Entitlement to notice pay whilst on sick

[leed1985]

Hello. I have been sick for a couple of months and have been providing fit notes to my employer. Due to my difficulties, ahead of my return to work, I am thinking about putting my notice in. At first, I thought if I am on sick they can just say that I don’t need to give notice and waive my notice period so that, in essence the day I give my notice would be my last day at the company. However, I looked into notice pay during the notice period and from the gov.uk website it says this.

**************************** Payment during your notice period

You’re entitled to your normal pay rate during your notice period, including when you’re:

• off sick
• on holiday
• temporarily laid off
• on maternity, paternity or adoption leave
• available to work, even if your employer has nothing for you to do

‘Payment in lieu’ of notice period

Your employer can ask you to leave immediately after handing in your notice.

If they do, they’ll probably offer you a one-off payment instead of allowing you to work out your notice period - called ‘payment in lieu’.

You can only get payment in lieu if it’s in your contract, or if you agree to it. If you don’t agree to it, you can work out your notice period.

****************************

There is nothing written into the contract about payment in lieu during notice periods, just the standard notice periods I.e one calendar month.

So my question is: does this mean that despite me being on sick, is the company obliged to continue to pay me my sick pay during my notice leave? I always worried that putting in my notice would mean I’d be short for that month, but if the company are either obliged to pay me for my notice period even when on sick, or pay me a lieu in notice then it’s something to consider.

Note that I am on full company sick pay - if they choose to withdraw this deliberately at my notice and only pay me SSP for my notice period could I claim this is unfair?

[ULA]

If you are off sick and hand in your notice, then your contractual notice needs to be honored. Even though it is not in your contract, they may decide to pay you in lieu. Alternatively, you will spend your notice period on sick pay, if you are still signed off work.

What are the terms of sick pay? Are you being paid full pay in accordance with that or have special arrangements been put in place for you?