Q&As

An employee has a fixed term contract requiring the employer to give notice of termination equal to the statutory notice to which the employee is entitled. If the employee is on sick leave (for which they are entitled to statutory sick pay only) during their notice period, will they be entitled to pay at their normal rate during the notice period?

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Published by a LexisNexis Employment expert
Published on: 01 August 2023
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For information on the statutory right to a minimum period of notice under Employment Rights Act 1996 (ERA 1996) generally, see Practice Note: Statutory minimum notice.

The statutory right to notice

ERA 1996, s 86(1)–(2) sets out the statutory period of notice required to terminate the contract of employment of a person who has been continuously employed for one month or more.

For these purposes, ‘contract of employment’ means a contract of service or apprenticeship, whether express (oral or in writing) or implied.

An employee on a fixed term contract of employment has the same right to statutory notice as other employees,

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