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Employment Rights Act 1996, Section 88 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 [F2adoption leave, [F3shared parental leave,] [F4carer’s leave,] [F5parental bereavement leave,] parental leave or [F6paternity 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, [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) 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
F1Words 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)
F2Words 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
F3Words in s. 88(1)(c) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 37(2)(a); S.I. 2014/1640, art. 5(2)(l)
F4Words in s. 88(1)(c) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 6; S.I. 2023/1283, reg. 2
F5Words in s. 88(1)(c) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 25(2); S.I. 2020/45, reg. 2
F6Words in s. 88(1)(c) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 37(2)(b); S.I. 2014/1640, art. 7(r) (with art. 16)
F7Words 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
F8Words in s. 88(2) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 37(3)(a); S.I. 2014/1640, art. 7(r) (with art. 16)
F9Words in s. 88(2) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 37(3)(b); S.I. 2014/1640, art. 5(2)(l)
F10Words in s. 88(2) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 25(3); S.I. 2020/45, reg. 2
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