Employment Rights Act 1996

88 Employments with normal working hours. E+W+S

(1) If an employee has normal working hours under the contract of employment in force during the period of notice and 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,

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

(c) the employee is absent from work wholly or partly because of pregnancy or childbirth [F1 or on [F2 adoption leave, parental leave or [F3 ordinary or additional paternity leave]]], or

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

the employer is liable to pay the employee for the part of normal working hours covered by any of paragraphs (a), (b), (c) and (d) 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, statutory sick pay, maternity pay, statutory maternity pay, [F4 paternity pay, [F5 ordinary statutory paternity pay, additional statutory paternity pay] , adoption pay, statutory adoption pay,] holiday pay or otherwise) go towards meeting the employer’s liability under this section.

(3) 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

F1 Words in s. 88(1)(c) inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 10; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)

F2 Words in s. 88(1)(c) substituted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 29(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2

F3 Words in s. 88(1)(c) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 39(2); S.I. 2010/495, art. 4(d)

F4 Words in s. 88(2) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 29(3); S.I. 2002/2866), {art. 2(2)}, Sch. 1 Pt. 2

F5 Words in s. 88(2) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 39(3); S.I. 2010/495, art. 4(d)