Notice Periods

This guidance note explains the minimum notice periods set out in law however, if a contract gives a greater notice period then this would apply.

(even if no signed contract is in place)

By Employer:

• Less than 2 years: 1 week
• Between 2–3 years: 2 weeks
• More than 3 years: 1 additional week per year of service, up to 12 weeks max

By Employee:

• Less than 26 weeks: 1 week
• Between 26 weeks–5 years: 2 weeks
• More than 5 years: 4 weeks

Shorter notice periods than those set by law are not permitted. 

Note: Longer notice periods in contracts still apply unless renegotiated.

• FTCs under 13 weeks are exempt from notice rules unless extended.
• If an original short FTC continues beyond 13 weeks, it becomes a permanent contract.
• Successive FTCs with breaks under 26 weeks maintain continuity of employment.

• Either party may terminate employment without notice due to serious misconduct (e.g., gross misconduct or bullying) – having followed an appropriate process.
• May lead to constructive dismissal claims.

• Either party may waive notice or accept payment in lieu.
• Employees cannot be forced to waive statutory rights.

Weeks count if:

• Covered by a contract
• Absent due to sickness, injury, or custom
• FTCs with breaks less than 26 weeks
• Strikes do not count but do not break continuity. 
• Lock-outs do not break continuity either.

Continuity of employment is preserved when:

• Business is transferred
• Employer dies and employee is retained
• Change in partners or representatives
• Transfer to an associated company

Pro rata bonuses are due unless:

• Employee leaves before qualifying period
• Dismissed for misconduct 

Holiday pay:

• Employee gets payment for unused holidays
• Employer can reclaim pay for excess holidays taken

• Must be provided within 7 days of termination.
• Failure to do so may result in up to 8 weeks’ pay awarded by Tribunal.