Contractual notice and sick pay

[Ana89]

Hi can any offer some advice
I have resigned from my role after 9 years after recent discrimination issues.
i am pursuing constructive dismissal through Acas early conciliation.
i have not resigned with immediate affect as i am working from home full time and dont really need to face my employer right now, until such time they decide we have to return to work. I also have kids to provide for so would like to retain my salary for my notice period if i can.
i have made all this clear to my employer. I know there are potential implications re not leaving immediately when ut comes to the constructive dismissal arguments however i feel i can evidence i had no choice aside from this.

my main question is
The whole recent situation has had an affect on my health. I was reluctant to go on sick leave but after speaking with my doctor today about some of the recent symptoms i have experienced as a result of extreme anxiety and stress she has issued a 4 week sick note.

Under the contract i am entitled to company sick pay but it does say its descretiondry and reasons for refusal include but are not limited to 1. Not following sickness reporting procedures 2. Poor record of attendance

i have only had 2 weeks off in total in 9 years and have no issue with sick record .

Does anyone know if im likely to receive company sick pay whilst on notice (this is equal to full pay)

my notice period is 3 months for both sides, we are still in process of discussing termination date .

im quite stressed and dont know wether to hide the fact my gp says im not fit for work as i need my salary to look after my kids

[Ana89]

Ula can you offer any advice please

[ULA]

Firstly on your resignation and claim for constructive dismissal, did you go throught the company grievance procedure prior to resigning and in your resignation letter did you clearly state your reasons for leaving?

The company sick pay element is discretionary which means that even outside of the examples given the company has the option not to pay it. However, treatment of discretionary should as far as possible be consistent in other words all things being the same if someone like you, with a good sickness record was off sick during their notice period and company sick pay was paid then it should be applied in this situation. Although I cannot guarantee that this will be the stance taken by the company.