Notice of dismissal while sick

The minimum notice an employer must give an employee depends on how long the employee has been employed and is:

• one week, if the employee has been employed for between one month and two years; or

• one week for each year, if the employee has been employed for between two and 12 years; or

• a maximum of 12 weeks if the employee has been employed for at least 12 years.

If the contract does not specify a notice period, courts can imply “reasonable” notice, taking account of the employee’s length of service and seniority (Clarke v Fahrenheit 451 (Communications) Limited [2000] AER 849).

During the notice period, an employee off sick must be paid their full wages even if they have exhausted their sick pay entitlement, unless their contractual notice is at least one week longer than the statutory minimum notice period. This is the result of a quirk of the legislation set out in sections 87(4) and 88 of the Employment Rights Act 1996 (ERA).