Even if your employment contract doesn’t set out how many hours you work you still have the right to be paid a minimum hourly rate of pay during your notice period that you are:
- off sick
- on holiday
- temporarily laid off
- on maternity/paternity/adoption leave
- ready and willing to do a reasonable amount of work to earn a week’s pay, but your employer doesn’t give you any work
Your pay during these periods is worked out by dividing your average week’s pay by the number of hours you normally work.
Exceptions to the right to minimum pay
You will not be entitled to a minimum pay rate during your notice period if:
- you are working a notice period that is longer than the minimum notice period by a week or longer
- you take part in strike action after giving notice
You will not be entitled to the minimum pay rate for any time off that you request during your notice period. However, this could be protected separately if, for example, you need time off:
- to look for work or arrange training if you are facing redundancy
- for union duties
- for antenatal care
When notice pay is taxable
If you work your notice, you'll be taxed at the usual rate on the money you earn in your notice period.
If your receive payment in lieu of notice (PILON), this is only taxable if it's been provided for in your contract or is customary. Otherwise, it’s not taxable unless the PILON together with redundancy and other compensation adds up to more than £30,000, in which case anything over £30,000 is taxable at the usual rate.
Insolvency happens when an employer has no money to pay the people they owe in full and they have to make special arrangements to try to meet these debts. If your employer wants to end your employment, but can't pay you because they're insolvent, you may be able to claim the money you’re owed from the Insolvency Practitioner.