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Signed off sick

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Woody1983 | 09:56 Mon 23rd Feb 2009 | Law
8 Answers
My partner has been really stressed about his job recently as the company has been in talks for about 3 months regarding redundancies.
Unfortunatly he found out last week he is one of the redundancies.
He has to work for the next 3-4 weeks.
The doctor has signed him off for 4 weeks for stress.
He has 19 days holiday remaining also.
My question is, will his company take his holiday entitlement away or not pay his full wage if he goes off sick?
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what would the company do usually? Do they pay full wage for people off sick or take it from holiday or pay just SSP?

Question Author
He doesnt know! He has asked the office but they dont know what direction to point him to!
They are not helpful.
I was hoping to know if there is a legal procedure though, regardless of what the company policy is?
no, the minimum he can get would be SSP. Thats the legal obligation.
http://www.dwp.gov.uk/lifeevent/benefits/statu tory_sick_pay.asp �75.40 a week after the qualifying days.

he needs to find out what the company policy is
Question Author
Thanks for getting me that link, I'll show him.
I never understand how companies fail to get people's holiday entitlement completed well before the last few weeks of the financial year! It's like it comes as a shock in february that there are only a few weeks left to get them all in!
What criteria has the company followed for making people redundant? i have only recently had to carry out a review on my department and look for redundencies but the rules are very strict.
If theyve been in talks for 3 months Dot then theyve very probably been doing it correctly as this would be the consultation period. He could ask what the selection criteria were (e.g. a points score system, last in first out etc) but as theyve been doing this for 3 months I imagine they have got the procedure right as they havent just jumped straight in with redundancies.

His contract will tell him what the sick pay arrangements are.

It may also say in his contract that any annual leave is taken during the notice period - but it would actually need to be stated in this contract for them to do this, so again check the contract. It complicates it somewhat if he's sick and his contract says he must take his holiday during the notice period. Personally, if I were his boss I'd play safe and pay the holidays as extra.
Not much to add to 20/20's very complete answer.
Agree that the employer will pay the holiday money, calculated to the date of termination of employment contract.

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