How much notice does an employer need to give to terminate an employee’s employment?

The notice period that an employer must give to an employee should be stated in the employment contract. As an employer, you must ensure, that as a minimum, the following notice periods are provided to your employees:

• One week’s notice to an employee who has been continuously employed for one month or more but less than two years;

• One week’s notice for each whole year of continuous employment for an employee employed for two years or more, but less than 12 years. So, if an employee is employed for 5 years 11 months they would be entitled to at least 5 weeks’ notice of dismissal;

• 12 weeks’ notice for continuous service of 12 years or more. So, an employee employed for 16 years would be entitled to at least 12 weeks’ notice.

You could provide employees with more notice in the employment contract, if you wish, but it must not be any less than the above.

An employee employed for one month or more need give only one week’s notice when resigning, unless the contract states otherwise.

In cases of gross misconduct neither statutory or contractual notice needs to be given.

Employers must ensure that the required notice period is given. If no notice is given or the incorrect amount of notice is given, an employee can claim for wrongful dismissal at the Employment Tribunal.

For more information about employment contracts or notice periods, please contact one of our lawyers on 020 7903 6888.