Termination of contract during a pending disciplinary

[Tinny111]

hi,

today inrecieved a letter from work.

‘I am writing to you following the receipt of your resignation letter dated 7th Feb 2019. I have also received a fit note dated 8th feb 2019

i must inform you that as you are currently pending disciplinary action, the company element of your sick pay would be withheld in line with our policy and procedures

As you have already tendered your resignation. I am confirming acceptance of this with immediate effect, as you have opted not to work your notice period by sick leave. Therefore your termination date will be 07/02/2019 as of this date all pay and benefits will cease

your final wage will be paid into your account on 1st March 2019 and your p45 will subsequently be posted to your home address.

Please be be aware that any overpayments of holidays taken will be deducted from your final wage. Please return all company property to the people team by 15th feb 2019

does this mean that now my contract has been terminated that no more further ingestions will occur?
I am hoping this is the case because my health has seriously declined in fear and dread over all of this.
Can anyone confirm or deny that this will end everything?
Thank you

[ULA]

I think I understand where you are coming from in that you are clearly just wanted to leave your employment as soon as possible, however I just want to check that they are dealing with your notice fairly. Can you just answer me the following questions:

1. what is your contractual notice period?
2. how long have you been signed off for?
3. does the company pay more than SSP if you are off sick?
4. does the company sick pay or disciplinary process state that if you are sick once you have been notified of a disciplinary meeting you will not be paid the enhanced company sick pay over and above SSP?

[Tinny111]

Hi ula
my notice period was the 7th feb - 21st feb
i got signed off from the 8th - 21st due to stress and anxiety
and as for answers 3 and 4 I’m honestly unsure.

Fortunately I’m not worried about not recieving the sick pay as I am more concerned about my health as is my family. I just want to know that, is this letter looking like my worry of further action (regarding disciplinary) could finally be over?
I’m just desperate for this to be the case.
thank you for the reply
Tinny

[ULA]

I am sorry you are in such situation, it was not just about the company sick pay I was concerned, it was also SSP. However, if because of the circumstances you just want to move on then effectively the letter confirms that the company deems your termination date to be 7 Feb. It would be pointless for them to continue with any action, you are no longer an employee of the company as of 7th Feb.

[Tinny111]

Hi again,

thank you for this, it’s come to immense relief.
When my fit note was handed in, I didn’t receive an SSP1 (if that’s what it’s called)
as I mentioned previously, I wasn’t even thinking of money whatsoever.
Would you be in thinking that this company have basically took upon themselves to accept early resignation, instead of it going to dismissal? As I’m almost certain I would have been dismissed because I’m not well enough, nor wanting to go to any hearings.
Thank you
tinny

[ULA]

It seems that they may have done just that, however they have also taken away your contractual right to notice. Even if you were not entitled to receive company sick pay for this period because of the disciplinary process you would have still been entitled to SSP.

[Tinny111]

Hi,
So were they obliged to give me an SSP form? Or did I have to fill this out on the government website?
I wouldn’t even be able to muster up the energy, nor want another interaction with this company though to challenge it.
They are probably thinking ‘he wouldn’t even dare try’

thank you for all your information though. My head has been a mess for a week now. Il so glad I found this site.

[ULA]

Effectively by not agreeing to notice, even if the company procedures did allow for not paying company sick pay because of a disciplinary process being in place, they would have had to pay SSP which would have started from day 4 of your sickness to the end of your notice period. By effectively terminating you on 7 Feb and no notice they have absolved themselves of that payment.

To pursue this would mean more contact with the firm which from the sounds of it you may not want to do. The lack of SSP although not right might be the "price" for not having further disciplinary action being taken and being deemed to have left the company on 7th Feb.

I hope that your health now recovers and wish you the best of luck.