I am currently working my notice, and took a few days off sick (the entire office seems to be unwell). I've been informed that they will not pay me for those days, because I am on my notice period.

Does this sound legitimate? I thought as an employee all benefits continued whilst one is working one's notice.

EDIT: I should say that my notice period is four weeks. So from reading this page on Baines Wilson, cited below I think it is up to the employer as to what they pay, if any, because

If the contract of employment obliges the employer to give notice which
is at least a week more than the statutory minimum notice period, the 
employer does not need to make any payment during the notice period. 
For example, if the employee had been working for 4 years and their     
contractual notice period was 12 weeks, they will not be entitled to any 
pay during their notice period if they were on sick leave.
  • 3
    Check your employee manual. Commented May 17, 2015 at 15:22
  • I agree, there should be a contract. Otherwise see the default US (or insert country here) employee regulations. Unfortunately , the lines get blurry since you are leaving. Are you leaving on good terms, or was this a painful exit ? Commented May 17, 2015 at 15:24
  • Since this is in the UK, I would be 99% sure that this is illegal. You are 100% a normal employee with all the rights and duties like every other employee until the last day of your notice period, and on the last day of the notice period you seize to be an employee.
    – gnasher729
    Commented May 17, 2015 at 17:50
  • 1
    Sections 87 to 91 of the Employment Rights Act 1996 if the employer is only required to give an employee the statutory minimum notice under their contract, the employee is entitled and guaranteed to receive full notice pay for that period of notice, regardless of whether the employee is on sick leave. So whoever told you wont get payed is talking horseshit. Contact your nearest Legal Aid office and let them know if they are insisting they wont pay you. baineswilson.co.uk/articles/…
    – Tasos
    Commented May 17, 2015 at 18:14
  • 1
    This is all employees in the UK not company specific voting to keep
    – Pepone
    Commented May 18, 2015 at 22:49

1 Answer 1


In the UK Employees are entitled to sick pay during any part of their statutory notice period when they are:

•“ready and willing” to work even if no work is provided by the employer;

Incapable of work because of sickness or injury;

•Absent from work wholly or partly because of pregnancy, childbirth, adoption leave, parental leave or paternity leave; or

•Absent from work on holiday in accordance with their terms of employment relating to holidays.


  • Wonderful answer. Do you have a source? This seems like something that would be posted in the break room in a U.S. company.
    – blaughw
    Commented May 17, 2015 at 18:23
  • A link to the .gov.uk site would be useful Commented May 17, 2015 at 19:26
  • 2
    Employment Rights Act 1996 Section 88, for UK only obviously.
    – Nathan
    Commented May 17, 2015 at 20:03
  • 1
    The statutory notice period is only a week, so this bit of law may well not apply. Commented May 18, 2015 at 9:49
  • 1
    Where do you get 4 weeks from? The site you linked says 1 week, nothing about it increasing with years served. Commented May 19, 2015 at 4:59

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