Section 89 Employments without normal working hours.

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.

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.

Subsection (2) does not apply—

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, 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) 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.

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.