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
Arthur Cox
Arthur Cox
Issues covered:

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 employed for one month or more, the employee has certain entitlements during that notice period. The

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Back to Q&A's This article is correct at 05/03/2019

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.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email

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