Work out if there is a requirement to pay notice pay where an employee who has exhausted entitlement to sick pay is being dismissed due to long-term incapacity

Key points

  • In certain circumstances, an employee who has exhausted entitlement to sick pay and who is dismissed due to long-term incapacity will be entitled to be paid his or her normal pay during the notice period.
  • There are provisions in the Employment Rights Act 1996 setting out when full pay will be due to an employee who is no longer receiving sick pay.
  • Whether or not the right to be paid during the notice period applies depends on the length of the employee's contractual notice period, compared with the length of the statutory minimum notice period.

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