Notice pay during sickness absence

An employee who is entitled only to statutory notice and who is absent on sick leave during any part of the notice period must be paid their full wages over this period, even if all their contractual sick pay has been used up (section 88, ERA 96). By contrast, an employee entitled to contractual notice that exceeds the statutory minimum by at least one week does not have this right (section 87(4), section 88, ERA 96; Scotts Co (UK) Ltd v Budd [2002] UKEAT 823/01/0511).