Section 89 — Employments without normal working hours.

(1) If an employee does not have normal working hours under the contract of employment in force in the period of notice, the employer is liable to pay the employee for each week of the period of notice a sum not less than a week’s pay.

(2) The employer’s liability under this section is conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week’s pay.

(3) Subsection (2) does not apply—

(a) in respect of any period during which the employee is incapable of work because of sickness or injury,

(b) in respect of any period during which 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

(c) in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays.

(4) Any payment made to an employee by his employer in respect of a period within subsection (3) (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) shall be taken into account for the purposes of this section as if it were remuneration paid by the employer in respect of that period.

(5) 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. 89(3)(b) inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 11; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
2. F2 Words in s. 89(3)(b) substituted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 30(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
3. F3 Words in s. 89(3)(b) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 38(2)(a); S.I. 2014/1640, art. 5(2)(m)
4. F4 Words in s. 89(3)(b) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 7; S.I. 2023/1283, reg. 2
5. F5 Words in s. 89(3)(b) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 26(2); S.I. 2020/45, reg. 2
6. F6 Words in s. 89(3)(b) inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 27(2); S.I. 2025/41, reg. 2
7. F7 Words in s. 89(3)(b) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 38(2)(b); S.I. 2014/1640, art. 7(s) (with art. 16)
8. F8 Words in s. 89(4) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 30(3); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
9. F9 Words in s. 89(4) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 38(3)(a); S.I. 2014/1640, art. 7(s) (with art. 16)
10. F10 Words in s. 89(4) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 38(3)(b); S.I. 2014/1640, art. 5(2)(m)
11. F11 Words in s. 89(4) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 26(3); S.I. 2020/45, reg. 2
12. F12 Words in s. 89(4) inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 27(3); S.I. 2025/41, reg. 2