Employment Protection (Consolidation) Act 1978

3 (1) If an employee does not have normal working hours under the contract of employment in force in the period of notice the employer shall be liable to pay the employee for each week of the period of notice a sum not less than a week’s pay.

(2) Subject to sub-paragraph (3), the employer’s obligation under this paragraph shall be conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week’s pay.

(3) Sub-paragraph (2) shall not apply—

(a) in respect of any period during which the employee is incapable of work because of sickness or injury, or

[F1 (aa) in respect of any period during which the employee is absent from work wholly or partly because of pregnancy or childbirth, or]

(b) in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays,

and any payment made to an employee by his employer in respect of such a period, whether by way of sick pay [F2 statutory sick pay], [F3 maternity pay, statutory maternity pay,] holiday pay or otherwise, shall be taken into account for the purposes of this paragraph as if it were remuneration paid by the employer in respect of that period.

(4) Where the 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 Sch. 3 para. 3(3)(aa) inserted (10.6.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 27(b)(i); S.I. 1994/1365, art. 2, Sch.

F2 Words inserted by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), Sch. 2 para. 13

F3 Words in Sch. 3 para. 3(3) inserted (10.6.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 27(b)(ii); S.I. 1994/1365, art. 2, Sch.