Back
We continue to provide our legal services through the COVID-19 lockdown. Please visit our COVID-19 Hub for legal insights, or contact us directly.
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

 

Contact
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
View profile
Mathew Clayton
Related services
Share this article
Resources to help

Related articles

Furloughed workers and annual leave

Employment & business immigration

The government has provided some long awaited guidance on the treatment of annual leave for furloughed employees affected by the coronavirus pandemic. One of our senior employment lawyers, Jenny Hawrot,…

Jenny Hawrot LLB (Hons)
Associate, solicitor

Business immigration and COVID-19: FAQ for employers

Employment & business immigration

For employers, keeping pace with employment law guidelines in the light of the coronavirus (COVID-19) crisis is no easy task, and businesses who sponsor workers from overseas face another layer…

Helen Howes LLM
Trainee solicitor

Coronavirus Job Retention Scheme guidance & updates

Employment & business immigration

Our employment lawyers summarise the latest developments on the Coronavirus Job Retention Scheme to emerge. Thursday 14 May 2020 The government has published guidance today on holiday during furlough. In…

Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Contact us