Statutory Notice Pay

Authorities (5)

• Secretary of State v Westwood [1984] IRLR 209
  Browne-Wilkinson J

  Insolvency; notice pay; the Secretary of State cannot deduct tax/NI from notice pay if the claimant didn't actually receive the money.

• Vivian v Coca-Cola Export Corporation [1984] 2 NZLR 289
  Prichard J

  Contract; redundancy; implied term of reasonable notice.

• Denco Ltd v Phipps [1991] IRLR 397
  Wood J

  Dismissal; effective date of termination; a dismissal takes effect when the employee is told, not when they read the letter.

• Scotts Company (UK) Ltd v Budd [2003] IRLR 145
  J Burke QC, Mr J Hougham CBE, Sir Gavin Laird CBE

  Notice pay; sickness; an employee on sick leave during the notice period is entitled to full pay (s.88 ERA).

• Przybylska v Modus Telecom Limited UKEAT/0566/06/CEA [judgment]
  EAT

  Breach of contract; probationary period; an express contractual right to extend a probationary period must be actively exercised. By allowing the probationary period to pass without dismissing the employee or expressly exercising the right to extend it, the employer lost the right to dismiss on one week's notice and the employee became entitled to three months' notice under her contract.