Notice period paid? help!

[Noskiamus12345]

Hi

My Dad has been working for a company for 28 years. He is now 68. Due to several operations he has been on sick leave for 29 weeks. After his last sick note finished he did not return to work for 10 days as he did not realise it had run out. His employer sent his p45 in the post and paid no notice. His contract of employment has 4 week notice period. He contacted them and they accepted that he was still in employment.
He has now been signed off for one month with stress due to the situation. He would now like to quit due to the stress and also the company rejecting a flexible working request.
My question is:
As the maximum SSP has run out ie the 28 weeks and he is now on sick leave, if he hands in his resignation now, does the company have to pay his notice?
Have called ACAS and been given two different answers so am a bit confused! any help would be so appreciated

thanks

[Kati]

Re: Notice period paid? help!

[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION] ??

[judgemental24]

Re: Notice period paid? help!

Is he covered under the Equality Act as a disability??
Has he been referred to Occupational Health?
What reason did they refuse a flexible working request?

Considering what you have stated this should be done by reasonable adjustments under the act, do not resign until we have the full picture. If it is that bad you need to be looking at Ill health retirement as a very last resort, not resignation

[teaboy2]

Re: Notice period paid? help!

Agreed with [MENTION=70489]judgemental24[/MENTION] - I was going to refer to Ill health retirement myself.

As for sending your dad his P45 - it would seem they had terminated his employment after not hearing from him during those 10 days, and assumed he had quit. Though that would be unreasonable to come to that conclusion given the circumstances, and the employer should have made an effort at the time to contact your father. Though it appears they have remedied this upon being contacted and confirmed he is still employed.

[Noskiamus12345]

Re: Notice period paid? help!

Thanks All!

If he took ill health retirement then I presume it would be the standard state pension? In which case as he is 68 even if he resigned he could start receiving his pension? Sorry for my lack of knowledge!
If he did hand in his resignation would he be entitled to be paid his notice period? (Given that he is on stress leave at the moment and statutory sick pay has run out). I think now he just wants to leave the company and take retirement but wants to at least get what is due to him (The company after all the years of service is trying to get away with anything not to pay)

Thanks

[judgemental24]

Re: Notice period paid? help!

I would go for three months wages (12 Weeks) as severance as a minimum for ill health Retirement on ill health if no agreed procedure is in place

That would be Tax free though you would pay tax on any outstanding holiday entitlement or pay in lieu of notice

Is ill health retirement mentioned in his contract of employment?
Being over 55 you will be entitled to an enhanced pension lump sum if in an occupational pension scheme being over 55

[Noskiamus12345]

Re: Notice period paid? help!

Thanks Judgemental24

I will try and look into how he goes about applying for ill health retirement. I do not think it is in his contract but I will have a look tonight. As far as secerance goes can he ask for this or would the employer need to agree? He is so stressed about meeting his boss again as they are giving him a hard time so I have been helping him communicate with them via e-mail.

[judgemental24]

Re: Notice period paid? help!

Even though he is on the sick he is still accruing annual holiday entitlement which they will have to pay him

It will be in the companies best interest to terminate the contract on capability

The employer has no say in the matter as such as Occupational Health will make that decision as to capability with any proposed reasonable adjustments to comply with the Equality Act

I would be asking the employer to refer back to occupational health myself as you can discuss your options in confidence and a report given to the employer with your permission as to future capability