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Contracts of employment: 13-week contractual notice disentitled employee on sick leave from statutory notice pay

This report relates to 1 case(s)

Key points

  • In Scotts Company (UK) Ltd v Budd [2003] IRLR 145, the EAT holds that an employee who had exhausted his contractual entitlement to sick pay, and had remained on unpaid sick leave for a year before he was dismissed, was not entitled to a week's pay for each week of his statutory minimum notice period.
  • The employee was contractually entitled to three calendar months' notice, (which was treated by the parties as the same as 13 weeks), and therefore the employer's obligation was to give a least one week more notice than his 12 weeks' statutory entitlement.