Section 88 Employments with normal working hours.

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—

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.

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, F8paternity pay, F9statutory paternity pay, adoption pay, statutory adoption pay, F10shared parental pay, statutory shared parental pay, F11parental bereavement pay, statutory parental bereavement pay, F12neonatal care pay, statutory neonatal care pay, holiday pay or otherwise) go towards meeting the employer’s liability under this section.

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.