Q&As

If an employee who is on maternity leave serves or is served notice, what is her entitlement to pay when she (a) works her notice or (b) is paid in lieu of notice?

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Published on LexisPSL on 24/04/2015

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If an employee who is on maternity leave serves or is served notice, what is her entitlement to pay when she (a) works her notice or (b) is paid in lieu of notice?
  • Notice pay where the employee works her notice during maternity leave
  • Where the employee is entitled to statutory minimum period of notice, or contractual notice which does not amount to one week or more in excess of statutory minimum notice
  • Employee entitled to contractual notice which amounts to one week or more in excess of the statutory minimum notice
  • Interaction between notice pay and SMP
  • Amount of payment in lieu of notice during maternity leave
  • Employee with a PILON clause in the contract of employment
  • Employee with no PILON clause in the contract of employment

If an employee who is on maternity leave serves or is served notice, what is her entitlement to pay when she (a) works her notice or (b) is paid in lieu of notice?

The period of statutory minimum notice to be given to employees is:

  1. no minimum in the first month of employment

  2. one week after continuous service between one month and two years

  3. one week for each complete year of continuous service for service between two years and twelve years

  4. twelve weeks after 12 or more years' continuous service

The parties can agree to waive their rights to statutory minimum notice, or agree to payment in lieu of statutory minimum notice.

For further information generally, see our Practice Notes: Statutory minimum notice and Payment in lieu of notice (PILON).

Notice pay where the employee works her notice during maternity leave

The employee's entitlement to notice pay where she works her notice will depend in large part upon the contractual terms applying in any given case.

Where the employee is entitled to statutory minimum period of notice, or contractual notice which does not amount to one week or more in excess of statutory minimum notice

Assuming the employee has been continuously employed for one month or more (which will be the case for an employee who is entitled to SMP), she will be entitled to be paid during the notice period

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