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Chapter 4
Wrongful and unfair dismissal
Notice
It is usually a matter of negotiation between the employer and employee how much
notice is to be given in order to terminate the contract. This will usually be an express
term stated in the employment contract.
The Employment Rights Act 1996 lays down certain minimum periods which apply in
the employment contract. The express terms of the contract can increase these
notice periods but the notice given can never be less than the statutory minimum.
The minimum notice an employer must give depends on the continuous employment
period:
Continuous Employment Minimum notice
4 weeks to 2 years Not less than one week
From 2 years to 12 years Not less than one week for each year of
continuous employment
Over 12 years 12 weeks
The minimum notice an employee must give their employer once they have worked
for them for four weeks, is at least one week.
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