Back
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, head of governance & risk
Mathew Clayton
View profile
Related services
Share this article
Resources to help

Related articles

Maintaining zero tolerance without abandoning fairness

Employment & business immigration

Zero-tolerance policies are enforced in workplaces up and down the country, but it’s key that employers remain fair when challenging situations arise. Our team looks into a case that highlights…

Simon Pathé FCILEx
Partner, chartered legal executive

The importance of clarity when making a conditional job offer

Employment & business immigration

There are a number of steps a job applicant needs to follow before they can usually start their new role known. This case highlights the importance of clarity in communicating…

Hifsa O'Kelly LLB (Hons)
Partner

An introduction to the Data (Use and Access) Act 2025

Employment & business immigration

The Data (Use and Access) Act 2025 will come into effect from 1 June this year. Our team introduces the act, looking into how it could impact your business. The…

Achante Anson LLB (Hons)
Trainee solicitor
Contact us