Employment Law – Notice Period

If your employer wishes to terminate your employment, it is usually required to give a period of notice to you. The statutory notice period is the minimum legal notice period required to be given before terminating your employment. Your employment contract may entitle you to greater notice. The statutory notice period depends on the length of your continuous employment for the organisation.

  • One week notice - where you have been continuously employed for more than one month but less than two years.
  • Two weeks’ notice - where you have been continuously employed for longer than two years.

Beyond two years, you are entitled to an additional week’s notice for each full year of continuous employment up to a maximum of twelve weeks. Therefore, if you had been continuously employed for six years you would be entitled to six weeks notice.

As an employee, you are only required by statute to give one week’s notice to quit employment no matter your length of service. However, your contract of employment may require you to give more notice.

The exception to the statutory notice period is where your employment is terminated for gross misconduct. This is a serious act such as violence or physical abuse, theft, a major breach in health and safety policy or gross negligence. Your employer usually sets out in your employment contract or a staff handbook what issues would constitute a gross misconduct. If you are accused of gross misconduct, a fair disciplinary process is usually followed to avoid tribunal claims.

If you find yourself in a position where your employer is not giving you the required notice period or you are unhappy with the way a disciplinary process was handled you should contact the experienced team at Davies and Partners Solicitors. Davies and Partners have been providing professional legal support for over 20 years and provide a national service with offices in Gloucester, Bristol, Central Birmingham and London’s West End. Their professional legal advisors are specialists in employment law and can provide you with the advice and support you need, whatever your issue.

If you are an employer, you need to ensure that you keep abreast of the ever changing world of employment law. The team at Davies and Partners Solicitors can provide you with all of the information you need to ensure that your employment contracts are correctly drafted and that you are managing potential disciplinary procedures fairly and legally.

Davies and Partners can be contracted on a case by case basis or with a monthly retainer, offering a fixed monthly cost for legal support. For total peace of mind you can guard against unexpected legal costs with their Total Legal Care package. This is an insurance product which, should you be called to a tribunal, will cover the costs of pursuing the defence of a claim.

Davies and Partners allows you to be confident that any legal issues associated with employment law can be negated or resolved swiftly, preventing loss of business, reputational risk and unexpected cost.

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