Author: Roxanne Bradley
Published: February 3, 2020
Reading time: 1 minute
This article is 2 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
If an employee has been on long term sick leave and has decided to resign from the position, they will still be entitled to their notice period and any accrued holiday.
Whilst the employee may have been receiving statutory sick pay/company sick pay the employee will be entitled to their full pay rate for their notice period.
This is also applies to any employee whilst on annual leave, temporarily laid off and on maternity, paternity or adoption leave.
In regards to the notice period, please refer to the employment contract.
Remember, the notice period can be more than the statutory minimum but it cannot be anything less!
The statutory notice periods are:
- at least one week’s notice if employed between one month and 2 years
- one week’s notice for each year if employed between 2 and 12 years
- 12 weeks’ notice if employed for 12 years or more