(1)If an employee does not have normal working hours under the contract of employment in force in the period of notice, the employer is liable to pay the employee for each week of the period of notice a sum not less than a week’s pay.
(2)The employer’s liability under this section is conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week’s pay.
(3)Subsection (2) does not apply—
(a)in respect of any period during which the employee is incapable of work because of sickness or injury,
(b)in respect of any period during which the employee is absent from work wholly or partly because of pregnancy or childbirth [F1or on [F2adoption leave, [F3shared parental leave,] [F4carer’s leave,] [F5parental bereavement leave,] parental leave or [F6paternity leave]]], or
(c)in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays.
(4)Any payment made to an employee by his employer in respect of a period within subsection (3) (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, [F7paternity pay, [F8statutory paternity pay], adoption pay, statutory adoption pay,] [F9shared parental pay, statutory shared parental pay,] [F10parental bereavement pay, statutory parental bereavement pay,] holiday pay or otherwise) shall be taken into account for the purposes of this section as if it were remuneration paid by the employer in respect of that period.
(5)Where notice was given by the employee, the employer’s liability under this section does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.
Textual Amendments
F1Words in s. 89(3)(b) inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 11; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
F2Words in s. 89(3)(b) substituted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 30(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
F3Words in s. 89(3)(b) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 38(2)(a); S.I. 2014/1640, art. 5(2)(m)
F4Words in s. 89(3)(b) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 7; S.I. 2023/1283, reg. 2
F5Words in s. 89(3)(b) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 26(2); S.I. 2020/45, reg. 2
F6Words in s. 89(3)(b) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 38(2)(b); S.I. 2014/1640, art. 7(s) (with art. 16)
F7Words in s. 89(4) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 30(3); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
F8Words in s. 89(4) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 38(3)(a); S.I. 2014/1640, art. 7(s) (with art. 16)
F9Words in s. 89(4) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 38(3)(b); S.I. 2014/1640, art. 5(2)(m)
F10Words in s. 89(4) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 26(3); S.I. 2020/45, reg. 2