What payment is an employee entitled to during their notice period?
An employee is entitled to be paid at their normal rate of pay. They are also entitled to receive any contractual benefits (express or implied) which they ordinarily enjoy such as use of a company car, mobile phone, etc. This applies regardless of whether the employee is away from work on sick leave, holiday or maternity leave during the notice period, or if they are willing to work but no work is provided. If a proportion of their pay is made up of commission then issues will arise if they are not permitted to work during their notice period (see bonus and commission section). When will a dismissal be fair? A fair dismissal involves two criteria both of which must be satisfied. Firstly, the dismissal must be for one of the following reasons: • the employee is unable or unqualified to do the job in hand (e.g. long term sickness absence) • the employee’s conduct is unsatisfactory (e.g. poor attendance) • the employee is legally prevented from continuing to carry out their job (e.g. a va
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