Employment Protection (Consolidation) Act 1978

Employments for which there are normal working hours E+W+S

2 (1) If an employee has normal working hours under the contract of employment in force during the period of notice, and if during any part of those normal working hours—

(a) the employee is ready and willing to work but no work is provided for him by his employer; or

(b) the employee is incapable of work because of sickness or injury; or

(c) the employee is absent from work in accordance with the terms of his employment relating to holidays.

then the employer shall be liable to pay the employee for the part of normal working hours covered by paragraphs (a), (b) and (c) a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week’s pay by the number of normal working hours.

(2) Any payments made to the employee by his employer in respect of the relevant part of the period of notice whether by way of sick pay [F1 statutory sick pay], holiday pay or otherwise, shall go towards meeting the employer’s liability under this paragraph.

(3) Where notice was given by the employee, the employer’s liability under this paragraph shall not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Textual Amendments

F1 Words inserted by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), Sch. 2 para. 13