Sickness during period of notice

Langley and another v Burlo EAT TLR 3 March

The claimant was dismissed from her employment as a nanny shortly after she suffered injuries in a car crash and was therefore unable to work her notice period. The employment tribunal upheld her complaints of unlawful and unfair dismissal and found that she was entitled to eight weeks’ notice under her contract, notwithstanding that it was a term of her contract that she would receive statutory sick pay if she were absent ill. The employers appealed and the employee cross-appealed on the ground that even if the tribunal was wrong to award full pay for the notice period in the wrongful dismissal action, it should have awarded the same sum when calculating the unfair dismissal compensation.