Back

Please note our offices and reception are closed on Good Friday and Easter Monday. We will re-open as usual at 9am on Tuesday 22 April.

Get in Touch Menu

Classic employment traps – sick pay and notice

16 November 2006

A classic trap arises when an employee is given notice by his employer (lawfully, of course, and after taking legal advice) but then signs off sick.

Employers need to tread carefully when considering issues of sick pay and notice – particularly in respect of less senior workers who tend to have shorter contractual notice periods. A classic trap arises when an employee is given notice by his employer (lawfully, of course, and after taking legal advice) but then signs off sick.

If a worker’s contract entitles him to receive only a week’s notice for every year’s service (ie the minimum statutory requirement) and no salary during sickness absence, then the employer may be obliged to pay full salary if the employee goes off sick after being given notice.

Because the employee’s contractual notice does not exceed his statutory notice entitlement by at least a week, he is entitled to be paid full salary for his period of sickness – assuming he is on sick leave for the period of his notice.

One of our employment lawyers commented: “Many employers have been caught out by this little bit of small print. The only way to guard against it is to ensure that staff are entitled to more contractual notice than statutory notice, by at least a week.

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

Contact us

 

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
View profile
Mathew Clayton
Related services
Share this article
Resources to help

Related articles

Employment Rights Bill: Employees to benefit from guaranteed hours & rights relating to shifts

Employment & business immigration

The Employment Rights Bill is shaking things up, with employees expected to benefit from guaranteed hours and rights relating to shifts. The government is committed to ending one-sided flexibility and…

Simon Pathé FCILEx
Partner, chartered legal executive

Supreme Court makes landmark decision on gender definitions

Employment & business immigration

The Supreme Court has unanimously allowed the appeal for For Women Scotland Limited and has provided clarity on how ‘woman’, ‘man’ and ‘sex’ are to be defined. The decision acts…

Hifsa O'Kelly LLB (Hons)
Senior associate, solicitor

Employment Rights Bill: Changes to statutory sick pay

Employment & business immigration

As part of the all new Employment Rights Bill, it’s likely that changes to statutory sick pay could significantly impact you and your business. When the Employment Rights Bill becomes…

Simon Pathé FCILEx
Partner, chartered legal executive
Contact us