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Law Queries
Wages during notice period
Q. My member has been on long-term sick leave and is being
dismissed for capability (ill health). Is he entitled to be paid his normal wages during his notice period, even though
he has used up all of his sick pay? His contract entitles him to statutory notice.
A. The answer to this query is yes. An employee who is off work on sick leave is entitled to receive their full weekly pay during the whole of their statutory notice period, even if all their contractual sick pay has been used up.
The relevant law is section 87 of the Employment Rights Act 1996. The only exception to this rule is where your member has a contractual notice entitlement that exceeds minimum statutory notice by at least one week.
Minimum statutory notice is one week for each year of service up to a maximum of twelve weeks’ notice after 12 years’ service.