Section 88 — Employments with normal working hours.

(1) If an employee has normal working hours under the contract of employment in force during the period of notice and during any part of those normal working hours—

(a) the employee is ready and willing to work but no work is provided for him by his employer,

(b) the employee is incapable of work because of sickness or injury,

(c) the employee is absent from work wholly or partly because of pregnancy or childbirth [F1 or on [F2 adoption leave, [F3 shared parental leave,] [F4 carer’s leave,] [F5 parental bereavement leave,] [F6 neonatal care leave,] parental leave or [F7 paternity leave]]], or

(d) the employee is absent from work in accordance with the terms of his employment relating to holidays,

the employer is liable to pay the employee for the part of normal working hours covered by any of paragraphs (a), (b), (c) and (d) a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week’s pay by the number of normal working hours.

(2) Any payments made to the employee by his employer in respect of the relevant part of the period of notice (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, [F8 paternity pay, [F9 statutory paternity pay], adoption pay, statutory adoption pay,] [F10 shared parental pay, statutory shared parental pay,] [F11 parental bereavement pay, statutory parental bereavement pay,] [F12 neonatal care pay, statutory neonatal care pay,] holiday pay or otherwise) go towards meeting the employer’s liability under this section.

(3) Where notice was given by the employee, the employer’s liability under this section does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Amendment notes

1. F1 Words in s. 88(1)(c) inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 10; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
2. F2 Words in s. 88(1)(c) substituted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 29(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
3. F3 Words in s. 88(1)(c) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 37(2)(a); S.I. 2014/1640, art. 5(2)(l)
4. F4 Words in s. 88(1)(c) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 6; S.I. 2023/1283, reg. 2
5. F5 Words in s. 88(1)(c) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 25(2); S.I. 2020/45, reg. 2
6. F6 Words in s. 88(1)(c) inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 26(2); S.I. 2025/41, reg. 2
7. F7 Words in s. 88(1)(c) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 37(2)(b); S.I. 2014/1640, art. 7(r) (with art. 16)
8. F8 Words in s. 88(2) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 29(3); S.I. 2002/2866), {art. 2(2)}, Sch. 1 Pt. 2
9. F9 Words in s. 88(2) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 37(3)(a); S.I. 2014/1640, art. 7(r) (with art. 16)
10. F10 Words in s. 88(2) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 37(3)(b); S.I. 2014/1640, art. 5(2)(l)
11. F11 Words in s. 88(2) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 25(3); S.I. 2020/45, reg. 2
12. F12 Words in s. 88(2) inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 26(3); S.I. 2025/41, reg. 2