An employee is on long-term sickness absence and has exhausted their entitlement to statutory sick pay, what payment should they receive in respect of their notice period if they are dismissed?Posted in : First Tuesday Q&A NI on 5 March 2019
There is a statutory minimum period of notice that must be given to bring a contract of employment to an end, except where one of the parties is entitled to terminate without notice due to gross-misconduct, for example. The contract of employment can specify a longer period of notice but, where the contract provides for shorter notice than the statutory minimum, statute overrides the contract and the contract is treated as giving the statutory entitlement.
Where notice of termination of employment is given, either by the employer or the employee, and the employee has been continuously
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Sickness & Absence
- What is the limit on carryover holiday when an employee returns from sick leave?
- Returning to work from long-term sick leave
- Are we obliged to pay employees during phased return to work?
- Working Time; Sickness and Absence; National Minimum Wage Issues; GDPR; & much more
- Contacting bereaved employees – how do I handle it?
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.