ozzieeagle

In general, if someone is Genuinely sick with a Doctors certificate (fractured ankle actually) during a resignation period of 6 weeks.... can that said company force you to take your holidays... instead of paying the accrued holidays at the end of that period.

Or do all UK companies have different policies with this.



.

Sandra

The policy might come from the normal sickness policy rather than relate to a redundancy/resignation notice period. Companies are within their rights to withhold company sick pay if they have a policy that states if the accident was self inflicted.

Usually this revolves around playing sports or dangerous activities that are not work related. Check the company sickness policy.

SSP should still be payable

edited to add - also look how other people have been treated in similar circumstances the policies have to be applied fairly. I was told to take annual leave for an operation because it was a personal choice!!!! So I had one day annual to get my tubes tied and took 2 days sick afterward for feeling peed off!

Sandra

Didn't answer that question that well, yes most companies can say you have to cover periods of absence with annual leave rather than award unpaid periods if sickness isn't granted

ozzieeagle

Thanks Sandra.... Whats SSP btw ?

Just to explain, Uk based daughter injured her ankle quite badly whilst skating...Two weeks into her notice period, she has 3 weeks worth of certificates and her company wants to pay her out as holidays for the last week. She wants to go back to work.... as she wants to say goodbye on good terms with her work colleagues. I guess they dont think she will be very productive during that last week.

Still My daughter is going to make a bit of a fight of it.

Does she have a leg to stand on (pun intended)

Pollyana

SSP = Statutory Sick pay

And tell your daughter that she has my sympathy, feet and ankles are a sore point at present (pun intended!!!)

Sandra

Actually she has the right to work and I do not believe they can force someone to take Annual leave if fit for work. I agree they are possibly saying they do not think she will be productive. In this case they can pay out the notice period as gardening leave but they should not be able to force annual leave or shortne the notice period unless with your daughters agreement.

The Woodcutter

In short - no.
If you are sick with a sick note then you are entitled to sick pay - UK organisations cannot classify this type of absence from work as holiday.

Most organisations in the UK (and in Australia) are clueless when it comes to employment law.

spalen

many companies (mine included) will walk you off the park if you resign in many cases.

this question has nothing to do with sick pay - its to do with wether the company has the right to force you to exhaust your holiday entitlement rather than pay it out. Given they dont want her to work i suspect they have that right, in any case it will be in the employment contract rather than governed under law since holiday is more likely to be granted in the employment contract. The sick portion of it is a herring rouge . Its fairly common practice for my company to pay out holiday pay if we want the person to continue working and do a hand-over , ie the company wants them in the office and cant take holday, It is equally common for us to tell employees to take the holiday during the notice period so we dont have to pay them a cheque at the end.

This isa ll after we tar and feather them and scribe the word Judas on their forehead during the exit interview, quitters.

The Woodcutter

You CANNOT limit statutary obligations via contractual terms.
I am sure your post was well intentioned but it is way off the mark in terms of employment law.

Certainly an organisation can ask an employee to take holiday in a notice period BUT NOT if that employee is sick.

ozzieeagle

Yehp what Spalen has written is more or less this companies attitude. Thing is My daughter really did injure herself skating, which is probably very fortunate for her, in one way, as it looks like the Medical certificate will mean that she actually does get her holiday leave paid out at the end. In fact it goes a bit further, they are trying to make her do research on her own computer, with her own net connection... therein lies another bone of contention for her.

Comes down to a power struggle I think.

The info given is very useful.

ozzieeagle

Yehp what Spalen has written is more or less this companies attitude. Thing is My daughter really did injure herself skating, which is probably very fortunate for her, in one way, as it looks like the Medical certificate will mean that she actually does get her holiday leave paid out at the end. In fact it goes a bit further, they are trying to make her do research on her own computer, with her own net connection. whilst off sick... therein lies another bone of contention for her.

Comes down to a power struggle I think.

The info given is very useful.

spalen

Yeah sorry I stand corrected - I missed the fact she is still sick and they are asking her to take holiday. But - either way, their sick policy is a part of contract. SSP is one thing, but most companies pay you more than that at their discretion for a certain period.

If the doctors note does not cover the full 6 weeks period (which the OP said) then they ARE within their rights to require her to use her holiday to serve her notice.

My point was - its perfectly legal and acceptable to be required to serve notice under holiday rather than be paid out. (Obviously you dont go into work)

IF she is STILL sick , and under the company policy is able to either be self certified, or , is certified by a doctor within the requirements of hte policy, then , she cannot be forced to use holiday as you corrected me.

Sandra

You are entitled to paid notice and not be forced to take it as annual leave, which is the example I was answering, when the sickness runs out there is a week of work due which the employers do not want her to return to but take leave instead.

I understand many companies try and make you take holiday but if it is the legal minimum notice period no contract of employment can change the basic requirements (as stated earlier by another poster)

http://www.adviceguide.org.uk/index/...ts_at_work.htm

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.

If you are in this position, you should consult an experienced adviser, for example, at a Citizen's Advice Bureau. To search for your nearest CAB, including those that can give advice by email, click on nearest CAB.

Hope your daughter gets this sorted out