Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.
Is an employee on an unpaid career break entitled to receive statutory notice pay?
Firstly, it will be necessary to check whether the employee’s contract of employment is continuing or terminating during the career break.
If the contract is terminating, the employee loses their right to notice and any notice pay. If the contract of employment is continuing, the employee will continue to enjoy their statutory employment rights, one of which is the right to receive notice of their termination.
In relation to notice pay, if an employee is not carrying out any work during their notice period, generally they are not entitled to receive any notice pay for this period, unless their contract specifies otherwise.
However, article 120 and
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