just thought it was worth another opinion. 
 

Thank you 

[honeybee13]

Hi.

 

I expect people will be along to comment later. I'm not an employment person but this doesn't sound right to me - even though your mum has given in her notice, she's still employed.

 

Can you tell us what your mum's contract says about sick pay and especially sick pay during a notice period if it's in there please?

 

HB

[Tink_2010x]

Hi, thanks for your reply. 
 

She’s been onto the company handbook and it says under pay and benefits.. 

 

“Additionally company sick pay may be withheld in the following cases” and then one of them is -  

When the employee is working their notice period. 
 

So I get that it does state that but I just thought I would check if it is correct. 
 

Thank you 

[unclebulgaria67]

Would have normal entitlements during notice period including any sick pay.  The employment contract would state notice period required and during this period to not pay for days not worked due to sickness would seem very wrong.

 

Although it is stated in the contract does not make it legally sound. It says "may" be witheld which suggests that it is discretionary.  What I think this is trying to protect against in someone not working a day of their notice period without a Doctors fit not stating a condition. For example the employee may leave before supplying the fit note.

 

Next step is to contact Doctors for a fit note stating period unable to work due to x condition and to submit to employers.

 

Suggest also contacting ACAS for advice on this.

 

https://www.acas.org.uk/

 

[Tink_2010x]

Lovely thanks for that. She’s got a fit note from her GP which she sent in yesterday. I’ll tell her to look into ACAS too.

 

Thank you.