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Chapter 10
Notice pay during sickness absence
[ch 10: page 314]An employee who is absent on sick leave during any part of the notice period is entitled to their full wages, even if all contractual sick pay has been used up (section 88, ERA 96), unless their contractual notice entitlement is at least one week longer than the statutory minimum (section 87(4), section 88, ERA 96, Scotts Co (UK) Ltd v Budd [2002] UKEAT 823/01/0511).