An employee is entitled to receive a notice period prior to dismissal. There is a statutory minimum period based on length of service which can be increased by contract of employment terms and conditions but may never be reduced.
Employers notice to employee:
- Less than one month's service - reasonable period i.e. not no notice at all
- Between one month's and two years' continuous service - 1 week's notice
- Between 2 years and 12 years - 1 week's notice for each complete year of service
- Over 12 years' service - 12 weeks' notice
Employees notice to employer:
- One month or more continuous service - 1 week's notice
The written particulars of the contract of employment should include the periods of notice required on termination for both parties. They may not be less than the statutory requirements. Should a dispute regarding notice periods arise an Employment Tribunal would not be impressed if the notice periods were missing from the contact may find in favour of the employee for no other reason.
The statutory periods of notice are not always the 'default' periods to use if they are not specified in the contact, they are merely the minimum period to be given. A tribunal will take into account, among other things, the pay frequency, seniority, level of pay, skill etc to decide upon a suitable period of notice. Should the tribunal find in favour of the employee and at a greater period of notice than that given the employer is at risk of being guilty of unfair dismissal.
