PILON and sick pay.
Author
Discussion

kingswood

Original Poster:

136 posts

92 months

Tuesday 29th July
quotequote all
hey, looking for some facts if anyone can help.

public sector PILON rules for civil service compensation scheme. most staff have 6 months full pay on sick, 6 months half.

if staff are off sick, for example 4 months, and then get medical discharge they get PILON on. 1 wk plus a week per year unto 13. so if done 14 yrs plus would be the full 13 weeks.

at present the employer is paying then full pay for PILON upto their 6 month full pay then goes to half pay. so the example above would be 8 weeks full, 5 weeks half (or more or less).

but should the PILON be at FULL PAY regardless of how much is left on sick as PILON is payment in Lieu and the employer can't come back to complete it for no fault of their own?

I'm a union rep and our NEC say the employer is correct, but it wouldn't be the first time the NEC or employer are wrong.

thanks

Simon_GH

761 posts

96 months

Tuesday 29th July
quotequote all
PILON is full pay. It’s not sick pay so is the person’s full salary for the notice period stipulated in their contract of employment.

Panamax

6,473 posts

50 months

Tuesday 29th July
quotequote all
Employer is correct. The remuneration payable "in lieu" is actual current remuneration, not remuneration before ill-health.

Panamax

6,473 posts

50 months

Tuesday 29th July
quotequote all
"An employee will not be entitled to their full normal pay if their contractual notice is longer than statutory notice by 1 week or more. They are only entitled to the appropriate pay for the reason they're off.

"For example, Riley has been dismissed. They've worked for their employer for 7 years and have a contractual notice period of 8 weeks. They're off sick during the notice period and their contract only gives statutory sick pay. They will only be entitled to that."

https://www.acas.org.uk/final-pay-when-someone-lea...


Countdown

44,727 posts

212 months

Tuesday 29th July
quotequote all
I can see where you're coming from but HR Departments do these calculations all the time and quite often in conjunction with the Unions to ensure that the rules are applied consistently so, if they're BOTH saying that the calculation is correct then they're probably right.

You could ask them to point you towards the relevant Policy and then have it reviewed by an external HR consultant but that would cost a couple of £k

Jasandjules

71,129 posts

245 months

Wednesday 30th July
quotequote all
What does the contract say?